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A.N. Srinivasaka Nadar and Sons Vs. Union of India (Uoi) Owning Southe ...

Court : Chennai

Subject : Civil

Acts : Railway Claims Tribunal Act, 1987 - Sections 13(1); Railways Act, 1989 - Sections 65, 65(2) and 106

Reported in : (2004)2MLJ593

we are of the view that the same cannot be accepted. It is also relevant to note that Section 65 of the Railways Act, 1989 which speaks about railway receipt. Sub-section 2 of Section 65 shows that a … made a claim for short delivery of three bags and shortage of 29 kgs under Section 106 of the Railways Act, 1989 on the respondent under the original of Ex.A2, which was repudiated by the respondent under Ex.A3 giving rise

Sr. Divisional Commercial Manager Vs. Intelligence Officer

Court : Kerala

Subject : Sales Tax

Acts : Kerala General Sales Tax Act, 1963 - Sections 3, 3(1), 3(1A), 5, 27, 28, 29, 29(2), 29A, 29A(4), 30, 30(1), 30A, 30B, 30C, 30E, 31, 31A(2), 32, 45A, 45A(1) and 46; Railways Act, 1989 - Sections 61, 62, 64, 65, 66, 67, 74, 75, 80, 93 and 97; Kerala General Sales Tax Rules, 1963 - Rules 37 and 58; Constitution of India - Articles 226 and 227; Code of Civil Procedure (CPC) - Order 5, Rule 27; Railways Rules

Reported in : 2006(1)KLT834; (2007)8VST434(Ker)

agents under the Sales Tax Act. Carriage of goods by railway is dealt with in Chapter IX of the Railways Act, 1989. Section 61 states that every railway administration shall maintain, at each station and at such other places where goods … for carriage shall execute a forwarding note in such form as may be specified by the Central Government. Section 65 states that the railway administration shall in a case where the goods are to be loaded by a

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

lieu 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

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

provisions 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 … Station Master en-route to weight before delivery. He draw my attention towards the provisions of Sub-section (2) of Section 65 and submits that the railway receipt is the prima facie evidence of the weight and number of packages

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

not 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 … IRCM to the deprivation of the statutory right of the consignor and the consignee under the proviso to Section 65(2) of the Indian Railways Act.(ii) Further, in the present case, the writ petitioners were served with memo of

M/S Hindustan Petroleum Corporation Ltd. Vs. Union of India, Through G ...

Court : Mumbai Nagpur

Subject : MRTP

custody of the respondent for being its transported to Khapri, as required under proviso to Section 65 of the Railways Act, 1989, the claim for compensation was liable to be dismissed. Accordingly, the learned Technical Member by his order dated

M/S Hindustan Petroleum Corporation Ltd. Vs. Union of India, Through G ...

Court : Mumbai

Subject : MRTP

custody of the respondent for being its transported to Khapri, as required under proviso to Section 65 of the Railways Act, 1989, the claim for compensation was liable to be dismissed. Accordingly, the learned Technical Member by his order dated

Union of India (Uoi), South Central Railway and anr. Vs. V. Gavarraju ...

Court : Andhra Pradesh

Subject : Civil

Acts : Railways Act, 1989 - Sections 65(2)

Reported in : 2001(5)ALT539

did not choose to examine their officials. As pointed out, as per Sub-section (2) of Section 65 of the Railways Act, 1989, the railway receipt is a prima facie evidence of the weight and number of packages stated therein. The

Union of India Vs. Bharat Petroleum Corporation Ltd.

Court : Madhya Pradesh

Subject : Civil

Acts : Railways Act, 1989 - Sections 65; Railway Claims Tribunal Act, 1987 - Sections 18(2); Code of Civil Procedure (CPC), 1908; Evidence Act

Reported in : II(2002)ACC411; 2001(4)MPHT490

to prove what was actually loaded at their siding when the consignment was booked. Under Section 65 of the Railways Act, 1989 also the burden of proving the weight etc. of the consignment lies on the consignor or owner of

Union of India (Uoi) Vs. Roop Narayan and 19 ors.

Court : Rajasthan

Subject : Civil

Reported in : 1997(2)WLC455; 1997(1)WLN339

ordered to be paid since the claims had fallen within the exception Clause (f) of Section 93 of the Railways Act, 1989 as it was owing to the omission or negligence on the were of the consignor that the goods … accepted in the Railway. The concept of 'said to contain' has been accepted not only by proviso to Section 65 of the Railways Act but also by Rule 1529(b) of the Commercial Manual. The Tribunal was wholly unjustified