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icici Lombard General Insurance Co. Vs. Afl P. Ltd.

Court : Mumbai

Subject : CompanyInsurance

Acts : Companies Act, 1956 - Sections 433, 434 and 438; Carriers Act, 1865 - Sections 3, 8 and 9; Consumers Protection Act, 1986

Reported in : [2008]141CompCas188(Bom); [2008]84SCL52(Bom)

liability.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 non-delivery of goods against a common carrier is not … the owner for loss or damage to any such property other than property to which the provisions of Section 3 apply and in respect of which the declaration required by that Section has not been made, where such

The Manager, Doars Transport (P.) Ltd. Vs. the Canara Bank and Another

Court : Chennai

Subject : Commercial

Acts : Carriers Act, 1865 - Sections 3, 8 and 9

Reported in : 1993ACJ602; AIR1992Mad324; (1992)IMLJ453

claim, since the carrier should not be held liable in such circumstances. Sections 8 and 9 of the Carriers Act, 1865 are relevant sections in this regard. They read as follows :'8. Notwithstanding anything hereinbefore contained, every common carrier … the owner for loss or damage to any such property other than property to which the provisions of Section 3 apply and in respect of which the declaration required by that section has not been made, where such

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 … or damage to the owner of any such property other than the property to which the provisions of Section 3 apply and in respect whereof no declaration as required thereunder has been made, where such loss or damage

South Eastern Carriers Ltd. Vs. B. Rajendra

Court : Delhi State Consumer Disputes Redressal Commission SCDRC New Delhi

Subject : MRTP

such the compensation should have been awarded to the respondent only in terms of Section 3 of The Carriers Act, 1865 which restricts the maximum compensation to be awarded in a case to Rs. 100/-, where the value of

Union of India (Uoi) Vs. Mahadeolal Prabhudayal

Court : Supreme Court of India

Subject : Commercial

Acts : 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

Reported in : 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

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 to,

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 … day. Besides the first plaintiff's 4,000 bags there was other cargo consigned to the plaintiffs Nos. 2 and 3. I cannot say for certain whether any of the 4,000 bags were ready for delivery on the 24th

icici Lombard General Insurance Company Vs. Parasmani Roadlines Pvt. L ...

Court : Mumbai

Subject : InsuranceCommercial

Acts : 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

Reported in : 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 … the owner for loss or damage to any such property other than property to which the provisions of Section 3 apply and in respect of which the declaration required by that section has not been made, where such

Economic Transport Organization Vs. Charan Spinning Mills (P) Ltd. and ...

Court : Supreme Court of India

Subject : ConsumerInsurance

Acts : 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

Reported in : 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 … that mere right to sue cannot be transferred. Section 130 provides the manner of transfer of actionable claims. Section 3 defines an 'actionable claim' as : (i) any debt (other than a debt secured by mortgage of immovable

Basavaraj Yellappa Pundi Vs. the National Insurance Company Limited an ...

Court : Karnataka

Subject : Civil

Acts : 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

Reported in : 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 … was dealing in cotton as Commission Agent at APMC Yard, Saundatti. He had insured 50 docras of DCH 32 Koppas 99.70 quintals with the plaintiff No. 1, a transit insurer by paying the insurance premium for carrying