SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2023 Supreme(All) 1391

SAURABH LAVANIA
Bharat Petroleum Corporation Ltd. Through Power Of Attorney – Appellant
Versus
Union Of India, Thro General Manager, Northern Railway – Respondent


Advocates Appeared:
For the Appellants : Sm Singh Royekwar, Mohammad Ehtesham Khan.
For the Respondents: Arun Kumar Verma, Neerav Chitravanshi, Mahendra Kumar Mishra, Anuj Dayal, Mrs. Suniti Sachan

Table of Content
1. the appeals are consolidated for a common decision on similar issues. (Para 1 , 2 , 3 , 4)
2. the factual basis for the claim is the loading conditions and absence of railway supervision. (Para 5 , 6 , 7 , 8 , 9)
3. evidence requirements emphasize burden on the consignor to establish proper loading. (Para 12 , 13 , 15 , 16)
4. the court prioritizes adherence to statutory provisions governing claims. (Para 21 , 22 , 23)
5. the appeals are ultimately dismissed. (Para 43 , 44)

JUDGMENT :

(Saurabh Lavania, J.)

1. As the issue involved in all these appeal(s), broadly, is similar as such with the consent of the learned counsel for the parties, the same are being decided by this common order.

2. Heard Sri M.E. Khan alongwith Sri Shashank Mishra, learned Counsel for the appellant and Sri Arun Kumar Verma as also Sri Mahendra Kumar Mishra, learned Counsel for the respondent-Railway.

3. All the appeal(s), indicated above, were filed by Bharat Petroleum Corporation Limited (in short "BPCL"), under Section 23 of The Railway Claims Tribunal Act, 1987 (in short "Act of 1987"), challeng

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top