State Of West Bengal vs Union Of India (Uoi) on 24 June, 1986
But in that case we would, as pointed out in South Indian Co-operative Stores (supra) (at 987 of 60 Cal WN), have to decide whether the Traffic Superintendent, to whom the notice was addressed, was competent to waive the notice or the defects therein to effectively bind the Railway Administration by such waiver. It is, however, not necessary for us to go into that question in this case as, even assuming that the defect in the notice was so waived by the destination Railway, the suit was nevertheless to fail on the third ground pointed out hereinabove and discussed hereinbelow.