reweigh the goods en-route under Section 78 and Impose penalty for overloading on the consignee/endorsee under Section 73 , Mr. Sharma has also relied ... powers under Section 73 of the said Act can impose penalty in case of overloading of wagon is also not disputable
reweigh the goods en route under Section 78 and impose penalty for overloading on the consignee/endorsee under Section 73 , Mr. Sharma has also relied ... powers under Section 73 of the said Act can impose penalty in case of overloading of wagon is also not disputable
made to the consignee at the point of destination and no
penalty for overloading is raised before such delivery, it will not be open ... made to the consignee at the point of destination and
no penalty for overloading is raised before such delivery, it will not be
open
excess coal before the wagons reach its destination so that no overloading penalty is imposed on the petitioner by the railway authorities by taking recourse ... railways may carry the overloaded wagons or trucks to the destination and charge or recover, at the destination, penalty and other charges, the railways shall
punitive charge is not a matter of
option and the penalty for overloaded wagons is mandated by law, in all
contingencies where the railway wagons ... automatic imposition of penalty. It was further held that
imposition of penalty is a coercive measure and, therefore, the order of penalty
should
learned counsel for the respondent further submitted that a penalty
can be imposed only if overloading is proved; and to prove overloading, the
Railway must ... categorically lay down such a law. This
apart, penalty can be imposed only if overloading is proved and to prove
overloading, the railway must satisfy
Central Government had made rules for levying penalty which are known as the Railways (Punitive Charges for Overloading a Wagon) Rules, 1990.
8. From ... Railway to levy penalty in circumstances which have been provided for in the Railways (Punirive Charges for Overloading a Wagon) Rules, 1990. It is being
clearly provides that the punitive charge for overloading a
wagon may be recovered by way of penalty "before the delivery of the goods ... powers under Section 73 of the said Act can impose penalty in case of
overloading of wagon is also not disputable
goods and as such, the respondent/applicants are not liable to pay penalty charges so
imposed upon them. Thus, the Railway Claims Tribunal has rightly ... Court that the weighment taken is correct
and the penalty can be only if overloading is proved. Mere fact that the weighment has been
Page
dated 16.09.2011 issued
by the Railway authorities for levy of penalty on the overloaded Wagon.
3. Petitioners are aggrieved as it is submitted that there ... Overloading of Wagon) Rules,
2014 under which there is a procedure prescribed for levy of punitive charges
Page No.# 10/11
for overloading
