Judgment Search Results Home > Cases Phrase: indian post office act 1898 chapter vii undelivered postal articles Page 1 of about 149 results (0.145 seconds)

Deoneria Cold Storage and Ice Factory Vs. Commissioner of Income-tax a ...

Court : Allahabad

Reported in : (2003)184CTR(All)39; [2003]260ITR315(All)

..... section 3(a) of the indian post office act, 1898, states :'(a) 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 disposed of under chapter vii.'11. ..... ia under the scheme by postal certificate dated january 22, 1999, it should be presumed that it was received in the office of the designated authority in a day or two. ..... had the petitioner sent the letter by postal certificate on january 22, 1999, it would have reached the office of respondent no. ..... moreover, there is a difference between sending a letter by registered post and postal certificate. ..... however, the petitioner received the impugned order dated may 4, 1999, stating that the petitioner's application under the aforesaid scheme had been rejected as the same was received in the office of the commissioner of income-tax, agra, on february 5, 1999, i.e. ..... he submitted that the scheme does not contemplate that the declaration must be received in the office of the designated authority on or before january 31, 1999.7. ..... it is also a matter of common knowledge that postal certificates can easily be manufactured with an ante-dated date and hence no reliance can be placed on the same.12. ..... the above provision clearly indicates that merely by posting a letter it does not amount to making a declaration to the designated authority under section 88 of the finance (no. .....

Ramachandra Narasimha Kulkarni Vs. State of Mysore

Court : Supreme Court of India

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

..... 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. ..... 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 ..... 53 and 55 of the indian post office act and sentenced him to undergo two months' imprisonment on each ..... 55 of the indian post office act but maintained his conviction under ..... of the indian post office act. ..... of the indian post office act. ..... of the indian post office act. ..... of the indian post office act. ..... 53 which reads: .lm15 "whoever, being an officer of the post office, contrary to his duty, opens, or causes or suffers to be opened, any postal article in course of transmission by post, or wilfully detains or delayed or causes or suffers to be detained or delayed, any such postal article, shall be punishable with imprisonment for a term which may extend to two years, or with fine or with both: provided that nothing in this section shall extend to the opening, detaining or delaying of any postal article under the authority of this act or in obedience to the order in writing of ..... 53 of the indian post office act, 1898 (act vi of 1898), hereinafter called the act, means. ..... l/p(d)isci-20 to 56 and 58 to 70, all in chapter x of the act. ..... 52) than of many other offences in this chapter. .....

Mohamed Zafrul Islam Vs. Birendra Lall

Court : Mumbai

Reported in : AIR1965Bom120; (1964)66BOMLR767; 1965MhLJ124

..... (9) having regard to the above scheme of the indian post office act, it is obvious that in connection with the work of accepting postal articles for transmission from place to place, the central government charges postage at the rates fixed under schedule i. ..... (8) in connection with the maintenance of post offices, the indian post office act, 1898, was enacted. ..... '(12) as i have already stated, the department of posts and telegraphs cannot, having regard to the scheme of the indian post office act, be held to be carrying on any business or commercial activity as such. ..... before referring to the indian post office act, it may be stated that the word 'business' has been dealt with in different authorities in connection with different statutory provisions. ..... the conclusions that i have arrived at are solely based on the provisions in the indian post office act. ..... this reason that provisions like prohibition for carrying certain types of goods and for collecting customs duty and provisions for penalties, offences and procedure to be adopted in this connection were made part of the indian post office act. ..... sarobji has mainly relied upon the provisions in the indian post office act, 1898, and similar provisions in the english act and some decisions of the english courts relating to the functions discharged by the posts and telegraphs department. ..... chapter x of the act containing section 49 to 72 provides for penalties and procedure relating to offences mentioned in the act. .....

