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Agarwala and Co. and ors. Vs. Union of India (Uoi) and ors.

Court : Kolkata

Subject : Civil

Acts : Railways Act, 1989 - Sections 65, 65(2), 69, 72(4), 73 and 79; ;Constitution of India - Article 226

Reported in : AIR2007Cal90

of paragraph 1744 of the Indian Railway Commercial Manual-II read with the provisions of Section 79 of the Railways Act, 1989, it was not permissible for the respondent authority to sit tight over the matter. Mr. Samanta further submits

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 … of the Act, empowers the Central Government to make Rules in respect of matters of carriage of goods.7. Section 79 of the Act, reads as follows :--79. Weighment of consignment on request of the consignee or endorsee.--A railway

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

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 … railway administration behind the petitioner's back who, however, was free to seek weighment according to the provisions of Section 79 of the Railways Act, 1989.18. I am unable to accept the contention that the punitive charges levied under

Union of India (Uoi) and ors. Vs. Agarwala and Co. and anr.

Court : Kolkata

Subject : Civil

Acts : Indian Railways Act, 1989 - Sections 65, 65(2), 72(1), 72(2), 72(3), 72(4), 78 and 79; ;Constitution of India - Article 14

Reported in : 2008(1)CHN751

be disposed of.5. The learned Single Judge, on consideration of the provisions contained in Section 79 of the Railways Act, 1989 read with the provisions of paragraph 1744 of the Indian Railway Commercial Manual-II, came to the conclusion that

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

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 … reweighment claimed by the petitioners at the destination station where the coal is lying on the groundafter unloading. Section 79 of the Indian Railways Act is excerpted below for instant attention.'79. Weighment of consignment on request of the

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

Court : Guwahati

Subject : Civil

Acts : Railways Act, 1989 - Sections 73, 78 and 79; Constitution of India - Articles 14 and 226; Evidence Act, 1872 - Sections 115

made pursuant to the said order of reweighment. Mr. Ghose and Mr. Sahewalla referred to the provisions of Section 79 of the Act, 1989 which provides for weighment or consignment on request of the consignee or endorsee and … in which it was held that the rights and obligations between the Railways and its customers were governed by the terms and conditions of the … basis of the said weighment could not be levied on the petitioners under Section 73 of the Railway Act, 1989, (for short, 'the Act 1989'). In support of the aforesaid submission, Mr. Ghose and Mr. Sahewalla cited the

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 … under Section 78 of the Indian Railways Act and whether the railway administration has also unbridled discretion under Section 79 of the said Act not to re-weigh, on the request of the consignee or endorsee, such a re-weighed

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

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

is not feasible due to congestion in the yard or such other justified circumstances as specified in the Section 79 of the Railways Act. In the said case, like the present one, the Railway authority at Malda Town … 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