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R.R.N. Ramalinga Nadar Vs. V. Narayana Reddiar
Kerala
Dec-10-1970
Commercial
Carriers Act, 1865 - Sections 1 and 2; Motor Vehicles Act, 1939 - Sections 2(23)
AIR1971Ker197
of the Kerala State which was part of the erstwhile Travancore State and it is agreed that the Carriers Act 1865 was not made applicable to that area. That Act is in force only in those areas of the … 1. About the facts of the case there is no material dispute. The … necessary for the purposes of his business, not being a business of Providing transport, is a private carrier. Section 2(23) defines a 'public carrier as under:'2 (23) 'Public carrier, means an owner of a transport vehicle who
Tag this Judgment! AI Brief & AskEconomic Transport Organization Vs. Charan Spinning Mills (P) Ltd. and ...
Supreme Court of India
Feb-17-2010
ConsumerInsurance
Consumer Protection Act, 1986 - Sections 2 and 14(1); ;Carriers Act, 1865 - Sections 8 and 9; ;Consumer Protection Act, 1988 - Section 2; ;Limitation Act - Section 14; ;Marine Insurance Act, 1963 - Section 79; ;Contract Act, 1872 - Section 140; ;Transfer of Property Act, 1882 - Sections 3, 6 and 130; ;Stamp Act; ;Insurance Law
JT2010(2)SC271,2010(2)SCALE427,2010(2)LC1004(SC)
in service, in view of the unrebutted presumption of negligence arising under Sections 8 and 9 of the Carriers Act, 1865. The appeal filed by the appellant before the State Consumer Disputes Redressal Commission, Madras, challenging the said order … in sound condition was a deficiency in service, in view of the unrebutted presumption of negligence arising under Sections 8 and 9 of the Carriers Act, 1865. The appeal filed by the appellant before the State Consumer … Ltd, referred to as the 'Insurer'), covering transit risks between the period 11.5.1995 and 10.5.1996 in respect of cotton yarn sent by it to various
Tag this Judgment! AI Brief & AskThe Associated Traders and Engineers Pvt. Ltd. Vs. Delhi Cloth and Gen ...
Delhi
Jan-29-1974
Commercial
Carriers Act, 1865 - Sections 6; Marine Insurance Act, 1963 - Sections 79(2)
ILR1974Delhi790
as common carriers. (15) A special contract limiting the- liability of a common carrier is recognised by the Carriers Act, 1865. Section 6 of this Act, inter alia, provides that any carrier may, by special contract, signed by the owner … are carriers. They used to carry goods consigned by Delhi Cloth and General Mills Company Limited (respondent No. 1) to themselves or to their consignees in various parts of the country. The goods of respondent No. 1
Tag this Judgment! AI Brief & Ask18-section briefs on any result in this list
Union of India (Uoi) Vs. Mahadeolal Prabhudayal
Supreme Court of India
Feb-23-1965
Commercial
Code of Civil Procedure (CPC), 1908 - Sections 80; Indian Railways Act, 1890 - Sections 72(1), 72(2), 72(3) and 77; ;Indian contract Act, 1872 - Sections 152 and 161; Carriers Act, 1865; ;Evidence Act - Sections 114
AIR1965SC1755; 1966(0)BLJR91; [1965]3SCR145
Governor-General. Sub-section (3) of s. 72 provides that nothing in the common law of England or in the Carriers Act 1865 regarding the responsibility of common carriers with respect to carriage of animals or goods shall affect the responsibility … which had been consigned to Baidyanathdham from Wadibundar. This consignment was loaded in wagon No. 9643 on December 1, 1947. It is not in dispute that the consignment reached Mughalsarai on the morning of December 9, 1947
Tag this Judgment! AI Brief & AskEast India Transport Agency Vs. Oriental Insurance Co. Ltd. and anr.
Karnataka
Sep-08-1998
CompanyInsurance
Marine Insurance Act, 1963 - Sections 79; Partnership Act, 1932 - Sections 69; Carriers Act, 1865 - Sections 10; Code of Civil Procedure (CPC) , 1908 - Order 29, Rule 1 - Order 6, Rule 14
[1998]94CompCas141(Kar)
place to place. The defendant-revision petitioner is a public carrier in common law as well as under the Carriers Act, 1865. On February 16, 1985, the second plaintiff got despatched consignment of goods, having purchased the same from Binny … Hari Nath Tilhari, J. 1. These revision petitions raise a common question of law and, therefore, they … the suit, S. C. No. 8318 of 1997, may be dismissed for want of registration as provided under Section 69 of the Partnership Act. It is further stated that the goods were insured and the insurance company
Tag this Judgment! AI Brief & AskMaharashtra State Electricity Board Through the Assistant Controller o ...
