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Judgment Search Results Home > Cases Phrase: indian post office act 1898 section 34 transmission by post of value payable postal articles Page 1 of about 101 results (0.161 seconds)

May 28 2009 (HC)

Neena Chaturvedi Vs. Public Service Commissioner

Court : Allahabad

Reported in : 2009(4)AWC3302

..... since the postal service constituted under the provisions of indian post office act, 1898 is entrusted public service and stood test of time, therefore, having regard to the facts that the questions involved in the case have wide impact upon the large public interest touching the fundamental rights of the candidates under articles 16 and 21 of the constitution of india, an authoritative decision is required to be rendered by full bench of this court comprising of atleast three or more than three judges so that ..... reference was made to section 34 of the indian post office act, 1898 and it was claimed that said provision absolved the union of india from ..... it was observed by this court that according to the course of business usage in general which has to be considered as a part of the surrounding circumstances the parties must have intended that the cheques should be sent by post which is the usual and normal mode of transmission and therefore the posting of cheques in delhi amounted to payment in delhi to the post office which was constituted the agent of the assessee. ..... 1,606-8-0 from union of india (postal and telegraph department) alleging that during the period from august 31, 1949 to september 17, 1949 the plaintiff dispatched from the moradabad city post office thirty value-payable parcels to addressees in lahore and rawalpindi in pakistan, and they received the articles and paid the entire amount payable, but the defendant union of india failed to pay the sum to the .....

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Aug 27 2001 (TRI)

Senior Supdt. of Post Office Vs. K.S. Yadav

Court : Union Territory Consumer Disputes Redressal Commission UT Chandigarh

..... the appellant has relied on the section 6 of the indian post offices act, 1898, which reads as under : the government shall not incur any liability by reasons of late, misdelivery or delay or damage to any postal article in course of transmission by post except insofar as such liability may in express terms be undertaken by central government as hereinafter provided and no officer of the post office shall incur any liability by reasons of any such loss, misdelivery, delay or damage unless he had caused the same fraudulently or by his wilful act or default. 9. the learned ..... learned counsel for the appellant, the provisions of clause 182 of the post office guide may be referred to, which runs as under : clause 182 compensation will be payable to the sender of an insured postal article not exceeding the amount for which the article has been insured, for the loss of the postal article or any of its contents, or for damage caused to it in course of transmission by post, provided that the compensation in no case exceeds the value of the article or any of its contents lost or the amount of the damage .....

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Oct 18 1979 (SC)

Union of India (Uoi) Vs. Mohd. Nazim

Court : Supreme Court of India

Reported in : AIR1980SC431; (1980)1SCC284; [1980]1SCR968; 1979(11)LC907(SC)

..... has been received from the addressee.explanation :-postal articles sent in accordance with the provisions of this section may be described as 'value payable' postal articles.it was further contended in the written statement that the plaintiff's claim, made for the first time on october 22, 1950 which was beyond one year from the date of the booking of the value-payable articles, was not admissible under rule 102 of the rules framed under the indian post office act which fixed a time-limit of one year ..... 'from the date of the posting of the articles' for making such claims.3. ..... postage required to avail of the postal services has been defined in section 2(f) of the indian post office act as 'the duty chargeable for the transmission by post of postal articles'. ..... reference was made to section 34 of the indian post office article, 1898 and it was claimed that the said provision absolved the union of india from liability. .....

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Oct 27 1970 (SC)

Union of India (Uoi) Vs. Sohanlal Sampatlal

Court : Supreme Court of India

Reported in : AIR1971SC432; [1971]41CompCas136(SC); (1970)3SCC165; [1971]2SCR706

..... its liability for the claim on the ground that under section 6 of the indian post office act, 1898, hereinafter called the 'act', read with rule 81(g) of the rules framed thereunder, its liability could arise only if the plaintiff had declared the actual value of the contents on the date of the insurance. ..... section 33 is in the following terms :subject to such conditions, and restrictions as the central government may, by rule, prescribe the central government shall be liable to pay compensation, not exceeding the amount for which a postal article has been insured, to the sender thereof for the loss of the postal article or its contents; or for any damage caused to it in course of transmission by post :provided that the compensation so payable shall in no case exceed the value of the article lost or the amount of the ..... rule 81 the compensation payable to the sender of an insured article shall not exceed the amount for which the article has been insured for the loss of the postal article or any of its ..... section 30 provides for insurance of postal articles ..... not been proved by the union of india that the value declared by the plaintiffs on june 16, 1955 was not the actual market value of the gold delivered by the plaintiffs for transmission by means of a postal parcel the plaintiffs were entitled to a decree for rs. ..... the rules deals with insurance of postal articles. ..... of any article in the course of transmission by post except in so far as such liability may in express terms be undertaken .....

