Subrahmania Chetty and anr. Vs. the British Indian Steam Navigation Company Ltd., by their Managing Agent, Mackinnon Mackenzie

Subrahmania Chetty and anr. vs The British Indian Steam Navigation Company Ltd., by their Managing Agent, Mackinnon Mackenzie

Type Court Judgment Court Chennai Decided Dec 22, 1922

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Citation: sooperkanoon.com/807253
Court: Chennai
Judge: Krishnan, J.
Decided On: Dec 22, 1922
Subject: Land Acquisition

Case Summary

AI-generated summary - not the official court judgment text.

Construction of document - Bill of lading--Shortage--Burden of proof. -

Key legal issue: Land Acquisition

Parties & Advocates

Appellant / Petitioner

Subrahmania Chetty and anr.

Respondent

The British Indian Steam Navigation Company Ltd., by their Managing Agent, Mackinnon Mackenzie

Legal References

Reported In: AIR1923Mad523; 72Ind.Cas.408

Excerpt

construction of document - bill of lading--shortage--burden of proof. - krishnan, j.1. in this case the burden was on the plaintiff to prove shortage as the bill of lading expressly says 'that weight, contents and value when snipped unknown;' see in re anglo-russian merchant traders and john batt & co., london (1917) 2 k.b. 679 : 86 l.j.k.b. 1360 : 116 l.t. 805 : 61 s.j. 591. no attempt has been made by plaintiff to prove this though about a month's time seems to have been given to him by the learned district munsif. it is urged that i should give him a further opportunity of proving his case. i am unable to do so, as i think he had ample opportunity already. the civil revision petition fails and is dismissed with costs.

Full Judgment

Krishnan, J.

1. In this case the burden was on the plaintiff to prove shortage as the bill of lading expressly says 'that weight, contents and value when snipped unknown;' see In re Anglo-Russian Merchant Traders and John Batt & Co., London (1917) 2 K.B. 679 : 86 L.J.K.B. 1360 : 116 L.T. 805 : 61 S.J. 591. No attempt has been made by plaintiff to prove this though about a month's time seems to have been given to him by the learned District Munsif. It is urged that I should give him a further opportunity of proving his case. I am unable to do so, as I think he had ample opportunity already. The civil revision petition fails and is dismissed with costs.

Same Parties Subrahmania Chetty and anr. vs The British Indian Steam Navig... Same Subject Land Acquisition Same Judge Krishnan, J.

Land Acquisition