Mumbai
Jun-25-2009
Commercial
Carriers Act, 1865 - Sections 8, 9 and 10; Common Law and the Carriers Act, 1965
AIR2009Bom185; 2009(6)BomCR385
whether the suit is not tenable against defendant No. 1 Salunke in view of Section 10 of the Carriers Act, 1865. Section 10 is as under:10. Notice of loss or injury to be given within six months - No suit
Tag this Judgment! AI Brief & AskPatel Roadways Limited Vs. Birla Yamaha Limited
Supreme Court of India
Mar-28-2000
Consumer
Carriers Act, 1865 - Sections 1, 2, 3, 4, 5, 6, 7, 8 and 9; Consumer Protection Act, 1986 - Sections 2(1), 10, 13 13(4), 13(5), 13(6), 14(1), 15, 17, 18, 19, 21, 22, 23, 24 and 25; Court of Wards Act, 1879 - Sections 51 to 55; Code of Civil Procedure (CPC)
2000(3)CTC59; JT2000(3)SC618; (2000)125PLR816; 2000(2)SCALE559; (2000)4SCC91; [2000]2SCR665; 2000(2)LC887(SC)
Mohapatra, J.1. The core question that arises for determination in this appeal is whether Section 9 of the Carriers Act, 1865 (Act 3 of 1865) is applicable to a proceeding under the Consumer Protection Act, 1986 (68 of 1986).
Tag this Judgment! AI Brief & AskBasavaraj Yellappa Pundi Vs. the National Insurance Company Limited an ...
Karnataka
Feb-11-2005
Civil
Carriers Act, 1865 - Sections 3, 4, 6, 8, 9 and 10; Indian Contract Act - Sections 151 and 152; Transfer of Property Act - Sections 130(1) and 130(2); Marine Insurance Act; Code of Civil Procedure (CPC) - Sections 20 - Order 6, Rule 6 - Order 3, Rule 1 and 2
2006ACJ638; AIR2005Kant369; ILR2005KAR3403; 2005(5)KarLJ388
him.22. The main argument of the Learned Counsel in this appeal was with regard to Section 10 of Carriers Act, 1865, which reads as under:'Section 10: Notice of loss or injury to be given within six months. No suit … J.1. The appellant before this Court is the defendant before the Trial Court. The respondents are the plaintiffs 1 and 2 before the Trial Court.2. The brief facts that led to the filing of the present appeal
Tag this Judgment! AI Brief & AskCommissioner of Income-tax Vs. Kerala Transport Company
Kerala
Aug-14-1998
Direct Taxation
Income Tax Act, 1961 - Sections 37 and 41(1); Carriers Act, 1865 - Sections 9
[1999]239ITR183(Ker)
Officer was that the liability of the former being a carrier was absolute under Section 9 of the Carriers Act, 1865, for any loss or damage caused to the goods either on account of short-delivery or non-delivery or otherwise … of the Revenue, the Income-tax Appellate Tribunal referred the following question under Section 256(1) of the Income-tax Act, 1961 (briefly, 'the Act'), relating to the assessment year 1985-86, for the opinion of this court :'Whether, on the
Tag this Judgment! AI Brief & Askicici Lombard General Insurance Company Vs. Parasmani Roadlines Pvt. L ...
Mumbai
Mar-14-2007
InsuranceCommercial
Companies' Act, 1956 - Sections 3, 433, 434 and 438; Carriers' Act, 1865 - Sections 8 and 9; Consumers Protection Act, 1986; Companies' Act, 1956 - Sections 433 and 434; Carriers' Act, 1855 - Sections 8
2007(4)BomCR311
The submission which has been urged on behalf of the Petitioner is that under the provisions of the Carriers' Act, 1865, the Plaintiff in a suit for loss, damage and nondelivery of goods against a common carrier is not … D.Y. Chandrachud, J. 1. The Petitioner is the insurer of a consignment of goods consisting of … rights and remedies of the insured in accordance with the terms of the policy. 2. A notice under Section 434 of the Companies' Act, 1956 was addressed by the Petitioner to the Company on 26th July 2005
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