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Maharashtra State Electricity Board Through the Assistant Controller o ...

Court : Mumbai

Subject : Commercial

Acts : Carriers Act, 1865 - Sections 8, 9 and 10; Common Law and the Carriers Act, 1965

Reported in : 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 … that they are waiting for the officers of the board, but since railway officers were insisting, at about 11.00 a.m., the wooden blocks, sleeper, stay wire and jack were removed. As there was descending slope on one

Sheik Mahamad Ravuther Vs. the British India Steam Navigation Co., Ltd ...

Court : Chennai

Subject : Miscellaneous

Reported in : 1Ind.Cas.977

hold that these provisions do not limit the liability imposed by the common law rule recognized in the Carriers Act, 1865, which was the only point decided in that case. The provision in Section 152 that a bailee may … negligence' to be the want of such care as a prudent man would take of his own property (section 11). Best, J., in Batson v. Donovan 4 B. & A. 30, and Dallas, C.J., in Duff v. Budd

National Insurance Co. Ltd. Vs. M/S. Shere Punjab Co-operative Transpo ...

Court : Delhi

Subject : Trusts and SocietiesCommercial

Acts : Code of Civil Procedure (CPC), 1908 - Sections 151 - Order 7, Rule 11 - Order 12, Rule 6; Carriers Act, 1865 - Sections 6; Delhi Cooperative Societies Act, 1972 - Sections 90; Bombay Cooperative Societies Act, 1925 - Sections 92(1); Maharashtra Cooperative Societies Act - Sections 91

Reported in : 2001IVAD(Delhi)638; AIR2001Delhi400; 91(2001)DLT620

receipt and certificate dated 5th April 1993 constitute a special contract as envisaged under Section 6 of the Carriers Act, 1865, absolving defendant No.1 of the liability to pay suit amount. It is alleged that on said admissions of … defendant No.1, the defendant no.1 filed this application under Order 12 Rule 6 read with Order 7 Rule 11 and Section 151 CPC alleging that it is claimed in the plaint that defendant No. 1 accepted consignment

Nath Bros. Exim International Ltd. Vs. Best Roadways Ltd.

Court : Supreme Court of India

Subject : ConsumerContract

Acts : Carriers Act, 1865 - Sections 3, 4, 5, 6, 8 and 9; Indian Contract Act, 1872 - Sections 148, 151, 152 and 168; English Common Law Rule; Negotiable Instruments Act; Octroi (Export) Promotion Rule 1976

Reported in : I(2000)ACC434; JT2000(3)SC433; (2000)125PLR461; 2000(2)SCALE537; (2000)4SCC553; [2000]2SCR538; 2000(2)LC865(SC); (2001)1LW756

claim.3. Learned Counsel for the appellant has contended that the respondent is a 'carrier' within the meaning of Carriers Act, 1865 and, therefore, he is liable for non-delivery of goods to the consignee at the destination indicated to them. … or damage to, such property occasioned by the negligence or criminal acts of themselves, their servants or agents.6. Section 3 of the Act provides that a common carrier would not be liable for loss of, or damage … were entrusted to the respondent who issued Consignment Note No. 52330 dated 11.3.1994 to the appellant. Since the consignment was not delivered at Bombay, the

Meet Road Lines Vs. United India Insurance Company and ors.

Court : Andhra Pradesh

Subject : Civil

Acts : Carriers Act, 1865 - Sections 3, 6, 8, 9 and 10; Evidence Act, 1872 - Sections 101 to 104; Contract Act - Sections 190 and 191

Reported in : AIR2005AP485

report of the Surveyor. The learned Counsel also had taken this Court through the different provisions of the Carriers Act 1865, hereinafter in short referred to as 'Act' for the purpose of convenience, and would maintain, that in the … short referred to as 'Act' for the purpose of convenience, and would maintain, that in the light of Section 9 of the Act no doubt: the burden is on the carrier to prove the aspect of negligence … AIR1994AP24 , while dealing with Sections 6, 8 and 9 at paras 11,12 and 15 it was held :'A reading of the written statement indicates

East India Transport Agency Vs. Oriental Insurance Co. Ltd. and anr.

Court : Karnataka

Subject : CompanyInsurance

Acts : 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

Reported in : [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 … 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 … said goods to the defendant (revisionist) under C. C. Note No. BGL 117079. The goods were entrusted for being carried to Gauhati and delivered as

The East India Railway Company Vs. Jagpat Singh

Court : Kolkata

Subject : Land Acquisition

Reported in : 79Ind.Cas.126

otherwise in a form approved by the Governor-General-in-Council.(3) Nothing in the Common Law of England or in the Carriers Act, 1865, regarding the responsibility of common carriers with respect to the carriage of animals or goods, shall affect the … rail in this country. The first legislation on the subject is that contained in Act XVIII of 1854, Section 11 of which is as follows : ' The liability of such Railway Company for loss or injury to

K.V.S. Sheik Mahamad Ravuther Vs. the B.i.S.N. Co. and ors.

Court : Chennai

Subject : Contract

Reported in : (1908)18MLJ497

hold that these provisions do not limit the liability imposed by the common law rule recognized in the Carriers Act, 1865, which was the only point decided in that case. The provision in Section 152 that a bailee may … negligence' to be the want of such care as a prudent man would take of his own property (Section 11). Best J. in Batson v. Donovan (1820) 4 B.K 30, and Dallas C.J. in Duff Budd (1822) 3

Transport Corporation of India Ltd. Vs. Veljan Hydrair Ltd.

Court : Supreme Court of India

Subject : Consumer

Acts : Carriers Act, 1865 - Sections 10; Consumer Protection Act, 1986 - Sections 24A

Reported in : 2007(3)ALD63(SC); 2007(3)AWC2175(SC); II(2007)CPJ35(SC); [2008(1)JCR90(SC)]; JT2007(4)SC8; (2007)3MLJ762(SC); (2007)3SCC142; 2007AIRSCW1527; 2007LawHerald(SC)1020

Disputes Redressal Commission ('State Commission' for short). 2. The appellant is a 'common carrier' as defined in the Carriers Act, 1865 ('Act' for short). The respondent entrusted a consignment (an Hydraulic Cylinder) measuring 2700 kg, covered by sale invoice … Respondent. It resisted the claim on the following three grounds:(i) The respondent did not issue a notice under Section 10 of the Act, about the loss of the consignment, within six months of the time when the … R.V. Raveendran, J.1.This appeal is directed against the order dated 11.8.2004 of the National Consumer Disputes Redressal Commission ('National Commission' for short) affirming

Oriental Insurance Co. Ltd. and Another Vs. Vaishali Transport Forward ...

Court : Karnataka

Subject : Company

Acts : Carriers Act, 1865 - Sections 10; Code of Civil Procedure (CPC), 1908 - Order 6, Rule 6

Reported in : [1992]75CompCas296(Kar); 1991(3)KarLJ198

the ground that notice to the common carrier was not issued as contemplated under section 10 of the Carriers Act, 1865 ?' 2. The undisputed facts are, on April 30, 1987, a consignment consisting of clothes was entrusted to … as per exhibit P-3 which was received by the respondent on September 7, 1987, as per exhibit P-5.' 11. The court again says : 'Making of such a claim does not dispense with the statutory requirement of