Report No. 56

25. Difficulties created by provision in Railways Act.-

For example, as to section 77, Railways Act (now replaced by section 78B)1, nice questions as to the scope of the section arose in the past. Many of these have been set at rest. Here, we are referring to a few of them, to show how uncertainty could arise and might cause injustice. Thus, two problems raised by section 77 were

(i) Whether the provisions of section 77 applied to cases of compensation for non-delivery or not2, and

(ii) Whether under section 77, notice was required to be given to all the railway administrations which had carried the goods3.

1. Para. 4, supra.

2. See now, G.G. in Council v. Musaddi La!, AIR 1961 SC 725, followed in Union of India v. Mahadeo Lal, AIR 1965 SC 1755.

3. See Jethmull v. D.H. Rly., AIR 1962 SC 1870.