Union of India v. M/s. Kailash Chand Jain and Company

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1985 Supreme(Online)(All) 1

ALLAHABAD HIGH COURT
Judge Name, J
Union of India v. M/s. Kailash Chand Jain and Company

Table of Content
1. determination of loss under indian railways act. (Para 1 , 2 , 4)
2. procedural requirements for liability in consignment. (Para 3 , 5 , 8)
3. application and interpretation of s.77b. (Para 6 , 9 , 10 , 11)
4. exoneration from liability based on statutory provisions. (Para 7 , 13)
5. final ruling of appeal and restoration of trial court judgment. (Para 14)

1. In this second appeal the question raised is whether the defendant - appellant is entitled to the benefit of S.77B, Indian Railways Act for short 'Act'.

2. On April 10, 1968, Kailash Chand Jain - a partner of the plaintiff - respondent firm, delivered two bars of silver to the railway administration at the Agra Fort Railway Station for being carried by the 84 Up Passenger Train to PDGR Bombay station and delivered to their commission agent, namely, M/s. Jain Brothers. The consignment was accepted by the railway administration and the Parcel Way Bill was issued to the consignor. Ordinarily the consignment ought to have reached the destination within two or three days. One of the bars of silver arrived at the Bombay Station, however, on June 21, 1968, and was delivered to the consignee. The other bar did not reach