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Jayaswals Neco Ltd. Vs. Union of India (Uoi) and ors.

Court : Delhi

Subject : Commercial

Acts : Railway Claims Tribunal Act; Railways Act, 1989 - Sections 83 and 84

Reported in : 114(2004)DLT178

the present writ petition challenging the same as arbitrary, unreasonable and contrary to the provisions of the Indian Railways Act, 1989. The petitioner's case primarily is that the consignments in question having been transported after permission had been obtained … from it, failing which the railways threatened to exercise its lien over the petitioner's goods in terms of Section 83 and 84 of the Indian Railways Act. Aggrieved by the said demands, the petitioner company has filed the

Jagjit Cotton Textile Mills Vs. Chief Commercial Superintendent N.R. a ...

Court : Supreme Court of India

Subject : Civil

Acts : Sale of Goods Act, 1930 - Sections 19 and 23(1); Employees Provident Fund etc. Act, 1952; Railways Act, 1890 - Sections 3(13), 16, 29(1), 47(4), 53(1),(2), 54(1), 72(1), 72(2) and 73; Railways (Amendment) Act, 1954; Indian Railways Conference Association - Rules 6, 29 and 161A; Constitution of India - Article 14; Railways Act, 1989 - Sections 27, 55(1), 72, 73, 74, 83 and 87; Indian Railway Board Act, 1905 - Sections 2; Foreign Exchange Regulation Act, 1947 - 23(1); Customs Act, 1962

Reported in : 1998IVAD(SC)185; AIR1998SC1959; JT1998(3)SC297; 1998(3)SCALE209; (1998)5SCC126; [1998]2SCR1065

verified and noted in the forwarding note and in the railway receipt. The Railways Act, 1890 and the Railways Act, 1989 contain provisions which require that the 'average carrying capacity' of each wagon be marked on the wagon. Section … the normal charges and not for the penal charges. Again under Section 55 of the old Act and Section 83 of the new Act, there is a lien in favour of the Railways which extends to the collection

Mahendra Kumar and Company Vs. Union of India (Uoi)

Court : Madhya Pradesh

Subject : Civil

Acts : Railway Claims Tribunal Act, 1987 - Sections 23; Railways Act, 1989 - Sections 83

Reported in : 2004(4)MPHT77; 2004(4)MPLJ100

that the respondent had no right to sell the consignment applying the provisions of Section 83 of the Railways Act, 1989.5. On the other hand Shri S.P. Sinha, learned Counsel for the respondent has supported the impugned order

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 … and the amount cannot be recovered after the delivery of the goods. In my opinion, the provisions of Section 83 make it clear that after the delivery of the goods in question also punitive charges according to Section

Selvi J. Jayalalitha Vs. State Rep by Addl. Superintendent of Police, ...

Court : Chennai

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 -- Sections 91, 147, 173, 227, 239 and 240; Indian Penal Code (IPC), 1860 -- Sections 21, 22, 24, 25, 43, 109, 120, 139, 159, 169, 403, 405, 407, 408, 409, 415 and 420; Prevention of Corruption Act, 1947 -- Sections 5(1) and 13(1); Prevention of Corruption Act, 1988 -- Sections 5; Companies Act, 1956; Constitution of India -- Article 13(3) and 21; Code of Civil Procedure (CPC), 1908 -- Order 21, Rule 73; Cattle Trespass Act, 1871 -- Sections 19; Transfer of Property Act, 1882 -- Sections 136; Railway Act, 1989 -- Sections 83, 84, 85 and 189; General Clauses Act, 1897 -- Sections 3(38)

Reported in : 2001CriLJ3074; 2000(2)CTC116

claiming by or through him, any actionable claims so dealt with by him as aforesaid.'Section 189 of the Railways Act, 1989 says-'Railway servants not to engage in trade.--A railway servant shall not- (a) purchase or bid for, either in … or in that of another, or jointly or in shares with others, any property put to auction under Section 83 or Section 84 or Section 85, or Section 90' or (b) in contravention of any direction of the

M/s. Goodearth Agro Chem Pvt. Ltd. and Another Vs. The Container Corpo ...

