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may 2006

Supreme Court of India · 2006-05-25

Bhagwati Prasad Pawan Kumar vs Union Of India (Uoi)

Citation / case number
III(2006)ACC1
Court
Supreme Court of India
Petitioner
Bhagwati Prasad Pawan Kumar
Respondent
Union Of India (Uoi)
Author
B.P. Singh
Bench
B.P. Singh, R.V. Raveendran

Judgment text excerpt

The Supreme Court upheld the decision of the Railway Claims Tribunal, affirming that the encashment of cheques by the appellant constituted acceptance of the Railway's offer for full and final settlement of claims under Section 78 of the Indian Railways Act, 1989. The Court ruled that the appellant's protest did not negate the acceptance of the offer, as the terms were clear that retention of the cheques would be deemed acceptance. Consequently, the appeal against the High Court's dismissal of the claim was rejected, confirming the Tribunal's ruling.

Bhagwati Prasad Pawan Kumar vs Union Of India (Uoi) · Niyam