Union of India v. M/s. Sobhraj Bhag Chand - 1980 Supreme(Online)(All) 12

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1980 Supreme(Online)(All) 12

ALLAHABAD HIGH COURT
A, J
Union of India v. M/s. Sobhraj Bhag Chand

Advocates:
For the Appellants/Petitioners: Sri D. Sanyal
For the Respondents: None

Table of Content
1. details of the defendant's appeal and the case background. (Para 1 , 2)
2. arguments on negligence and lack of disclosure. (Para 3 , 5 , 7)
3. court's analysis of evidence regarding negligence and legal obligations. (Para 4 , 6 , 8 , 10)
4. emphasis on the necessity of notifying the consignee prior to auction. (Para 9)
5. conclusion of the court to dismiss the appeal. (Para 12)

1. This is a defendant's second appeal against the judgement and decree passed by the Additional District Judge, Kanpur on 15-3-1971 in Civil Appeal No. 330 of 1966 affirming the decree of the plaintiff for recovery of Rs. 4335.55 passed by the II Civil Judge, Kanpur in O. S. No. 16 of 1964.

2. The plaintiff's case is that it booked a consignment of 341 bags of potatoes on 17-1-1962, for carriage and safe delivery at Bangalore City. The Railway Administration accepted the consignment and undertook to carry the goods and issued a railway receipt dated 17-1-1963. The consignment reached Bangalore on 10-2-1963, and instead of delivering the said consignment at the destination to the consignee the defendant auctioned the potatoes on 13-2-1963. The plaintiff alleged that the respondent caused abnorma