Judgment Search Results Home > Cases Phrase: indian post office act 1898 Page 4 of about 167,499 results (0.302 seconds)

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 ..... 4 branch and hence section 6 of the indian post office act, 1898 will not apply as there is fraud and wilful default on the part of the contingent postman (opposite ..... by the learned counsel for the appellants that section 6 of the indian post office act, 1898 is a bar to maintainability of the complaint. ..... the cover could not be traced and as the contingent employee fraudulently encashed the draft, we are satisfied that the opposite parties are not protected under section 6 of the indian post office act, 1898. 11. ..... (1993) cpj page 141 (nc), wherein the national commission held that the opposite party in that case was protected under section 6 of indian post office act, but that case does not relate to any fraudulent or wilful act on the part of any officer of the post office. ..... section 6 of the indian post office act read as follows: exemption from liability for loss,' ..... satisfied that the aforesaid decision has no application and the opposite parties 1 and 2 cannot take shelter under section 6 of the indian post office act. .....

In the Matter of Om Parkash Sharma, District Shimla, H.P Vs. the Chief ...

Court : Himachal Pradesh State Consumer Disputes Redressal Commission SCDRC Shimla

..... case has filed affidavit of shri nirmal singh, senior superintendent of post offices, hamirpur and placed reliance upon annexures r.1 to r.iii, which are copy of an extract of section 6 of the indian post office act, 1898; copy of registered letter which was sent to the officer-in-charge, admission cell, deans office, armed forces medical college, pune; and copy of letter dated 9.11.2004 addressed to the senior superintendent of post offices, hamirpur division, hamirpur by the superintendent of post offices, rampur bushahr division, rampur bushahr. 1. we have heard ..... . moreover, when this letter was received back by the sender then it was not received under protest and as per him postal authorities are also protected under section 6 of the indian post offices act, 1898 since no liability can be fastened upon them under section-6 relating to loss, delay and mis-delivery of the postal articles ..... this complaint was resisted by the opposite parties who had raised preliminary objections regarding maintainability of the complaint under section 6 of the indian post offices act, 1898 and status of the complainant as a consumer. 4. ..... . even the postal authorities are protected under section 6 of the indian post offices act, 1898, which is extracted hereinbelow:- 6 .....

Post Master and Others Vs. Chukka Appa Rao

Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

..... he also relied on section 6 of indian post offices act, 1898 and submitted that the government is not liable to pay compensation for loss of any article in course of transmission except when liability ..... cannot take umbrage of section 6 of indian post offices act, 1898 that they are not liable to pay compensation unless the article is lost due to the wilful default or negligence of any of its officers. 10. ..... pursuant to section 6 of indian post offices act, 1898, the government is not liable to pay compensation for loss of any postal article in course of transmission except which liability ..... not in dispute are that the complainant sent a registered letter from one of the post office of the second opposite party for serving on the complainants son who was studying in united ..... instalment of the loan and issued a demand draft for which sbi overseas branch, visakhapatnam issued a foreign currency draft and the same was sent on 28.3.2005 by registered post from the post office of 1st opposite party to the complainants son. ..... he further contended that as per clause 107(c) of post office guide part ii, the delivery of foreign letters/parcels in the country of destination is governed by the internal regulations ..... the contention of the opposite parties that the complaint is bad for non-joinder of united kingdom post authorities is unsustainable on the ground that the complainant had booked a registered letter with the opposite parties and paid the money to them and any link whatsoever which the .....

Kumari Meena Vs. Post Master, Sub Post Office Awagarh, District-etah, ...

Court : National Consumer Disputes Redressal Commission NCDRC

..... this, the state commission has wrongly applied the section 6 of the indian post office act, 1898 which provides that only if a willful act and fraud is proved against any employee of the post office, an order can be passed by consumer forum for deficiency in service caused ..... this being the undisputed factual position, section 6 of the indian post office act, 1898 which provides for exemption from liability for loss, misdelivery, delay or damage of a postal article will ..... wrong appreciation of facts and incorrect application of section 6 of the indian post office act, 1898 is perverse and cannot be sustained in the eye of law. ..... written statement filed by the op post office the plea regarding applicability of section 6 of the indian post office act to the present case was not taken ..... that she had deposited the cheque with ops no.1 and 2 on 20.01.2007 but because of carelessness and negligence on the part of the op post office, the cheque was not presented to the drawee bank within its validity and hence she could not get the money under the scheme of the ..... by reason of the loss, misdelivery or delay of, or damage to, any postal article in course of transmission by post, except in so 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.? 8. .....

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

Court : National Consumer Disputes Redressal Commission NCDRC

..... the petitioners in their written statement 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? ..... 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 be over sighted. ..... vide their order dated 3.1.2013, 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. ..... this section is equally applicable to the articles sent by speed post for which provisions have been made under indian post office rules, 1933 by inserting rule no.66b. ..... 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 the government in express terms. .....

