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march 1968

Supreme Court of India · 1968-03-07

NIRANJANLALL AGARWALLA vs UNION OF INDIA

Citation / case number
SC 1965/126
Court
Supreme Court of India
Petitioner
NIRANJANLALL AGARWALLA
Respondent
UNION OF INDIA
Bench
MITTER, G.K.

Judgment text excerpt

The Supreme Court held that the notice requirement under Section 77 of the Indian Railways Act, 1890, should be liberally construed, allowing service on the Chief Commercial Manager (Claims and Refunds) as sufficient compliance. The Court emphasized that the purpose of the notice is to enable the railway administration to investigate claims, and it is inappropriate for the State to deny a valid claim on technical grounds. Additionally, the appellant was entitled to the benefit of Section 14 of the Indian Limitation Act, 1908, as he acted with due diligence in pursuing his claims despite an earlier suit being dismissed for lack of jurisdiction.

NIRANJANLALL AGARWALLA vs UNION OF INDIA · Niyam