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Report No. 56

3. Section 78B, Railways Act.-

The first provision to be considered is section 78B, Railways Act (as amended in 1961). This, in its subject-matter, corresponds to section 77 of the Act, as it stood before 1961.

Section 77 of the Railways Act, 1890 (before 1961) was as follows1:--

"A person shall not be entitled to a refund of an overcharge in respect of animals or goods carried by railway or to compensation for the loss, destruction or deterioration of animals or goods delivered to be so carried, unless his claim to the refund or compensation has been preferred in writing by him or on his behalf to the railway administration within six months from the date of the delivery of the animals or goods for carriage by railway."

1. For history of section 77, see Appendix.

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

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