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Jul 02 1999

Union of India Vs. M/S. K.D. Krishan Lal

Court : Delhi

Decided on : Jul-02-1999

Subject : Limitation

Acts : Limitation Act, 1963 - Sections 5 ; Indian Railways Act, 1890 - Sections 77(2)

Reported in : 2001ACJ1748; 1999IVAD(Delhi)740; AIR1999Delhi349; 80(1999)DLT412; 1999(50)DRJ446; ILR1999Delhi38

the appellant is that through the appellant/defendant was entitled to the protection under Section 77(2) of the Indian Railways Act,1890 the Tribunal wrongly held that the said provisions were not attracted to the present case. Having considered the … a railway administration after termination of transit- (1) A railway administration shall be responsible as a bailee under Sections 151, 152 and 161 of the Indian Contract Act, 1872,for the loss, destruction, damage, deterioration or no delivery

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Feb 05 1960

Union of India (Uoi) Represented by the General Manager, Southern Rly. ...

Court : Kerala

Decided on : Feb-05-1960

Subject : CivilLimitation

Acts : Provincial Small Cause Courts Act, 1887 - Sections 25; Code of Civil Procedure (CPC) , 1908 - Sections 115; Railways Act, 1890 - Sections 77; Limitation Act, 1908 - Schedule - Article 31

Reported in : AIR1960Ker306

is that the suit is bad for the lack of a notice under Section 77 of the Indian Railways Act, 1890, within the time stipulated therein. Section 77 reads as follows:''A person shall not be entitled to a refund … any railway receipt being produced, and even the elementary precaution of obtaining an indemnity bond was not taken.4. Section 25 of the Provincial Small Cause Courts Act, 1887, provides:'The High Court, for the purpose of satisfying itself

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Mar 11 1959

Kondapalli Virraju Vs. General Manager Representing the Union of India ...

Court : Andhra Pradesh

Decided on : Mar-11-1959

Subject : Civil

Acts : Railways Act, 1890 - Sections 77, 80 and 140; Code of Civil Procedure (CPC) , 1908 - Sections 80

Reported in : AIR1959AP594

Civil Revision pension raises a question relating to the interpretation of Sections 77 and 80 of the Indian Railways Act. 1890. It arises out of a suit instituted (or recovery of a sum of Rs. 1,415/-by way of damages

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May 06 1974

Ram Padarath Vs. Union of India (Uoi) and ors.

Court : Allahabad

Decided on : May-06-1974

Subject : Civil

Acts : Railways Act, 1890 - Sections 77 and 140

Reported in : AIR1974All465

dismissed the plaintiff's suit was that he had not complied with the provisions of Section 77 of the Railways Act, 1890. 2. On behalf of the plaintiff-appellant it is alleged that the plaintiff had duly complied with the requirements … without any force. It is dismissed with costs to the contesting respondents. Civil - serving of notice - Sections 77 and 140 of Railways Act, 1890 - suit for recovery of compensation for non-delivery of consignment - application

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Jul 25 1952

Mutsaddi Lal Vs. Government-general in Council Through the General Man ...

Court : Allahabad

Decided on : Jul-25-1952

Subject : Civil

Acts : Railways Act, 1890 - Sections 77; Limitation Act, 1908 - Article 31

Reported in : AIR1952All897

49 ALL. 236, it was held that non-delivery includes 'loss' as that term is used in Section 77, Railways Act, 1890, and notice of the suit under that section was necessary. On the other hand, in Secy. of State … grounds of appeal two main questions of law have been raised. One question is that no notice under Section 77, Railways Act was required because this was a case of non-delivery and not a case of loss,

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Dec 13 2001

Rajendra Textiles, Jodhpur Vs. Union of India (Uoi) and anr.