Court : Mumbai Nagpur

Subject : Education

liable to pay penalty and other associated charges. He found that provisions of Sections 66 and 83 of Railways Act, 1989 enable Container Corporation to claim the same from M/s. Goodearth. He accordingly found penal charges payable at Rs.9,07,327.80. … Constitution of India - Article 14, Article 19(1)(g) - Railways Act, 1989 – Section 64, Section 66 and Section 83 - The Indian Railways (Permission for Operators to Move Container Trains on Indian Railways) Rules, 2006 - False

Action Committee for Resolving Gujarat Salt Manufactures Vs. Union of ...

Court : Gujarat

Subject : Civil

Acts : Railways Act, 1989 - Sections 10, 64(3), 65(2), 72, 72(1), 72(2), 72(3), 72(4), 73, 73(1), 83 to 85 and 86; Foreign Exchange Regulation Act, 1947 - Sections 23(1); Employees' Provident Funds etc. Act, 1952; Customs Act, 1962; Constitution of India - Articles 14 and 226; Railways (Punitive Charges for Overloading of Wagon) Rules, 1990 - Rule 161A; Standard of Weights and Measures (Enforcement) Act, 1985; Weighment of Consignment (in Wagon Load or Train load) Rules, 1990 - Rule 4; Railways Punitive Charges for Overload of Wagons (Amendment) Rules, 2004

Reported in : (2005)1GLR889

consignor to pay penal freight, unloading charges, detention charges in exercise of power under Section 73 of the Railways Act 1989 (hereinafter referred to as the 'Railways Act'). It has been stated in the said communication of demand notices … penalty for breach of any statutory enactment or statutory provisions. The aforesaid becomes apparent from the provisions of Section 83 of the Act, which authorises the Railways to exercise the right of lien for the freight or any

Union of India versus M/S Kamakhya Transport Pvt. Ltd. Etc. Etc.

Court : Supreme Court of India

Subject : Education

Reported in : [2025]7S.C.R.346

held that the Railway authorities could not have raised the demand notice after the delivery of goods. Headnotes† Railways Act, 1989 - s.66 - Power to require statement relating to the description of goods - Appellant raised demand notices … of India v. Megha Technical & Engineers Pvt. Limited3, whereby the Court had held that a demand under Section 83 of the Act has to be raised before delivery of the goods, to conclude that the Appellant could

ishwarbhai H. Parmar Vs. Union of India (Uoi) and ors.

Court : Central Administrative Tribunal CAT Ahmedabad

Subject : Land Acquisition

Reported in : (2005)(2)SLJ49CAT

Notwithstanding anything contained in Rule 125(1)(b), on the Central Government issuing an order under Section 71(1)(b) of the Railways Act, 1989 that goods specified in the order can be carried and charged by a route specified therein or by … respondent Railway Administration has been dismissed.The respondent Railway Administration can also take action against the consignor as per Section 83 of the Railway Act, 1989. When that remedy is available, departmental action should not be resorted to 3.

M/S. Sanwaria Steel Pvt. Ltd. Vs. Union of India

Court : Orissa

Subject : Criminal

Acts : Orissa Mineral (Prevention of Theft, Smuggling & Illegal Mining and Regulation of Possession, Storage, Trading & Transportation) Rules, 2007 - Rules 7, 9, 3; Code of Criminal Procedure (CrPC) - Sections 144, 145

1989). No wharfage will be levied on the consignment held by Railway administration on lien in terms of Section 83 of Railways Act, 1989. Calculation of free time has direct bearing on the goods stacked in goods sheds … levied on goods/consignment not removed from railway premises after the expiry of free time (Section VI of the Railways Act, 1989). No wharfage will be levied on the consignment held by Railway administration on lien in terms of Section