Supreme Court · 1965 INSC 43 · Decided 23 February 1965
Union of India v. Mahadeolal Prabhudayal
- Court
- Supreme Court of India
- Citation
- 1965 INSC 43 · [1965] 3 S.C.R. 145
- Case number
- CIVIL APPEAL No. 536/1962
- Decided
- 23 February 1965
- Bench
- K.N. WANCHOO, J.R. MUDHOLKAR, S.M. SIKRI (3-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 80; Evidence Act Section 114
Headnote
Indian Railways Act (!f of 1890), ss. 72 and 77-Risk-note in Form Z-Mode of proof of liability of railway administration­ Notice under s. 77-When necessary. Out of a consignment of 60 bales ·of piece goods despatched by the Railway, under risk-note Form Z, only 29 bales were delivered got a specially reduced rate but the burden was thrown on him, of proving misconduct on the part of the railway or its servants, if there was a loss of goods. The risk· note also imposed an obligation on the Railway, to disclose how the consignment was dealt with by it, during the
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