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1 - 3 of 3 (0.28 seconds)Union Of India vs Amin Chand Payarelal on 10 September, 1973
In support of his aforesaid submission, he has placed his reliance on a decision in Union of India v. Amin Chand Payarelal . In the said case, while discussing the point in question. Their Lordships of Punjab and Haryana High Court have observed that a claim has to be preferred in writing to the Railway administration within six months from the date of delivery of goods to the Railway. The claim can be said to be preferred to the Railway administration only if it reaches the said authorities within the prescribed period. It is also observed by Their Lordships in the said ruling that (at p. 192) :
Union Of India Owning The Southern ... vs Sha Vastimull Harakchand on 14 July, 1958
5. Another argument pressed into service by the learned counsel for the appellant is that when
the goods are neither delivered nor traceable, then there is non-delivery of the goods which amounts to a loss to the party, and in such a case, there is no necessity to issue any notice to the railway administration. For this he placed reliance on a decision in Union of India v. Sha Vastimull Harakchand reported in AIR 1959 Mysore 13. In the said case, there was a loss to the party on account of nondelivery of goods, but here it is not so and, therefore, this decision, in my view, does not help the appellant/plaintiff in any way.
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