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Report No. 56

21. Object of Provisions in the Railways Act.-

Thus, for example, explaining the object of the notice prescribed by section 77, Railways Act, the Supreme Court has said, "the object of service of notice under this provision is essentially to enable the railway administration to make an enquiry and investigation as to whether the loss, destruction or deterioration was due to the consignor's laches or to the wilful neglect of the railway administration and its servants and further to prevent stale and possibly dishonest claims being made when owing to delay, it may be practically impossible to trace the transaction or check the allegations, made by the consignor........1" The Supreme Court observed:-

"In enacting the section, the intention of the legislature must have been to afford only a protection to the railway administration against fraud and not to provide means for depriving the consignors of their legitimate claims for compensation for the loss of or damage caused to their consignments during the course of transit on the railways."

1. Jetnntll v. D.H. Rly., AIR 1962 SC 1879.

Statutory Provision as to Notice of Suit other than Section 80 of the Civil Procedure Code Back

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