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Supreme Court of India 2017-01-17 partly_allowed

Raymond Cement Works vs Union of India

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

The Supreme Court examined whether a consignee who endorsed a railway receipt without expressly transferring property rights retained the right to claim compensation before the Railway Claims Tribunal. The Court held that under the Railways Act 1989, an endorsement is only effective in transferring property if it explicitly directs that property pass to the endorsee, as required by Section 2(13). Since the appellant's endorsement lacked this mandatory direction, it was ineffective, and the appellant retained its right to claim. The Court set aside the High Court's order and remanded the matter for reconsideration on merits.

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