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Sep 16 1994 (HC)

Mahabirprasad S. Deora and Etc. Vs. Union of India and Others

Court : Mumbai

Reported in : AIR1995Bom142; 1995(3)BomCR640; 1996(1)MhLj1013

..... both these petitions filed under article 226 of the constitution, can be conveniently disposed of by common judgment as the challenge in both the petitions is to the validity of the notification dated may 29, 1991 issued by the director general in exercise of powers conferred under sub-section (3) of section 21 of the indian post office act, 1898.by notification, the director general made the order to be called as 'delivery of mail order 1991' and the order is to apply to delivery of unregistered mail of the classes specified in the order. ..... the said section sets out that for the purposes of the act, the delivery of a postal article at the house or office of the addressee, or to the addressee or his servant or agent or other person considered to be authorised to receive the article according to the usual manner of delivering postal articles to the addressee, shall be deemed to be delivered to the addressee. ..... state of uttar pradesh, to urge that the expression 'in course' of transmission by post' would cover even the postal articles which were delivered in mutilated condition. ..... the magnitude and complexity of the tasks involved in the collection, transmission and delivery of mail can be understoodfrom the aforesaid data and the difficulties of postal department in ensuring prompt and quick delivery of mail have been compounded by large-scale urbanisation, with proliferation of not only new housing settlements and colonies and thousands of high-rise and multi-storeyed buildings, .....

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Jan 30 2001 (HC)

Union Government of India and ors. Vs. Rajamohan

Court : Chennai

Reported in : AIR2001Mad172; (2001)1MLJ586

..... the plaintiff has not resorted to the remedy as envisaged under rules 101 and 102 of the indian post office rules and as such as per section 34 of the indian post office act, the government shall not incur any liability, unless and until the sum under value payable postal articles have been received from the addressees. ..... which reads as under : 'transmission by post of value payable postal articles: the central government may, by notification in the official gazette, direct that subject to the other provisions of this act and to the payment of fees at such rates as may be fixed by the notification, a sum of money specified is writing at the time of posting by the sender of a postal article shall be recoverable on the delivery thereof from the addressee, and that the sum, so recovered, shall be paid to the sender: provided that the central government shall not incur ..... the defence taken by the post office was, by some mistake of a clerk in the post office, the parcel was delivered to and accepted by the addressee without its value being collected from him and liability is disclaimed as regards the insurance because the article was duly delivered and as regards the non collection of its value under the proviso to section 34 of the indian post office act, 1898. .....

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Jul 08 1997 (TRI)

Union of India and Another Vs. D. Venkaiah and Others

Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

..... 4 and hence there is no deficiency in service on the part of the opposite parties 1 and 2 and that section 6 of the indian post office act, 1898 is a bar to maintainability of the complaint and as per the provisions of clauses 184 and 172 of schedule ii of post office guide part-i the registered letter in which demand draft was sent by the complainant is compulsorily insurable, and as the complainant did not insure the cover, the opposite parties 1 and 2 are not liable to pay ..... appellant invited our attention to clause 182 which says that to the sender of insured postal article, compensation will be paid only not exceeding the amount for which the article is insured for the loss of postal article or any of its contents or for any damage caused to it in the course of transmission by post, provided that the compensation in no case exceeds the value of article or any of its contents lost, and that no compensation is payable where the insured article contains government currency notes/bank notes etc. ..... "the government shall not incur any liability by reason of the loss, misdelivery or delay of, or damage to any postal article in course of transmission by post, except inso-far as such liability may in express terms be undertaken by the central government as hereinafter provided, and no officer of the post office shall incur any liability by reason of any such loss, misdelivery, delay or damage unless he has caused the same fraudulently or by his wilful act or default." 10. .....

