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Competition Success Review Vs. Union of India (Uoi) and anr.

Court : Delhi

Reported in : 2003VIIIAD(Delhi)442; 106(2003)DLT469; 2003(70)DRJ690

..... i below clause 139 of po guide part 1 1985 edition, as taking out of such pages may result in enquiries being made as to what was contained on those pages which the readers would be missing.the provisions of section 9 of the indian post office act, 1898 further require that the contents of the magazine should be wholly or for the greater part, consisting of political or other news. ..... the renewal is done under the provisions of section 9 of the indian post office act, 1898 read with rule 30 of the indian post office rules, 1933 and clauses 139 and 142 of the post office guide part-i.2. ..... this monthly publication is admittedly a 'newspaper' in terms of the indian post office act, 1898 and the rules made there under. ..... this clause 139, in essence, is an extension of what is provided in section 9 of the indian post office act, 1898. ..... none of the provisions of section 9 of the post office act, 1898 are infringed.23. ..... section 9 of the said post office act, 1898 reads as under:'9. ..... --the following is the definition given in the post office act of newspapers which may be registered and posted for transmission by the inland post, as 'registered newspapers'--'every publication, consisting wholly or in great part of political or other news or of articles relating thereto, or to other current topics, with or without advertisements, shall be deemed a newspaper, subject to the following conditions, namely : (1) that it is published in .....

Cesc Ltd. Vs. Chief Post Master General and ors.

Court : Supreme Court of India

..... the learned single judge by order dated 7.11.2000 had allowed the writ petition and held that the demand notice dated 10.9.1999 is contrary to section 11(2) of the indian post office act, 1898 (hereinafter referred to as the act) and remitted the matter with a direction to the postal authority to consider the representation of the company after giving it a hearing and with a further direction that, till the matter is decided, the entire deposit of rs.50 lacs as ..... the only question arising for consideration is whether the respondents have the authority and power under the indian post office act, 1898 or the post office guide or any other rule/guidelines to demand the alleged deficit amount of postage from the sender of the postal articles, after receiving the same from the sender without any objection to the deficit amount ..... we have heard the learned counsel for the parties and have carefully perused the indian post office act, 1898 and the post office guide as relied by them.22. ..... further according to the counsel for the postal authority, the post office guide is an administrative instruction issued to fill up gaps if any, in the indian post office rules and therefore it has a binding force. ..... the learned counsel for the postal authority referred to rule 17 of the indian post office rules, 1933 which defines book packets. .....

Ramachandra Narasimha Kulkarni Vs. State of Mysore

Court : Supreme Court of India

Reported in : AIR1964SC1701; 1964CriLJ609; (1964)2MysLJ(SC)51; [1964]7SCR606

..... 53 of the indian post office act, 1898 (act vi of 1898), hereinafter called the act, means. ..... turning now, for this purpose, to the indian post office act, we notice that s.53 which makes punishable the wilful detention or delay of a postal article by an officer of the post office in one of the several sections which create offences under this act. ..... 53 and 55 of the indian post office act and sentenced him to undergo two months' imprisonment on each charge. ..... 55 of the indian post office act but maintained his conviction under s. ..... 52 of the indian post office act for the theft of currency note and for secreting the registered articles had not been established and acquitted him of that charge. ..... 53 of the indian post office act. ..... 53 of the indian post office act. ..... 55 of the indian post office act. ..... 55 of the indian post office act. ..... section 48(c) provides that no suit or other legal proceed- ing shall be instituted against the government or any officer of the post office in respect of the payment of any money order being refused or delayed by, or on account of, any accidental neglect, omission or mistake by, or on the part of an officer of the post office, or for any other cause whatsoever, other than the fraud or wilful act or default such officer; and brings out effectively the contradistinction between wilful act or default of an officer and an act done on account of accidental neglect, omission or mistake. .....

Living Media India Limited and anr. Vs. Office of the Chief Postmater ...

