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1 - 10 of 11 (0.78 seconds)Article 10 in Constitution of India [Constitution]
Indian Railways Act, 1890.
Article 30 in Constitution of India [Constitution]
Section 80 in The Code of Civil Procedure, 1908 [Entire Act]
The Limitation Act, 1963
Section 25 in The Provincial Small Cause Courts Act, 1887 [Entire Act]
The Indian Railways (Amendment) Act, 1983
Article 31 in Constitution of India [Constitution]
Jetmull Bhojraj vs The Darjeeling Himalayan Railway Co. ... on 2 May, 1962
In such circumstances, the relevant law is laid down by the Supreme Court in Jetmull Bhojraj v. Darjeeling Himalayan Railway Co. Ltd., . in this judgment the Supreme Court held that where what is claimed in a suit against the Railway Administration is compensation for the damage to the goods which were eventually delivered, the appropriate article applicable would be Art. 30 and not Art. 31 and the burden would be on the railway administration who want to non-suit the plaintiff on the ground of limitation to establish that the loss or injury occurred more than one year before the institution of the suit. After the coming into force of the new Limitation Act, the Art. 10 is the corresponding provision to the old Art. 30 and now the period of limitation is three years from the time the loss or injury occurs. Since open delivery was given in the present case on 25-11-1964, the limitation would begin to run from 25-11-1964. Taking into account the time taken in sending the notices, the suit, having been filed on 25-1-1968 is within three years. Therefore, it must be held that the suit is within time and is not barred by time.