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1944 Supreme(Mad) 90

LEACH
M. Sheik Dawood Rowther – Appellant
Versus
South Indian Railway Co. Ltd. – Respondent


JUDGMENT

Leach, C.J.

1. For some time before 1st July 1941 - the exact period has not been disclosed to the Court - the South Indian Railway Company, Ltd., booked consignments of rice from stations on the companys line to Galle in Ceylon at a rate less than it had previously charged.. The new rate was known as the concession rate and was the only rate ruling in the month of June 1941. On the 15th of that month, the company cancelled the concession rate and reverted to the old rate as from 1st July 1941. The change was notified in the Local Rate Advice No. 6 of 1941, which was circulated to all stations on the companys system. In July 1941, the petitioner wished to consign two waggons of rice from Tanjore to Galle and five waggons of this commodity from Adhirampatnam to the same destination. Rice so consigned is carried over the South Indian Railway system to Dhanushkodi where it is shipped to Thalamannar and then. placed on the Ceylon Government Railway. The booking clerks at Tanjore and at Adhirampatnam accepted these consignments. Both of them forgot that the concession rate had been cancelled and consequently the consignments were accepted at the concession rate. The evidence of t














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