Court : Rajasthan

Decided on : Dec-13-2001

Subject : Civil

Acts : Railways Act, 1890 - Sections 77(2); Railways (Amendment) Act, 1989 - Sections 99

Reported in : 2003ACJ1163; AIR2002Raj226; 2002(4)WLC748; 2002(4)WLN41

the appellant is not entitled to get compensation because of the provisions of Section 77(2) of the Indian Railways Act, 1890 (hereinafter referred to as 'the Act').6. While deciding Issue No. 5, which relates to entitlement of the interest … a railway administration after termination of transit.-- (1) A railway administration shall be responsible as a bailee under Sections 151, 152 and 161 of the Indian Contract Act, 1872 (9 of 1872), for the toss, destruction, damage,

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Feb 26 1968

Union of India Owning and Administering Central Railway Per General Ma ...

Court : Mumbai

Decided on : Feb-26-1968

Subject : Civil

Acts : Railways Act, 1890 - Sections 3(6), 72, 74E, 77, 80, 140, 142, 144 and 148; Indian Contract Act, 1872 - Sections 2, 69, 151, 152 and 161; Evidence Act, 1872 - Sections 106, 114 and 115; Code of Civil Procedure (CPC), 1908 - Sections 79 and 80 - Order 41, Rules 1 and 2; Transfer of Property Act, 1882 - Sections 92; Indian Post Office Act, 1866

Reported in : AIR1969Bom401; (1969)71BOMLR214; ILR1969Bom864; 1968MhLJ797

manager of railways which haw handled goods--Whether notice sufficient compliance with Section 77.;Under Section 77 of the Indian Railways Act, 1890, the service of notice of claim upon the manager of any of the railways which have handled the … the Union of India must fail and is dismissed with costs.56. Appeal dismissed. Indian Railways Act (IX of 1890), Sections 77, 80, 140, 3(6) & (4), 142 - Civil Procedure Code (Act V of 1908), Sections 79, 80--Service of

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Apr 16 1959

P.R. Narayanaswami Iyer and ors. Vs. Union of India

Court : Chennai

Decided on : Apr-16-1959

Subject : Civil

Acts : Indian Railways Act, 1890 - Sections 3(6), 77 and 80

Reported in : AIR1960Mad58

the Chief Judge, Court of Small Causes is restored with costs.(26). Appeals allowed. Indian Railways Act (IX of 1890), Sections 77 and 80--Civil Procedure Code (Act V of 1908)--Sections 79 and 80--Suit against Union of India represented by General

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May 02 1962

Jetmull Bhojraj Vs. the Darjeeling Himalayan Railway Co. Ltd. and ors.

Court : Supreme Court of India

Decided on : May-02-1962

Subject : Commercial

Acts : Limitation Act - Schedule - Articles 15(2) and 30; Railways Act, 1890 - Sections 77

Reported in : AIR1962SC1879; (1963)IMLJ89(SC); [1963]2SCR832

6. The other reason why the appeal should fail is that no notice under s. 77 of the Railways Act 1890, had been given. That section so far as material is in these terms. 7. S. 77. A person … should fail is that no notice under s. 77 of the Railways Act 1890, had been given. That section so far as material is in these terms. 7. S. 77. A person shall not be entitled............to compensation

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Aug 14 1957

Oudh and Tirhut Railway Vs. Mrs. Karam Chand Paras Ram

Court : Allahabad

Decided on : Aug-14-1957

Subject : Civil

Acts : Railways Act, 1890 - Sections 72 and 77; Limitation Act, 1908 - Schedule - Articles 30 and 31

Reported in : AIR1958All234

Judge the Division Bench dismissed the appeal with costs.) (i) Civil - compensation claimed - Section 77 of Railways Act, 1890 - suit for compensation for loss due to non-delivery - notice not necessary - purpose of notice to … detention, conversion, etc. The word 'loss' is used not only in the risk note H but also in Sections 72 to 78, 80, 82, etc. along with the words 'destruction' and 'deterioration'. 'Loss or damage' are also

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