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    <title>1953 (3) TMI 45 - BOMBAY HIGH COURT</title>
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    <description>Railway carrier liability under the Indian Railways Act, 1890 was addressed through the strict construction of statutory exceptions and contractual risk allocation. Section 75(1), which applies to articles contained in a parcel or package, did not cover bare silver bars consigned without separate packaging; the railway administration could not invoke that provision to avoid liability. However, Section 72(2) permitted a written, approved agreement limiting liability. Risk note form X was treated as an independent contractual limitation for specified consignments, not as confined to situations where Section 75(1) applied. The consignor&#039;s execution of the form without additional freight validly restricted railway liability and defeated compensation.</description>
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    <pubDate>Wed, 18 Mar 1953 00:00:00 +0530</pubDate>
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      <title>1953 (3) TMI 45 - BOMBAY HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=272759</link>
      <description>Railway carrier liability under the Indian Railways Act, 1890 was addressed through the strict construction of statutory exceptions and contractual risk allocation. Section 75(1), which applies to articles contained in a parcel or package, did not cover bare silver bars consigned without separate packaging; the railway administration could not invoke that provision to avoid liability. However, Section 72(2) permitted a written, approved agreement limiting liability. Risk note form X was treated as an independent contractual limitation for specified consignments, not as confined to situations where Section 75(1) applied. The consignor&#039;s execution of the form without additional freight validly restricted railway liability and defeated compensation.</description>
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      <pubDate>Wed, 18 Mar 1953 00:00:00 +0530</pubDate>
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