single Bench held:
"The railways' right to impose the penalty for overloading under
Section 73 of the Act is subject to the right ... thereof to conditions of carriage, the power to charge for freight,
penalty for overloading and the exigencies attendant to the carriage of goods
freight rate subject to
satisfactory performance by the leaseholder, without any
penalty for overloading or violation of ay provision of the
contract."
10. That ... subject to satisfactory
performance by the lease holder, without any penalty
for overloading or violation of any provision of the
contract.
4. In case
conditions in
the said agreement which inter alia provided for
overloading and penalty, failure of the leaseholder to
Aswale 3/19
::: Uploaded ... five years.
9. Clause 15 of the contract deals with overloading and
penalty. Clause 15.1 provides that in case the overloading is
Aswale
conditions in
the said agreement which inter alia provided for
overloading and penalty, failure of the leaseholder to
Aswale 3/19
::: Uploaded ... five years.
9. Clause 15 of the contract deals with overloading and
penalty. Clause 15.1 provides that in case the overloading is
Aswale
part of the freight and the penalty is
determined as per the Rules of 2005, if any overloading is found in
the concerned wagon ... much more than the amount of the prescribed
penalty to be recovered because of the overloading of wagons.
21- Considering the other provisions on which
question the levy of
the penalty on the ground that they were not informed of the
overloading prior to the consignments being released. The
railways ... altogether scuttle such right by
making a claim on account of penalty for overloading at a time
when no meaningful request for weighment
subject to satisfactory performance
by the lease holder, without any penalty for overloading or
violation of any provision of the contract.
4. In case
subject to satisfactory
performance by the lease holder, without any penalty
for overloading or violation of any provision of the
contract.
4. In case
take instructions
regarding the willingness of the petitioner to pay the penalty for
overloading the vehicle. List on 3rd February, 2015.
(SMT. ABHILASHA KUMARI
take instructions
regarding the willingness of the petitioner to pay the penalty for
overloading the vehicle. List on 3rd February, 2015.
(SMT. ABHILASHA KUMARI
