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DEVASHIS BARUAH
Assam Roofing Ltd. – Appellant
Versus
Union Of India – Respondent
JUDGMENT :
Heard Mr. K. P. Maheswari, the learned counsel appearing on behalf of the appellants. Also heard Mr. B. Sarma; Mr. B. K. Das; Mr. G. Goswami and Mr. K. K. Parashar, learned Standing Counsels, Railway Administration.
2. All the appeals raise a common question as to whether the Railway Claims Tribunal was justified in dismissing the claim applications being barred by limitation. The instant appeals arise out of orders dated 30.12.2020, 24.02.2021, 04.03.2021, 16.03.2021, 23.03.2021, 24.02.2021, 08.03.2021 and 19.03.2021. As all the appeals raise the same question of law and predominantly on similar facts; this Court, by this common judgment proposes to dispose of all the appeals.
3. Before going into the merits of each of the appeal, this Court would like to take into account the Preamble, Objects and Reasons as well as the some provisions of the Railway Claims Tribunal Act, 1987 (for short, the Act of 1987).
4. The Preamble of the Act of 1987 reads as follows:-
An Act to provide for the establishment of a Railway Claims Tribunal for inquiring into and determining claims
Point of Law : Concept of reasonableness dictates that courts even while taking liberal approach must weigh in rights and obligations of both parties thereby when a right has accrued in favour of one....
claim on account of impersonal machinery and inherited bureaucratic methodology of making several notes cannot be accepted in view of the modern technologies being used and available. The law of limi....
Point of law: claim on account of impersonal machinery and inherited bureaucratic methodology of making several notes cannot be accepted in view of the modern technologies being used and available. T....
The principle that the law of limitation must be strictly adhered to, and that the burden of proving sufficient cause for condonation of delay lies with the appellant, is crucial in ensuring timely j....
The main legal point established in the judgment is the importance of diligence in prosecuting legal actions and the application of limitation laws to prevent stale claims and compel litigants to be ....
The court emphasized the importance of introducing the concept of reasonableness while giving the clause 'sufficient cause' a liberal interpretation and highlighted the need to distinguish cases wher....
Section 173 provides that, any person aggrieved by the award passed by the Tribunal may approach the High Court within ninety days. However, the second proviso states that the High Court “may” still ....
The main legal point established in the judgment is the application of the principles of condonation of delay under Section 17(2) of the Railway Claims Tribunal Act, 1987, and the need for a liberal,....
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