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G. ANUPAMA CHAKRAVARTHY
Thakurji Enterprises – Appellant
Versus
Union of India – Respondent
G. Anupama Chakravarthy, J. – At the outset, it is relevant to mention here that a preliminary objection has been raised by the Learned counsel for the Railways that the matters have to be heard before the Division Bench as the petitioner have challenged Circulars of the Railway Board in the Writ petition. At this juncture, the Learned counsel for the petitioner submitted that they have made alternative prayers in these cases and, therefore, they intend to withdraw the prayer of quashing of the Circulars. Accordingly, the Learned counsel for the petitioner was directed to make an endorsement in the Writ petition, in which Circulars have been challenged, so as to enable this Court to further proceed in the matters. In view of the aforesaid, the petitioner has withdrawn the reliefs (a) and (b) of the Writ petition.
2. The petitioner has filed the instant application for the following reliefs: –
“(c) For issuance of a Writ in the nature of mandamus as directing respondents specially the respondent number 2 to 6 to refund the difference of penal demurrage charges recoverable from the petitioner as per the impugned rate Circular dated 18.03.2019 and 29.03.2019 to that recoverable in term
The imposition of Penal Demurrage Charges without adhering to required notice and publicity violates procedural fairness, necessitating recourse to the Railway Claims Tribunal.
The main legal point established in the judgment is that administrative instructions cannot override statutory rules, and the court declared that the circular could not override Rule 126(1)(b) of the....
The court emphasized strict adherence to statutory provisions and the necessity of relying on current circulars, ruling that the applicant was not entitled to the claimed freight concession.
Governmental directives cannot impede the contractual rights of private entities concerning detention and demurrage charges during lockdown, as per established legal and regulatory frameworks.
The distinction between 'overcharge' and 'illegal charge' is crucial; an overcharge is excess payment due to a mistake, while an illegal charge is impermissible by law.
The railway administration is not required to serve a notice to a party before weighment at a railway station enroute, and it has the right to reweigh any consignment without giving prior notice to t....
Recovery of undercharged freight must occur before delivery of goods; demands made post-delivery are invalid under Railways Act, 1989.
Unilateral deductions of demurrage charges from a contractor's bills are impermissible without proper determination of liability as per contractual obligations.
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