NitIn Rashmikant Kantawala Vs. Union of India and Others

Court : Supreme Court of India

Reported in : AIR1997SC892; JT1997(2)SC645; 1997(2)SCALE11; (1997)4SCC72; [1997]1SCR740; 1997(1)LC532(SC)

..... writ petition relates to the enforcement of the 'delivery to mail order 1991' (hereinafter referred to as 'the 1991 order') issued by the director general of posts and telegraphs in exercise of the powers conferred by sub-section (3) of section 21 of the indian post office act, 1898 (hereinafter referred to as 'the act') vide notification dated may 29, 1991. ..... the authorised official from the post office would be sent to the premises within 7 days of receipt of the application to report on whether post boxes could be fixed on the ground floor or find out a via media of installation of a community box for delivery of postal articles to an authorised person which could be the caretaker of ..... department has proposed the following guidelines for exercising the power to relax delivery of postal articles under the 1996 order for existing buildings as per clause 4 of the said order:proposed guidelines for exercising the powers to relax delivery of postal articles order 1995 for existing buildings as provided for in rule of the above cited ..... the committee made the following recommendations:chapter 5 : recommendations:5.1 considering all the aspects of the mail box scheme and the objections of the citizens particularly on the ground of lack of space for putting up mail boxes and appreciating the merits of the scheme, the committee makes the following recommendations:5.2 the postal authorities may undertake rigorous campaign to create awareness among the citizens regarding the usefulness of .....

All India Reporter Limited Vs. State of Maharashtra and Others

Court : Mumbai

Reported in : [1981]131ITR16a(Bom); (1983)IILLJ387Bom

..... 9 of the indian post offices act, 1898, and are transmitted by post as 'registered post', as contemplated by rule 30 of the indian post offices rules, 1933.4. ..... moreover, the benefit derived by way of concession in postage by registering the periodicals as newspapers under the indian post office act ensures to the benefit of the subscribers because the price is exclusive of postage, which has to be borne by the subscriber. ..... as mentioned above, the law reports mostly contain the judgments delivered by the supreme court of india and various high courts and other tribunals, articles on legal topics, reviews of law books and some advertisements, almost exclusively relating to law books published by various law publications.10. ..... clause (a) of sub-rule (1) of rule 30 requires that the newspapers shall have to be registered in the officer of the post master general or the officer exercising powers of the post master general of the postal circle in which the newspaper is published. ..... 55 of 1955 with effect from 1st july, 1957 and chapter v-a, which deals with registration of newspapers, was inserted, there was no provision in the act which required registration. ..... 39 of list 3 of the vii schedule of the constitution, which relates to 'newspapers, books and printing presses', and observed that the framers of the constitution intended to convey two different meanings to the expressions 'newspapers' and 'books'. .....

Debananda Dora Vs. Union of India (Uoi) and ors.

Court : Orissa

Reported in : AIR1965Ori118

..... indian post office act was passed by the same legislature in 1898 (eight years later) and if the intention of the legislature was that there was contractual relationship between the postal department on the one hand and the person who transmits a package by post, on the other, they would surely have inserted an appropriate provision on the lines of section 72 of the indian railways act ..... post offices act the post office is bound to pay compensation not exceeding the amount for which the postal article has been insured, to the sender thereof for the loss of the postal article or its contents or for damage caused to it in the course of its transmission by post ..... any liability by reason of loss or delay or damage to any postal article, in the course of its transmission by post, except in so far as in express terms that liability is undertaken by government as provided in the succeeding sections of that act: and no officer of the post office shall incur any liability unless he has caused the same frandulently or by his wilful act or default.though postage is not expressly defined as revenue', nevertheless the ..... postal authorities have extensive police powers of opening and examining any packet and withholding delivery of certain articles transmitted by post, including, in extreme cases, destruction of the same or handing them over to the customs authorities--see sections 23, 24, 24(a), 25 and 26--they are also subject to heavy penalties prescribed in chapter x of the act, for certain acts .....

All India Reporter Ltd. Vs. State of Maharashtra and ors.

