Wagon) Rules, 2007, the railways are entitled to levy only penalty for overloading. Even assuming that there was overloading of wagons as contended ... lessees of those VPU/H and neither they declared the overload nor paid penalty amount to 17.17 laks approximately which was the wrongful loss caused
very clear that the petitioners should have satisfactory performance, without any penalty for overloading or violation of any provision of the Contract, even if there ... freight rate subject to satisfactory performance by the leaseholder, without any penalty for overloading or violation of any provision of the contract."
Clause
been asked to pay the penalty amount for the alleged overloading
detected on account of an in-motion reweighment done by the Railways
under Section ... Undoubtedly, when the consignee has
been asked to pay the penalty amount for overloading, detected on
account of an in-motion reweighment done
appellant violated the various provisions of the agreement and allowed overloading for which penalty was imposed and the same was deposited. The learned single Judge ... freight rate subject to satisfactory performance by the leaseholder, without any penalty for overloading or violation of any provision of the contract
appellant violated the various provisions of the agreement and allowed overloading for which penalty was imposed and the same was deposited. The learned single Judge ... freight rate subject to satisfactory performance by the leaseholder, without any penalty for overloading or violation of any provision of the contract
Railways, but is aggrieved by the imposition of penalty and additional charges for overloading.
41. The case of petitioner if at all only falls under ... rules are unreasonably fixed, but the challenge is to imposition of penalty on disputed facts.
42. The authority with the learned Tribunal is only
cases, overloading is detected. Further, it is not the contentions put forth on the side of the revision petitioners that no overloading has been done ... revision petitioners and Railway Authority, wherein only penalty provision is available in cases of overloading and no clause is available with regard to initiation
admitted that in the Tahsildhar
office, penalty was imposed. The contention of the workman that only for
overloading, the vehicle was seized is not correct ... Supply
Officer, Pudukkottai and a penalty has been levied. According to the
workman, the penalty was imposed only for overloading. If it is a case
basis. The Railways in order to ensure that the wagons are not overloaded,
were doing weighment of most of the rakes at Railway Weigh Bridge ... freight) penalty. This has
resulted the payment of heavy penalty for wagon wrongly shown to have
http://www.judis.nic.in
9
been overloaded
that for such unauthorized use of overload, he was liable to penalties including the disconnection of the service connection.
4. The learned Trial Judge, after ... second appeal challenging the show cause notice issued levying penalty for the alleged drawl of overload. The order refusing service connection was challenged before this
