Prudeta
Prudeta
2026 INSC 711
📌 Paras 2-3
The appellant entrusted 40,444 bags of salt for shipment from Gujarat to Assam. Upon arrival, a shortage of 1742 bags was discovered, and a shortage certificate was issued by the respondent-Railway Authorities. The appellant filed a claim for the value of the missing bags. The goods were booked at 'owner's risk', and the railway receipt contained a 'said to contain' remark. Allegations of broken seals or open carriages were also noted.
📌 Para 4, Para 5.1, Chunk 2
Whether the Railway Authorities can be held liable for the shortage of goods when the consignment was booked at 'owner's risk', and if so, under what conditions, particularly in light of the non-obstante clause in Section 97 of the Railways Act, 1989, which exclu
The bench further analyzed the constitutional validity of the impugned provisions and discussed the interpretation of Articles 14 and 21 in light of recent precedents...
Citing the ratio in prior decisions, the court held that the legislative intent was to ensure...
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