https://www.taxtmi.com/caselaws?id=462440 Punitive charges for overloading under the Railways Act, 1989 are enforceable only before delivery of the consignment; after delivery, the railway administration cannot invoke lien under Section 83 to recover such charges. The commentary reads Sections 73, 78, 79 and 83 together and explains that the statutory power to levy penalty, and the corresponding right to detain goods as security for freight or other dues, operates as a pre-delivery mechanism. Once delivery has been made, a post-delivery demand for punitive charges is described as unsustainable. en-us Thu, 07 Mar 2013 00:00:00 +0530 Mon, 23 Jun 2025 19:18:31 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=462440 Punitive charges for overloading under the Railways Act, 1989 are enforceable only before delivery of the consignment; after delivery, the railway administration cannot invoke lien under Section 83 to recover such charges. The commentary reads Sections 73, 78, 79 and 83 together and explains that the statutory power to levy penalty, and the corresponding right to detain goods as security for freight or other dues, operates as a pre-delivery mechanism. Once delivery has been made, a post-delivery demand for punitive charges is described as unsustainable. Case-Laws Indian Laws Thu, 07 Mar 2013 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=462440