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Start Free TrialCarriers Act, 1865 Complete Act
State: Central
Year: 1865
.....from responsibility is desirable or was intended. If. however, the word "only" be supplied after "anwerable" in the last line but three of the extract from the Railways Actas printed above, the Section becomes intelligible. It limits the liability of Railways Companies to the consequences of gross negligence or misconduct on the part of their agents or servants but declares that from this liability so limited they shall not be allowed to relieve themselves by any kind of contract. There cannot indeed be much doubt that the intention of the Legislature was to place all Railway Companies in what was once supposed to be the exact position of a carrier who had contracted for himself as favourably as the law of England would permit. It was, in fact. long supposed in England that. while a carrier could by contract relieve himself from most of his liabilities, his power of doing so slopped short of liability for negligence or misconduct. Such is the view of the law taken by Mr.Justice Storey in his "Commentaries on the Law of Bailnients" section 549. and such is under stood to be still the law in America. But a series of decisions in the English Courts overturned the older doctrine,.....
List Judgments citing this sectionHigh Courts Act, 1865 Complete Act
State: Central
Year: 1865
HIGH COURTS ACT, 1865 HIGH COURTS ACT, 1865 An Act to extend the Term for granting fresh Letters Patent for the High Courts in India, and to make further Provision respecting the Territorial Jurisdiction of the said Courts. Preamble reciting 24 & 25 Vict. c. 104; and enacting words: Rep. 56 & 57 Vic, c. 14 (S. L. R.). SECTION 01: [Rep. 56 & 57 Vict, c. 14 (S. L. R.).] SECTION 02: - [Rep. 41 & 42 Vict" c. 79 (S. L. R.).] SECTION 03: POWER TO GOVERNOR GENERAL IN COUNCIL TO ALTER LOCAL LIMITS OF JURISDICTION OF HIGH COURTS, AND TO AUTHORISE THE EXERCISE OF JURISDICTION BEYOND THE LIMITS OF THE PRESIDENCY, ETC., AND IN RESPECT OF CHRISTIAN SUBJECTS WITHIN THE DOMINIONS OF STATES OF INDIA IN ALLIANCE WITH HER MAJESTY It shall be lawful for the Governor General of India in Council, by order, from time to time to transfer any territory or place from the jurisdiction of one to the jurisdiction of any other of the high courts established or to be established under the said Act, and to authorise and empower any high court to exercise all or any portion of the jurisdiction and powers conferred or to be conferred on it by Her Majesty's letters patent.....
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