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1961 Supreme(Cal) 108

B.N.BANERJEE, S.K.NIYOGI
NIRANJAN LALL AGARWALLA – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
BHABESH NARAYAN BOSE, Kr.Majumdar, S.M.Majumdar Rewanta

BANERJEE, J.

( 1 ) ON June 9, 1945, the plaintiff appellant delivered 10 boxes containing umbrellas to the Railway Administration at Sealdah for carriage by railway to Coach Behar. The consignment was accepted by the railway administration and a Railway Receipt No. 868421, dated June 9, 1945, was issued in the name of the plaintiff. At the destination there was a shortage of 104 umbrellas detected and the delivery of the remaining boxes was made to the plaintiff with a certificate of shortage, dated July 20, 1945.

( 2 ) AGAIN on September 24, 1945, the plaintiff appellant delivered, in two consignments, 108 bales of piece goods to the railway administration at Sealdah for carriage by railway to Coochbehar. The consignment was accepted by the railway administration and Railway Receipt Nos. 701141 and 701142, both dated September 24, 1945, were issued in the name of the plaintiff. At the destination shortage of nine full bales and partial shortage in four bales were detected. Delivery of the two consignments was made to the plaintiff with a certificate of shortage, dated October 10, 1945.

( 3 ) ACCORDING to the plaintiff he suffered a loss of Rs. 1214/- in respect of the shortage















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