Court : Delhi

Reported in : 140(2007)DLT228; 2007(96)DRJ583

..... in that decision the provisions of section 9 of the indian post office act, 1898 as well as clause 139 of the posts office guide, part-i were examined. ..... this writ petition is directed against the communication dated 08.11.2005 from the department of posts, office of the chief postmaster general, delhi circle, new delhi, whereby the petitioner was informed that the booklet containing the advertisement of toyota motor corporation in the form of a calendar, was neither a supplement nor part ..... the department of posts has denied permission to the reader's digest in respect of its december, 2005 issue inasmuch as the toyota multi-page advertisement was not regarded as part and parcel of the magazine (newspaper). ..... (ii) 'toyota calendar 2006' does not conform to the conditions prescribed in ddg (poandi) department of posts letter no. .....

Bhikajee Dadabhai and Company Vs. Commissioner of Income Tax

Court : Andhra Pradesh

Reported in : [1958]33ITR760(AP)

..... , (1) the sea customs act, 1878, (2) the land customs act, 1924, (3) the indian tariff act, 1934, (4) the central excises and salt act, 1944, and (5) the indian post office act, 1898, which were extended to the whole of india, except for the first four which were not extended to jammu and kashmir, saved those repealed provisions so as not to affect (a) the previous operation of the corresponding law, or ..... effect except for the purposes of the levy, assessment and collection of income-tax and super-tax in respect of any period not included in the previous year for the purposes of assessment under the indian income-tax act, 1922 (xi of 1922), for the year ending on the 31st day of march, 1951, of for any subsequent year, or, as the case may be, the levy, assessment and collection of the tax on profits of business ..... the order of the income-tax appellate tribunal dated december 17, 1953, under which it was held that section 40 of the hyderabad income-tax act ceased to have effect by virtue of section 13(1) of the indian finance act, the remedy of assessee being elsewhere, the assessee has also filed an application for the issue of a writ of certiorari quashing the order of the income-tax officer imposing penalty as being without jurisdiction or for any other appropriate writ.3. ..... that the income-tax officer did not have the power to impose a penalty under section 40(1) of the hyderabad income-tax act by virtue of the said provision having been repealed by the indian finance act, 1950. .....

The Managing Director, Apsrtc Vs. M. Kamalakumari and ors.

Court : Andhra Pradesh

Reported in : 2002(2)ALT180

..... if the collector or judge shall so direct, a notice may be sent by post, in a letter addressed to the person named therein at his last-known residence, address or place of business and registered under section 28 and 29 of the indian post office act, 1898, and service of it may be proved by the production of the addressee's receipt ..... ) are the authorities to state that the failure on the part of the land acquisition authorities in tendering 80% of the estimated compensation under section 17(3-a) of the act before taking over possession would not vitiate the land acquisition proceedings as such and despite that failure, the land would vest in the state. ..... service of notices : service of any notice under this act shall be made by delivering or tendering a copy thereof signed, in the case of a notice under section 4, by the officer therein mentioned, and, in the case of any other notice, by or by order of ..... we direct the land acquisition officer to pass appropriate award after issuing notices as envisaged under sections 9(3) and 10 and serving the same in accordance with the procedure envisaged under section 45 of the act, within a period of three months from the date of receipt of ..... ) that the state is guilty of practising an invidious discrimination by choosing the land of the petitioners; (iv) that the award enquiry notice was not served on the owners as envisaged under section 45 of the act and, therefore, the award passed by the land acquisition officer on 23.7.1991 is invalid. .....

Cesc Limited and anr. Vs. the Chief Post Master General and ors.

Court : Kolkata

Reported in : AIR2004Cal106,(2004)1CALLT362(HC),2004(2)CHN142

..... notice of demand dated september 10, 1999 was without any authority and the postal authority was not within its power or authority or jurisdiction to demand such amount from the cesc ltd, under the provisions of indian post office act, 1898. ..... for the purpose of communication in the year 1898 indian post office act (hereinafter referred to as the 'said act') came into force. ..... under the post office guidelines any bulk consumer under the indian post office act has been given an opportunity to use a franking machine by which the bulk consumers would not have to affix postage stamp on each postal article by purchasing it from post office and/or other outlets. ..... accordingly, rules framed which are called as indian post office rules (hereinafter referred to as the 'said rules'). ..... from the aforesaid discussion it is clear to us that under the postal guideline specially under paragraph 11.5 (xv) and 34 of the post office code read with section 12 of the said act of 1898 the post master general is the appropriate authority to take appropriate steps for recovery of the said dues. ..... hence, the postal authority through the post master general, west bengal circle was completely empowered under paragraph 11.5(xv) and 34 of the post office code read with section 12 of the said act of 1898 to recover the outstanding sum remaining due by the license being the cesc ltd. ..... as per section 12 of the post office act. .....

