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Aug 20 2004

Patel Roadways Ltd., (Formerly Patel Roadways Private Ltd.) Vs. Seshas ...

Court : Chennai

Decided on : Aug-20-2004

Subject : Commercial

Acts : Carriers Act, 1865 - Sections 2, 6, 9 and 10; Marine Insurance Act; Motor Vehicles Act

Reported in : II(2005)ACC174; 2006ACJ2802

broken condition, for which a notice was issued, claiming compensation for the damages under Section 10 of the Carriers Act, 1865.(c) The defendant carrier admitting and acknowledging the damages caused to 16 numbers of Insulators, issued certificate also on … law, throwing the burden upon the plaintiffs, to prove the negligence or the criminal act of the carrier.17. Section 2 of the Act defines 'common carrier' as:'common carrier' denotes a person, other than the Government, engaged in the

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Aug 26 1993

M/S. Milap Carriers, Transport Contrs. and Commissions-agents Vs. Nati ...

Court : Andhra Pradesh

Decided on : Aug-26-1993

Subject : Motor Vehicles

Acts : Carriers Act, 1865 - Sections 2, 6, 8 and 9; Indian Contract Act, 1872 - Sections 151 and 152

Reported in : II(1994)ACC7; 1995ACJ745; AIR1994AP24; 1993(3)ALT647

special terms and conditions exclude the liability of the defendant. He places reliance upon the provisions of the Carriers Act, 1865 and a few decisions. He contends that there need be no special proof regarding the special conditions of … on its part and that it took precautions to safeguard the goods. Mr. Hanumaiah points out that under Section 9 of the Carriers Act, plaintiff need not prove negligent on the part of the carrier. It is … undertook to transport the consignment. The defendant issued Ex.A.3 lorry receipt on 25-9-1978 and sent the goods by Lorry B.H.N. 6889. The lorry receipt is

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Mar 14 1963

D.P. Narasa Reddy Vs. Ellisetti China Venkata Subbayya and anr.

Court : Andhra Pradesh

Decided on : Mar-14-1963

Subject : Commercial

Acts : Carriers Act, 1865 - Sections 2 and 8; Code of Civil Procedure (CPC), 1908 - Order 8, Rule 2; Specific Relief Act - Sections 10; Provincial Small Cause Courts Act, 1887 - Sections 25

Reported in : AIR1964AP71

costs here and in the Court below. Commercial - status of agent - Sections 2 and 8 of Carriers Act, 1865 and Section 25 of Provincial Small Cause Courts Act, 1887 - plaintiff common carrier entrusted some goods for

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Jul 16 1998

Prakash Road Lines (P) Ltd. and anr. Vs. H.M.T. Bearing Limited, Hyder ...

Court : Andhra Pradesh

Decided on : Jul-16-1998

Subject : Commercial

Acts : Carriers Act, 1865 - Sections 2 and 9; Code of Civil Procedure (CPC), 1908 - Sections 20; Companies Act, 1956

Reported in : 2001ACJ40; 1998(5)ALD198; 1998(5)ALT378

its registered office at Bangalore, which is a 'common carrier' within the meaning of Section 2 of the Carriers Act, 1865 (for short 'the Act'). The 2nddefendant is a branch of the 1st defendant-Company at Hyderabad.2. The respondent plaintiff

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Jun 06 1996

Hindustan Corporation (Hyderbad) Pvt. Ltd. Vs. M/S. United India Fire ...

Court : Andhra Pradesh

Decided on : Jun-06-1996

Subject : Contract

Acts : Carriers Act, 1865 - Sections 8, 9 and 10; Transfer of Property Act, 1882 - Sections 6, 130, 130-A and 135(2); Indian Contract Act, 1872 - Sections 124, 125 and 141

Reported in : AIR1997AP347

at the owners risk.6. It is not in dispute that the appellant is acommon carrier as defined under Section 2 of the Carriers Act, 1865. In the year 1883, a Full Bench of five Judges of the High … a breach of contract in delivery of goods by a common carrier and under Section 8 of the Carriers Act, 1865 the liability was on the carrier for damages or loss in the value of the goods in transit.

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Jan 29 1974

The Associated Traders and Engineers Pvt. Ltd. Vs. Delhi Cloth and Gen ...

Court : Delhi

Decided on : Jan-29-1974

Subject : Commercial

Acts : Carriers Act, 1865 - Sections 6; Marine Insurance Act, 1963 - Sections 79(2)

Reported in : 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 … which were consigned were covered by insurance policies issued by London and Lancashire Insurance Company Limited (respondent No. 2) and Concord of India Insurance Company Limited (respondent No. 3). (2) Shortly stated, the facts are that on

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Nov 19 1963

Konda Rm. Eswara Iyer and Sons and ors. Vs. Madras Bangalore Transport ...

Court : Chennai

Decided on : Nov-19-1963

Subject : Motor Vehicles

Acts : Carriers Act, 1865 - Sections 2 and 9

Reported in : AIR1964Mad516

civil revision petition is allowed with costs throughout. Motor Vehicles - misfeasance - Sections 2 and 9 of Carriers Act, 1865 - in view of Halsbury's Laws of England a common carrier bound to deliver goods to right person … and it satisfies the description of a common carrier as observed by Destor Story in his Bailments in Section 495 in the following words:'To bring a person within the description of a common carrier he must exercise

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Apr 10 1980

Road Transport Corporation and ors. Vs. Kirloskar Brothers Ltd. and or ...

Court : Mumbai

Decided on : Apr-10-1980

Subject : CommercialContract

Acts : Carriers Act, 1865 - Sections 8 and 9; Indian Contract Act, 1872 - Sections 2, 10 and 28; Code of Civil Procedure (CPC), 1908 - Sections 21; Indian Companies Act

Reported in : AIR1981Bom299; (1981)83BOMLR173; 1981MhLJ855

1968 created or vested any title or interest in plaintiff No. 2. In view of the provisions of Section 8 of the Carriers Act it was further contended that the plaintiffs had no locus standi whatsoever to … vehicles from one place to another all over the country and are common carriers within the meaning of Carriers Act III of 1865.One National Pipes and Tubes Co. Ltd., at Calcutta was instructed by Plaintiff No. 1 to

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Mar 30 1965

Tugun Ram Vs. Dominion of India and ors.

Court : Allahabad

Decided on : Mar-30-1965

Subject : Commercial

Acts : Carriers Act, 1865 - Sections 2, 6, 8 and 9

Reported in : AIR1966All260

the Courts to defendant 1 only. Commercial - common carrier - Sections 2, 6, 8 and 9 of Carriers Act, 1865 - suit for recovery of money for loss in transit on railways other than defendants - railways denied … to decide this question reference has to be made to the definition of 'common carrier' as contained in Section 2 of the Carriers Act. According to that definition,'Common carrier' denotes a person, other than the Government, engaged in

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Dec 10 1970

R.R.N. Ramalinga Nadar Vs. V. Narayana Reddiar

Court : Kerala

Decided on : Dec-10-1970

Subject : Commercial

Acts : Carriers Act, 1865 - Sections 1 and 2; Motor Vehicles Act, 1939 - Sections 2(23)

Reported in : 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 … 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

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