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1997 Supreme(Raj) 95

SHIV KUMAR SHARMA
Union of India (UOI) – Appellant
Versus
Roop Narayan – Respondent


Advocates Appeared:
M. Rafiq, for the Appellant
P.C. Gupta and A.K. Sharma, for the Respondents

Judgment

Shiv Kumar Sharma, J.-The core question which arises for consideration in all these 19 appeals is as to whether consignment booked under a “said to contain” railway receipt, amounts to admission on the part of the railway administration, that the said number of articles had in fact were loaded?

.2. This question has emerged in the following circumstances:

.(i) The claimants respondents (for short the claimants) had filed claim application before Railway claims Tribunal Jaipur Bench (for short the Tribunal) for short delivery of the number of bags of cotton seeds Husk mentioned in each application, on account of the negligence of the Railway. The Railway administration admitted booking particulars and issuance of short certificates but pleaded that the short certificates were issued without prejudice and the Railway Receipts bear the remark “said to contain and whatever loaded was delivered to the claimants at the destination.

.(ii) There was a difference of opinion between the two members of the Tribunal, therefore the matters were referred to third member (judicial), who concurred the earlier view expressed by member (judicial). Thus, the majority Judgment was delivered i










































































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