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january 1961

Supreme Court of India · 1961-01-31

GOVERNOR GENERAL IN COUNCIL vs MUSADDI LAL.

Citation / case number
SC 1956/139
Court
Supreme Court of India
Petitioner
GOVERNOR GENERAL IN COUNCIL
Respondent
MUSADDI LAL.
Bench
SHAH, J.C.

Judgment text excerpt

The Supreme Court held that a claim for compensation for non-delivery of goods under Section 77 of the Indian Railways Act, 1890, is not distinct from a claim for loss, destruction, or deterioration of goods. The Court ruled that Section 77 imposes a condition precedent for claims related to loss or destruction, and failure to deliver goods is a consequence of such loss. The Court overruled previous judgments that suggested otherwise, affirming that the limitation period under Articles 30 and 31 of the Indian Limitation Act applies to claims under Section 77.

GOVERNOR GENERAL IN COUNCIL vs MUSADDI LAL. · Niyam