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Food Corporation of India Vs. Union of India (Uoi) and anr.

Court : Mumbai

Subject : Civil

Acts : Railways Act, 1890 - Sections 78B, 82A and 82(2); Railways Act, 1989 - Sections 106; Code of Civil Procedure (CPC) - Sections 80 and 80(1); Railway Claims Tribunal Act, 1987 - Sections 13, 13(1), 13(2), 16, 18, 18(1), 18(3), 24, 24(1) and 24(2); Interest Act 1978 - Sections 3

Reported in : III(2006)ACC863; 2006(3)ALLMR518; 2006(5)BomCR372; 2006(3)MhLj804

as an application and not as a civil suit. It is further clear that the provisions of the Railways Act, 1989 and the Rules made thereunder are applicable for inquiring into or determining the claims by the Claims Tribunal … under Section 80 of the Code of Civil Procedure read with Section 78-B of the Indian Railways Act. The appellant, therefore, sought a direction to … the Corporation on the ground that the claim was not maintainable for non-compliance of the mandatory provisions of Section 80 of Code of Civil Procedure. 2. Brief facts giving rise to the controversy in question are summarized

Raghu Forwarding Agency and anr. Vs. Union of India (Uoi) and ors.

Court : Guwahati

Subject : Civil

Acts : Indian Railways Act, 1989 - Sections 78, 79, 87 and 87(2); Constitution of India - Articles 14 and 226

the Respondent Railways and paid by them under compulsion need to be refunded.5. Section 78 of the Indian Railways Act, 1989, (for short the 'Act'), reads as under :--78. Power to measure, weigh, etc.--Notwithstanding anything contained in the railway

Durgesh Coal and Others Vs. Northern Railway, New Delhi and Others

Court : Allahabad

Subject : Miscellaneous

Acts : Indian Railways Act, 1989 - Sections 2, 2(37), 27, 64, 65(2), 72(1), (2) and (4), 73, 78 and 79; Railways (Punitive Charges for Overloading of Wagon) Rules, 1990 - Rule 3; Indian Railways Conference Association Tariff Rules - Rule 702; Constitution of India - Article 226

Reported in : 2000(2)AWC1682

the production of railway receipts, etc. Civil - over loading - Sections 73, 78 and 79 of Indian Railways Act, 1989, Rule 3 of Railways (Punitive Charges for Overloading of Wagon) Rules, 1990 and Rule 702 of Indian Railways … any weighbridge station en-route or at destination station. Such a right is vested in the railway as per Section 78 of Railways Act before the delivery ^ of the consignment, aside from the' endorsement made in this behalf

Nirmal Traders Vs. Union of India (Uoi) and ors.

Court : Guwahati

Subject : Civil

Acts : Railways Act, 1989 - Sections 78 and 79; Constitution of India - Article 226

consignment to the consignee or endorsee. 27. That the railways have special powers under Section 78 of the'Indian Railways Act, 1989 to, inter alia, re-weigh or remeasure any consignment before delivery of the same cannot be disputed and is

Nirmal Traders Vs. Union of India (Uoi) and ors.

Court : Guwahati

Subject : Civil

Acts : Railways Act, 1989 - Sections 78 and 79; Constitution of India - Article 226

Matched in: Advocate G.N. Sahewalla, Sr. Adv. B. Sharma, SC, Railways and B. Das, SC, CBI

Syed Muneer Raza Vs. Chairman, Railway Board, New Delhi and Others

Court : Andhra Pradesh

Subject : ContractConstitution

Acts : Railway Claims Tribunal Act, 1987 - Sections 13(1), 56, 59, 65, 72, 73, 78 and 142; Constitution of India - Articles 14, 19(1), 21 and 226; Railways Act, 1989 - Sections 78, 79 and 105; IRCA - Rule 117; Army Act, 1950; Navy Act, 1957; Air Force Act, 1950; Indian Penal Code (IPC), 1860 - Sections 354; Railways Act, 1890 - Sections 78-B

Reported in : 2000(1)ALD689

Matched in: Advocate Mr. P. Radha Krishna, Adv. Mr. D. Srinivas, SC for Railways

Rajasthan State Electricity Board Vs. Union of India and ors.

Court : Mumbai

Subject : CivilLimitation

Acts : Constitution of India - Articles 32 and 226; Railway Act, 1989 - Sections 71, 82-A, 106, 106(3) and 124-A; Railway Claims Tribunal Act, 1987 - Sections 13, 13(1) and (1-A), 15, 16, 17, 17(2) and 23; Limitation Act, 1963 - Sections 17(1) - Schedule - Article 113; Code of Civil Procedure (CPC), 1908; Indian Railways Act, 1890 - Sections 78-B; Central Excise and Customs Laws (Amendment) Act, 1991; Central Excise Act, 1944; Central Excise Tariff Act, 1985; Customs Act, 1962; Customs Tariff Act

Reported in : 2002ACJ992; AIR2001Bom310; 2001(3)ALLMR400; 2001(4)BomCR239; (2001)4BOMLR725; 2001(3)MhLj479

writ petition for the reliefs prayed for, and must necessarily seek a remedy under the provisions of the Railways Act, 1989 for adjudication of such a claim for refund.2. The facts of the case, which are not in dispute, … of three months next after the date on which the intimation of the claim has been preferred under Section 78 of the Railways Act.(2) Notwithstanding anything contained in Sub-section (1), an application may be entertained after the period

Union of India (Uoi) Vs. Biswanath Agarwal

Court : Kolkata

Subject : Civil

Acts : Railways Act, 1989 - Sections 65, 65(2), 72(1), 72(2), 72(3), 72(4), 78 and 79; ;Bihar University Act - Section 35(3); ;Constitution of India - Article 12

Reported in : 2008(3)CHN401

at the destination.6. The Division Bench further held that there is no provision in the Railways Act qua Section 78 that the consignor must be noticed before the reweighment and that under the provision of Section 79 of … of freight charges, should also be recorded on the invoice.(a) Under the provisions of Section 65 of the Railways Act, 1989:(1) A railway administration shall(a) In a case where the goods are to be loaded by a person entrusting

Bhagaban Dey Vs. Union of India (Uoi) and ors.

Court : Kolkata

Subject : Civil

Acts : Railways Act, 1989 - Sections 30, 33, 36, 37, 43, 48, 70, 72(2), 72(3), 72(4), 73, 78, 79, 82 and 83

Reported in : AIR2010Cal13

for carriage between two stations behind the back of the person likely to be affected by the action.24. Section 78 of the Railways Act, 1989, empowering a railway administration to re-weigh the goods, is as follows:78. Power to … Mr. Das, Counsel for the respondents, in view of the provisions of Sections 33 and 36 of the Railways Act, 1989, against the demands the petitioner's remedy, if any, is only before the Tribunal. He has relied on Jagit

Bharat Kumar and anr. Vs. Union of India (Uoi) and anr.

Court : Rajasthan

Subject : Civil

Acts : Indian Railways Act, 1989 - Sections 93 and 106; Indian Railways Act, 1890 - Sections 73, 78 and 78(B); Code of Civil Procedure (CPC) - Sections 80

Reported in : III(2004)ACC810; AIR2005Raj124; RLW2004(4)Raj2074

has not arisen from a contract with the defendants. He referred the provisions of Section 93 of the Railways Act 1989 (Section 73 of the Indian Railways Act 1890) and contended that responsibility of the defendant railway administration to pay … partnership firm and service of Notice under Section 80 C.P.C. is also not proved and Notice under Section 78(B) of the Railways Act (hereinafter referred to as the 'Act') was not given. I have heard learned counsel