Radhakishan Vs. State of U.P.

Court : Supreme Court of India

Reported in : AIR1963SC822; (1963)IILLJ667SC; [1963]Supp(1)SCR408

..... the indian post office act, 1898 (vi of 1898), and in two of them, also for offences under sections 467 and 471 of the indian penal ..... indian post office act, 1898 (hereafter referred to as the act ..... of the post office act has been ..... since entrustment of the articles has not been established, the taking away of the articles by the appellant from the post office (if that is how he came by the articles) would be theft but it has not been found that he ..... regards the other point, that is, based on the fact that there were acknowledgements in respect of three letters in the post office we may point out that the existence of these acknowledgements would no more than raise a presumption that those articles were delivered ..... postal article addressed to some person the fact that it is retained in his possession by an officer of the post office in an almirah and that too for an inordinately long period would be tantamount to hiding that article ..... misra's contention that the act of an officer of the post office in being in possession of a postal article for an inordinate length of time has no significance and cannot justify the conclusion that he had ..... 3(a) of the act as follows : 'a postal article shall be deemed to be in course of transmission by post from the time of its being delivered to a post office to the time of its being delivered to the addressee or of its being returned to the sender or otherwise ..... that for an officer of the post office to be found guilty for any of the acts specified in .....

Government of India by Secretary to the Government of India, Post and ...

Court : Karnataka

Reported in : AIR1970Kant13; AIR1970Mys13; (1969)1MysLJ244

..... i: the contention urged by the learned central government pleader on behalf of the appellants was that the exclusive privilege of conveying by post of postal articles vested in the government of india under the indian post offices act, 1898, is a sovereign function and consequently no action lies against the union of india in respect of a tort committed by the servants of the postal department in the course of discharge of their duties, even assuming that defendant no. ..... the indian post office act, 1898. ..... 3 agreed to provide motor vehicle services for the daily transit, conveyance and delivery in bangalore of all postal articles, mail bags and postmen as defined in the indian post offices act, 1898. ..... 1 when he transported mail; in the alternative, the learned counsel submitted that under the indian post offices act, defendant no. ..... but where a contractor is employed for transporting postal articles from one post office to another or from the railway station to the post office and the contractor's driver by his negligence commits a tort, say, running over a man, the union government is not liable because that is a collateral negligence. 56. .....

Naba Mudran Pvt. Ltd. and ors. Vs. the Chief Post Master General and o ...

Court : Kolkata

Reported in : AIR2006Cal30,2006(3)CHN729

..... i am unable to agree with counsel for the petitioners that in view of provisions of the indian post office act, 1898, section 2(f), 3 and 10, postal authorities of this country are under a statutory obligation to accept and forward the bulk mails in question, ..... indian post office, act, 1898 do not cast any unqualified obligation or duty on the postal authorities; of this country to transmit the postal articles sought to be sent by the petitioners to various persons in the united kingdom on payment of postage at the rates declared for letter-post ..... the petitioners pay the difference between the amount of terminal and other dues that the foreign party (the actual sender) would pay, if it were to post the mails in the country where it has its office, and the amount of terminal and other dues payable on the basis of existing internal rates of this country, they shall not be granted any special ..... i am unable to agree with counsel for the petitioners that since it is his clients, and not their foreign client, who should be treated as the actual senders of the proposed letter-post items or that since the articles are sought to be mailed from a developing to a developed country, and not to a developing country, provisions of articles 43, 49 and 51 of the convention, 'and ..... portions whereof are: 'this is to confirm that unigef would like to produce in the region of 450,000 letters printed by your company and posted using the indian postal service between the 16th may and the 31st august. .....