U BHUKHANDAS D CHEVLI AND CO Vs. UNION OF INDIA

JUDGEMENT

(1.) A suit filed by the applicants against the Central Railway and the Union of India for damages in respect of a consignment of Kashmiri shawls was dismissed on the ground that under Schedule II of the Railways Act and under Section 75 of the said Act, the parcel of shawls should have teen declared and insured as it contained shawls exceeding Rs. 300/- in value.

(2.) In revision, it is contended that although item 'm' of Schedule II refers to 'shawls' in general, in view of the marginal note in Section 75 of the Railways Act only shawls of special value have to be declared and insured. The marginal note of Section 75 reads as follows:

(3.) The learned counsel for the applicants relies on E. I. Rly. Co. v. Dayabhai, AIR 1922 Bom 416, where his Lordship Macleod C. J, observed that it would be certainly desirable that the term 'shawls' in the second Schedule should now be amended so as to make it clear that only shawls of special value are intended to require to be declared. His Lordship did not express his decisive opinion that the word 'shawls' in the Second Schedule referred only to "shawls" of special value. His Lordship Shah J., after defining and explaining the meaning of the word 'shawl' observed as follows: