COMBINED NOTICE UNEDER SECTION 78B, INDIAN RAILWAYS ACT, 1890 AND UNDER SECTION 80 CODE OF CIVIL PROCEDURE

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COMBINED NOTICE UNEDER SECTION 78B, INDIAN RAILWAYS ACT, 1890 AND UNDER SECTION 80 CODE OF CIVIL PROCEDURE


 


Registered A.D.


................................ 


................................ 


................................ 


Date    ......................... 


 


TO,


 


The General Manager, 


....................... Railways, 


....................... 


....................... 


 


Dear Sir, 


 


            Under instructions and on behalf of my client ABC etc., I hereby give you notice that my client will file a suit against the Union of India, owning and administering the aforesaid Railway, before the court of the Civil Judge at Alwar after expiry of a period of two months after service of this notice of claim under section 78B of the Indian Railways Act and section 80 of the Code of Civil Procedure for the recovery of Rs. .......................  as damages sustained by my client. 


 


The facts giving cause of action of the proposed suit and reliefs thereunder are given below: 


 




  1. My said client booked a consignment of ....................... packets each packet weighing .................... Kg. of ................... at   .......................  Rly. Station on ...................... for carriage to     ....................... Rly. Station under R.R. No. ....................... dated ....................... and my client was the consignor and consignee both under the said RR of the said consignment.



 




  1. The said consignment has not reached the said destination as yet and has not been delivered to my client in spite of repeated demands. It has been reported by the Station Master ...................... that the consignment has been misplaced or lost during transit. 



 




  1. The loss of the said consignment is due to negligence, carelessness and default of the aforesaid Railway, its employees and/or agents.



 




  1. The cause of action for filing the suit arose on .............. at   ................... on account of non-delivery of consignment to my client without any just or sufficient cause. 



 


Particulars of claim 


(i)   Loss of goods as per invoice               Rs........................ 


(ii)  Railway freight paid                              Rs. ....................... 


(iii) Loss of profit                                            Rs. ....................... 


(iv)  Other costs                                            Rs. ....................... 


 


(v)   Names, addresses and description of the plaintiff defendant.                                         


 


M/s ................................................... 


……………………............................. 


Defendant: The Union of India representing the Railway 


 


 


Yours faithfully, 


 


    ..................... 


 


 


 


 


 

GUIDELINE

Guideline for Drafting a Combined Notice under Section 78B, Indian Railways Act, 1890, and Section 80, Code of Civil Procedure

Usage: A Combined Notice under Section 78B of the Indian Railways Act, 1890, and Section 80 of the Code of Civil Procedure is used in India when an individual or entity intends to file a lawsuit against Indian Railways for damages, accidents, or other claims. This notice is a legal requirement that provides Indian Railways an opportunity to settle the dispute or address the claim before legal proceedings are initiated.

Common Mistakes to Avoid:

Complete Identification: Clearly identify the claimant (plaintiff) and Indian Railways (defendant) with their full legal names, contact details, and official positions.

Reference to Relevant Sections: Accurately mention both Section 78B of the Indian Railways Act and Section 80 of the Code of Civil Procedure for legal validity.

Statement of Facts: Provide a concise and specific statement of facts related to the claim, including details of the incident, injuries, damages, or losses incurred.

Proper Delivery: Serve the notice through recognized methods as specified by law, such as registered post with acknowledgment due, and maintain records of delivery.

Timeliness: File the notice well in advance of filing the actual lawsuit, adhering to the mandatory notice period, which is generally two months.

Legal Counsel: Seek legal advice to ensure the notice complies with all legal requirements, as failure to do so can result in dismissal of the lawsuit.

Use of Neutral Language: Maintain a professional and non-confrontational tone in the notice to facilitate cooperation and negotiation.

Acknowledgment of Indian Railways' Right to Respond: Recognize that Indian Railways has the right to defend itself and may not necessarily concede to the claims made in the notice.

Recordkeeping: Maintain copies of all relevant documents, including the notice, correspondence, and proofs of delivery for future reference.

Fulfilling Local Regulations: Be aware of any specific regulations or procedures that may apply in different regions of India.

By adhering to these guidelines and avoiding common mistakes, individuals and entities can effectively draft a Combined Notice under Section 78B of the Indian Railways Act and Section 80 of the Code of Civil Procedure, promoting a fair and transparent resolution process before pursuing legal action against Indian Railways.

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