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Sep 03 1996

Potey Brothers and ors. Vs. Union of India (Uoi)

Court : Mumbai

Decided on : Sep-03-1996

Subject : CivilProperty

Acts : Indian Railways Act, 1890 - Sections 73, 74 and 78B; Railway Coaching Tariff Rules - Rules 606, 618 and 619; Code of Civil Procedure (CPC) , 1908 - Sections 80; Indian Railways Commercial Manual - Rules 907 and 933

Reported in : 1997(3)ALLMR160; 1998(1)BomCR497

or wastage in bulk or weight due to inherent defect, quality of vice of the goods;h) latent defects;i) fire explosion or any unforeseen risk.Proviso also provides that the Railway Authority is not relieved of it's responsibility for … goods unless in respect thereof a rate is paid not exceeding the highest rate which may be in force at the time on the railway for any class of goods, or (b) in respect of goods which … Union of India. v. Delhi cloth and General Mills Co. Ltd. A.I.R. 1964 P&H; 147.'His Lordship, therefore, observed in para 45 as follows:'Delay is prima … the appellants/original applicants issued notices under section 78-B of the Indian Railways Act, 1890, and section 80 of the Code of Civil Procedure. In spite

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