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Mutsaddi Lal vs Government-General In Council Through ... on 25 July, 1952

In Mutsaddi Lal's case (E), the same Full Bench reiterated their point of view expressed in the earlier case by again stating that a notice under Section 77 was only necessary in a case where non-delivery was due to loss, destruction or deterioration of goods and not where non-delivery was due to any other cause, e.g. conversion, detention, misconduct, misdelivery, wrongful sale of goods, capricious acts etc. The question that has, therefore, to be determined is whether the plaintiff in this particular case sued on the allegation that the goods had been lost to the railway administration and, therefore, it meant loss to him and he wanted to be compensated for such a loss, or whether the plaintiff's case was that he had sustained loss because the railway administration had failed to deliver the goods to him.
Allahabad High Court Cites 6 - Cited by 12 - V Bhargava - Full Document
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