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Jul 05 2011 (TRI)

Superintendent, Sub-post Office Vs. Madanchandra Gupta

Court : Madya Pradesh State Consumer Disputes Redressal Commission SCDRC Bhopal

..... the post office has denied any liability for non delivery of the postal article and referred to the exemption granted by section 6 of the indian post office act. ..... rule 66b of post office speed post rules read as follows: in case of any delay of domestic speed post articles beyond the norms determined by the department of post from time-to-time, the compensation to be provided shall be equal to the composite speed post charge paid. ..... chandra shekhar pandey, which deals with non-delivery of the postal article as wilful act and deliberate and intentional negligence when it was not delivered. ..... exemption from liability for loss, misdelivery, delay or damage the government shall not incur any liability by reason of the loss, misdelivery or delay of or damage to, any postal article in course of transmission by post, except insofar as such liability may in express terms be undertaken by the central government as hereinafter provided and no officer of the post office shall incur any liability by reason of any such loss, misdelivery, delay or damage, unless he has caused the same fraudulently or by his wilful act or default. ..... 224/2008 whereby for non -delivery of a postal article, the district forum has directed to refund charged rs ..... learned counsel for the appellant has referred to section 6 of the indian post office act, 1898 which reads as follows: "6. ..... 50 are payable. 6. ..... in short, the facts of the case are that on 16.10.2007 a speed post envelope containing two drafts of the value of rs. .....

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Sep 29 1904 (PC)

Mothu Rangaya Chetty Vs. the Secretary of State for India in Council

Court : Chennai

Reported in : (1905)15MLJ226

..... is that by some mistake of a clerk in the post office the parcel was delivered to and accepted by the addressee without its value being collected from him, and liability is disclaimed as regards the insurance because the article was duly delivered and as regards the non-collection of its value under the proviso to section 34 of the indian post office act, 1898. ..... was brought to recover from the secretary of state for india in council the value of the jewellery as the post office would neither pay the money nor return the article to the plaintiff. ..... the post-master of the kotwal chavady post office, trichinopoly for transmission to one krishna chetty at colombo, ceylon, as a value payable article. ..... the post office is bound by contract to collect the money when it delivers the article. ..... the effect of the proviso is that the post office does not guarantee the collection of the money, but it does not absolve it from the common law liability to pay damages for delivering the parcel without collecting ..... paid the fees and obtained receipts and the post office took charge of the parcel.2. ..... if the post office for any reason neglects to collect the money as agreed to by it for consideration, it has committed a breach of contract and is liable to ..... 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 the payment of certain fees to act as their agents for the collection of money (see rule 130, indian postal .....

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May 04 2012 (TRI)

M. Thirunavukkarasu Vs. Union of India Rep by the Director of Postal S ...

Court : Central Administrative Tribunal CAT Madras

..... the applicant has been charge sheeted for the offence committed under section 409, 467 and 471 of ipc read with section 52 of (the indian) post office act, 1898. ..... 07/12/99 5000 -do- 5 51bb902966 640 07/12/99 5000 -do- 6 51bb936412 715 18.04.00 5000 -do- 7 67cc223398 715 18.04.00 10000 -do- 8 67cc223399 715 18.04.00 10000 -do- 9 67cc223409 726 16.05.00 10000 -do- 10 67cc223410 726 16.05.00 10000 -do- 11 67cc223411 726 16.05.00 10000 -do- 12 67cc267032 741 03/07/00 10000 -do- 13 67cc267033 741 03/07/00 10000 -do- according to the article iii of the said charge memo, the applicant fraudulently closed the mis accounts 5298 and 5299 of the deceased depositor shri g.ramasamy on 31.12.05 by committing forgery and took the amount of rs.60,000/- himself and further ..... and no.2 is mr.a.rosapoo, peon, which reads as under:- on 22.09.2005 one tmt.poorni, w/o r.vijayan along with small savings agent tmt.jayalakshmi came to the sub-post office, konganapuram and invested rupees one lakhs and opened 2 one year term deposit to the value of rupees fifty thousand each accused no.1 who was the sub-post master received rs.one lakh from the said tmt.poorni and opened two one year deposit accounts to the .....

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