Advanced Search Results

Union of India (Uoi) and anr. Vs. Singareni Collieries Co. Ltd. and an ...

Court : Andhra Pradesh

Subject : Civil

Acts : Indian Railways Act, 1890 - Sections 72, 72(3), 73, 77, 77C, 77C(4), 78 and 78B; Railways Act, 1989 - Sections 200; Code of Civil Procedure (CPC) - Sections 78B and 80; Railways Act, 1989 - Sections 200; Indian Contract Act, 1872 - Sections 151, 152 and 161; Carriers Act, 1865; Explosive Rules; Tariff Rules

Reported in : 2005(5)ALD85

Indian Contract Act, 1872 (IX of 1872).(2) Omitted(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 … file this suit. The cause of action alleged is not true and tenable. The service of notice under Sections 78-B and 80 C.P.C., are admitted, but the contents are denied. They denied that the value of the … placed an order with the Indian Explosives Ltd., Madras for supply of 400 cases of Ajax G' explosives and paid them the value of the

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 … Controlling Authority. Such jurisdiction vest only with appropriate Government. Supreme Court cannot confer such jurisdiction on Controlling Authority. Section 4: [B.Sudershan Reddy & R.M.Lodha,JJ] Gratuity and pension Distinction Held, Pension and gratuity are separate retrial benefits and right

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 … Anr. v. Vaishali Transport Forwarding Agency, 1991 (3) KLJ 1983. Inter State Transports v. Pfizer Limited, : ILR1987KAR2870 4. General Manager, Southern Railway v. Agarwal Traders, 2001 ACJ 1845. Oriental Insurance Co. Ltd. v. Prakash Road Lines

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. … damage of non-delivery was owing to the negligence or criminal act of the carrier, his servants, or agents.7. Section 4 contemplates the rates fixed by the carrier for carrying the property entrusted to it to the place indicated

India General Navigation and Railway Co. Ltd. Vs. Gopal Chandra Guin

Court : Kolkata

Subject : Contract

Reported in : (1914)ILR41Cal80

100 upon which the Company could charge a higher rate under Sections 3 and 4 of the Common Carriers Act (Act III of 1865), the defendant was not liable to pay any damages for the loss; and, secondly, … defendant Company is to be determined according to the provisions of the Common Carriers Act (Act III of 1865). Section 3 of that Act provides that 'no common carrier shall be liable for the loss of or damage

Indian Airlines Corporation Vs. Jothaji Maniram

Court : Chennai

Subject : CommercialContract

Acts : Presidency Small Cause Courts Act, 1882 - Sections 38; Railways Act, 1890 - Sections 72; Evidence Act, 1872 - Sections 101 to 104; Carriers Act, 1865 - Sections 2 and 8; Carriage by Air Act, 1934 - Sections 4; Indian Contract Act, 1872 - Sections 151 and 152

Reported in : AIR1959Mad285

Causes relied upon Section 8 of the Carriers Act (Act III of 1865) for the purpose of holding the petitioner liable for the loss or … under the English law for negligence, held that the petitioner would be liable under Section 8 of the Carriers Act. On the further finding that there was negli- gence on the part of the Airlines Corporation, they held … international carriage and cannot apply to the case of carriage of passengers or goods by air within India. Section 4 of the Act states, 'The Central Government may, by notification in the Official Gazette' apply the rules contained

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

Court : Andhra Pradesh

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

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. … the '2nd respondent insured the goods while in transit after entrustment to the appellant for transport.3. Entrustment of 41 bales of semi tannedsleep skin to the appellant carrier for transportation from Hyderabad to Madras is not in

Patel Roadways Limited Vs. Birla Yamaha Limited

Court : Supreme Court of India

Subject : Consumer

Acts : 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)

Reported in : 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). … that behalf, shall have expressly declared to such carrier or his agent the value and description thereof.9. In Section 4 of the said Act it is laid down that such carrier may require payment for the risk undertaken

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 … against the defendant--East India Transport Agency--for recovery of a sum of Rs. 4,946.02 with current and future interest at the rate of 18 per cent,

M/S. Delhi Assam Roadways Vs. the Oriental Insurance Company

Court : Delhi

Subject : Land Acquisition

pleaded that the appellant was not a common carrier within the meaning of the expression as in the Carriers Act, 1865. It was also pleaded that the appellant was not guilty of negligence and therefore the suit was liable … Reporter or not? VALMIKI J. MEHTA, J (ORAL).1. The challenge by means of this Regular First Appeal under Section 96 of Code of Civil Procedure, 1908 (CPC) is to the impugned judgment of the trial Court dated … respondent/plaintiff/insurance RFA No.442/2003 Page 1 of 7 company/subrogee for recovery of ` 4,75,972/- against the appellant/defendant/common carrier..2. The facts of the case are that one