UNION OF INDIA versus MOHD. NIZAM

UNION OF INDIA versus MOHD. NIZAM

Since the money order service between India and Pakistan remained suspended after 19-9-1949 and the amount was not received from the Pakistan Government, the proviso to section 34 absolves the Union of India of liability; no agency or sub-agency relationship arises between the two sovereign states under the agreed...

Source-derived case information.

Parties
Appellant: Union of India; Respondent: Mohd. Nizam
Jurisdiction
India
Judgment Date
18 October 1979
Procedural Posture
Civil Appeal / Appeal by Special Leave Against Judgment and Order Dated 1 4 66 of the Allahabad High Court in S.a. No. 1133/65
Outcome
Appeal allowed. Suit dismissed.
Legal Topics
Value Payable Article, Liability of Post Office, International Postal Agreements
Postal Law Agency Law Public Law Value Payable Article Liability of Post Office International Postal Agreements

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Parties

Union of India

Appellant

Mohd. Nizam

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave Against Judgment and Order Dated 1 4 66 of the Allahabad High Court in S.a. No. 1133/65

Legal Issues

  1. 1 Whether the post office is an agent of the sender for onward transmission of value payable articles to a foreign country
  2. 2 Whether the foreign postal administration acts as a sub-agent of the Indian post office
  3. 3 Whether liability under section 34 of the Indian Post Office Act, 1898 arises if amount not received due to suspension of service

Ratio Decidendi

Since the money order service between India and Pakistan remained suspended after 19-9-1949 and the amount was not received from the Pakistan Government, the proviso to section 34 absolves the Union of India of liability; no agency or sub-agency relationship arises between the two sovereign states under the agreed postal arrangement.

Court Disposition

Appeal allowed. Suit dismissed.

Orders

  • Judgment and decree of the High Court set aside.
  • Suit dismissed.