Just a moment...
Convert scanned orders, printed notices, PDFs and images into clean, searchable, editable text within seconds. Starting at 2 Credits/page
Try Now →Press 'Enter' to add multiple search terms. Rules for Better Search
Use comma for multiple locations.
---------------- For section wise search only -----------------
Accuracy Level ~ 90%
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
Don't have an account? Register Here
Press 'Enter' after typing page number.
Issues: Whether the Railway Claims Tribunal is a civil court for the purpose of applying the Limitation Act, and whether the limitation period under the Railway Claims Tribunal Act is saved by acknowledgment of liability.
Analysis: The limitation scheme under the Railway Claims Tribunal Act fixes the period for filing a claim at three years from the date on which the goods were entrusted to the railway administration. The Tribunal is not a civil court merely because it exercises some powers akin to a civil court or because its proceedings are deemed to be judicial proceedings. Under Section 29(2) of the Limitation Act, Sections 4 to 24 apply to a special law only to the extent they are not expressly excluded. The statutory scheme of Section 17 of the Railway Claims Tribunal Act is specific and excludes the operation of Section 18 of the Limitation Act. Acknowledgment by the railway administration does not extend the statutory period for a claim governed by Section 17(1)(a), and any application beyond time can be entertained only if sufficient cause is shown under Section 17(2).
Conclusion: The Limitation Act does not apply to extend the limitation period for such claims before the Railway Claims Tribunal, and the claim was rightly held to be barred by limitation.