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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

Raymond Cement Works challenged the High Court's decision denying it the right to raise a claim before the Railway Claims Tribunal, contending that making an endorsement without a direction to pass property in goods did not bar its claim. The Supreme Court held that under Section 74 of the Railways Act, 1989 read with Section 2(13), an endorsement must contain an explicit direction to pass property to be effective. Since the appellant's endorsement lacked such direction, property had not passed, and the appellant retained its claim rights. The Court set aside the High Court's order and remanded the matter for adjudication on merits.</summary_100> </invoke>

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