Court : Mumbai

Reported in : AIR1983Bom201; 1983LabIC789; (1983)IILLJ387Bom

..... by the petitioner), however, are registered as newspapers under section 9 of the indian post office act, 1898, and are transmitted by post as 'registered post', as contemplated by rule 30 of the indian post offices rules, 1933.4. ..... moreover, the benefit derived by way of concession in postage by registering the periodicals as newspapers under the indian post officer act enures to the benefit of the subscribers because the price is exclusive of postage, which has to be borne ..... an admitted fact that the periodicals published by the petitioner are registered as newspapers under section 9 of the indian post office act and are provided with the facility of being transmitted by post as 'registered newspapers' as contemplated by sub-rule (1) of rule 30 of the indian post office rules. ..... sub-rule (1) of rule 30 requires that the newspapers shall have to be registered in the office of the post master general or the officer exercising powers of the post master general of the postal circle in which the newspaper is published. ..... the law reports mostly contain the judgments delivered by the supreme courts and other tribunals, articles on legal topics, reviews of law books and some advertisements. ..... was established in 1922, but the law reports published by the petitioner were not registered as newspapers under the press and registration of books act, 1867, till 1957 and chapter v-a, which deals with registration of newspapers, was inserted, there was no provision in the act which required registration. .....

Union of India (Uoi) Vs. Firm Ram Gopal Hukum Chand and ors.

Court : Allahabad

Reported in : AIR1960All672

..... nihal chand : air1951all617 in which he held that when the post office accepts a value payable postal article it enters into a contract with the sender to deliver that article only against payment by the addressee of the sura specified by the sender and the proviso to section 34 of the post office act does not absolve the post office from liability to pay damages if in contravention of its contract, it neglects to collect the specified sum on delivery.his lordship expressly stated that he agreed ..... three sentences the court enunciated the principle of the contractual liability of the post office : 'the post office, in order to meet the requirements of traders and others who wish to recover the value of articles supplied by them, undertakes, on payment of certain fees, to act as their agents for the collection of the money (see rule 130, indian postal guide). ..... argument of 'no liability' is negatived by the very statement of objects and reasons of the post office act of 1898 which runs thus :'it (the bill) includes within its scope postal insurance, the value payable post, and the post office money order system and declares and limits the liability of the government in respect of ..... he decreed the suit on the ground that the post office 'cannot be absolved from its general liability under the contract act to pay the price or damages of the value payable article in question, if it neglected to return it to the plaintiff as undelivered or to collect its price on its delivery to .....

Sr. Supdt. of Post Offices Nit, Faridabad and Another Vs. Mahabir Pras ...

Court : National Consumer Disputes Redressal Commission NCDRC

..... before the district consumer disputes redressal forum, faridabad (short, district forum) took preliminary objections that : under section 6 of the indian post office act, 1898? ..... equally applicable to the articles sent by speed post for which provisions have been made under indian post office rules, 1933 by inserting ..... the section 6 of ipo act, 1898 is reproduced as under: exemption from liability for loss, misdelivery, delay or damage: section-6 exempts post office from any liability for loss misdelivery or delay of, or damage to any postal article in course of transmission by post, except as the liability may be undertaken by ..... state commission observed that ; in support of his arguments, learned counsel for the appellants-opposite parties referred to section 6 read with rule 66-b of the post office act, 1898 which is reproduced as under :- the govt. ..... liability of the opposite parties is limited to pay compensation as admissible under the rules for loss of article or rs.1,000/- whichever is less, is not genuine excuse as the opposite parties have tried to absolve themselves from their liability by taking shelter of section 6 of the indian post office act, 1989 and the provisions of the indian post office rules 1933 and rule 66b of the post office act and as such the deficiency of service of the opposite parties in the instant case is not to ..... said postman did not deliver the article to shri manoj kumar (other than the addressee) and returned it as undelivered to the concerned p.a. .....

Union of India (Uoi) Vs. the New Vijay Weaving Works

Court : Gujarat

Reported in : (1974)15GLR322

..... an interesting question which arises to be determined in this revision application is how far the government of india is exempt from the liability arising out of loss, misdelivery or delay of or damage to any postal article in course of transmission by post, resulting from fraud or wilful act or default of an officer of the post office in view of the provisions contained in section 6 of the indian post office act, 1898 which is hereinafter referred to as 'the act.'2. ..... 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 disposed of under chapter vii;(b) the delivery of a postal article of any description to a postman or other person authorized to receive postal articles of that description for the post shall be deemed to be a delivery to a post office;the expression 'officer of the post office' which is found used in section 6 is defined in section 2(e) as under:the expression 'officer of the post office' includes any person employed in any business of the post office or on behalf of the post office.sections 28 and 29 of act are with regard to registration of postal articles. .....