Union of India Vs. Amitava Chakraborty

Court : Assam State Consumer Disputes Redressal Commission SCDRC Gauhati

..... indian post office act, 1898 makes provision for liability or otherwise of the post office for loss, misdelivery, delay or damage of the post articles ..... 14.8.1995 and two holidays on 13.8.1995 and 15.8.1995 being beyond control is sufficient ground for not being able to deliver the letter to the addressee at guwahati before 16.8.1995 and, therefore, the post office is protected by the provision of section 6 of the indian post office act, 1898. ..... award of the district forum is being against the specific provision of law as provided in section 6 of the indian post office act, 1898. ..... : the government shall not incur any liability by reasons of 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 office 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. ..... /complainant has not made any allegation that the delay in delivering the letter at guwahati was caused fraudulently, by wilful act or default in absence of any fraudulent, wilful act or default being proved in the transmission of the letter, the appellant cannot be held liable for the delay in ..... in brief is that the respondent/complainant posted one letter through speed post in the office of the appellant-post master, dhubri on 12.8.1995 to be .....

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

Court : Union Territory Consumer Disputes Redressal Commission UT Chandigarh

..... the learned counsel for 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 ..... for the appellant further contended that the government does not incur any liability under section 6 of the indian post offices act, 1898 which has been referred to above in the earlier part of our order. ..... he further alleged that once the remedy under indian post office act is specifically barred, the consumer forums cannot ..... disputes redressal commissioner, new delhi considered the provisions of section 6 of the indian post offices act in the case of the post master, imphal v. dr. ..... charges is contrary to the provisions of law as contained in section 6 of the indian post offices act. ..... the learned counsel for the appellant referred to clause 170 of the post office guide which has been reproduced in para 3 of the preliminary objections of the reply and which reads as under: clause 170 the head of the circle may grant compensation to the sender, or at his request to the addressee solely as an act of grace, and not in consequence of any legal liability compensation upto .....

Superintendent, Sub-post Office Vs. Madanchandra Gupta

Court : Madya Pradesh State Consumer Disputes Redressal Commission SCDRC Bhopal

..... learned counsel for the appellant has referred to section 6 of the indian post office act, 1898 which reads as follows: "6. ..... 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. ..... 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. ..... 1898 and rule 66b of the post office speed post rules. 4 ..... from the above it is clear that exception is only one and that is where an officer of the post office by reasoning of any such loss, misdelivery, delay or damage incurs the liability provided he has caused the same fraudulently or by his wilful act or default. ..... 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. ..... 000 were entrusted to the post office speed post. ..... the post office has to find who is negligent. .....

Sales Tax Officer, Kanpur and ors. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : JT1994(7)SC483; 1994(4)SCALE1011; 1995Supp(1)SCC410; [1994]Supp5SCR593; [1995]96STC602(SC)

..... -section (8) of section 28a, however, says that nothing contained in this section shall be construed to impose any obligation on any railway administration of railway servant of the post office or any officer of the post office, or to empower any search, detention or seizure of any goods while on a railway as defined in the indian railways act, 1890 or in a post office as defined in the indian post office act, 1898'.7 ..... virtue of section 8 of the general clauses act, 1898, we must read the reference to indian railways act, 1890 in sub-section (8) of section 28a of the uttar pradesh act as a reference to the 1989 act, after its enactment.)10 ..... defined by clause (4) of sect on 3 of the 1890 act in the following words:(4) 'railway' means a railway, or any portion of a railway, for the public carriage of passengers, animals or goods, and includes-(a) all land within the fences or other boundary-marks indicating the limits of the land appurtenant to a railway; (b) all lines of rails, sidings or branches worked over for the purpose of, or in connection with, a railway; (c) all stations, offices, warehouses, wharves, workshops, manufactories, fixed ..... in the said report, the officer stated that on july 18, 1985, he found on verification at the octroi post maintained by the municipal corporation, kanpur situated near ..... an .appreciation of this plea, we must notice the definition of 'railway' both in the indian railway act, 1890 as also in the railways act, 1989 which [has replaced tie 1890 act .....

Economic Transport Organisation Vs. Northland Engineering Industries a ...

Court : Union Territory Consumer Disputes Redressal Commission UT Chandigarh

..... 1 and 2 took the preliminary objection that the complaint was not maintainable against them in view of the specific provisions contained in section 6 of indian post office act, 1898. ..... jamini devi sagolband, reported in i (2000) cpj 28 (nc), the honble national commission considered the provision of section 6 of the indian post office act and held, inter alia, as under : the section very clearly lays down that the government shall not incur any liability by reason of the loss, mis-delivery or delay of or damage to any postal article in course of transmission by post, except in so far as such liability may in express terms be undertaken by the central government as provided by the statute and ..... section 6 of indian post office act reads as follows : the government shall not incur any liability by reasons of the loss, mis-delivery or delay or damage to, and postal article in course of transmission by post, except in so 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, mis-delivery, delay or damage, unless he has caused the same fraudulently or by his wilful act or default. 9. ..... post office and union of india through superintendent of post office were not protected from any action under the consumer protection act by the provisions contained under section 6 of the indian post office act. .....