Advanced Search Results
Transport Corporation of India Ltd. Vs. Veljan Hydrair Ltd.
Supreme Court of India
Feb-22-2007
Consumer
Carriers Act, 1865 - Sections 10; Consumer Protection Act, 1986 - Sections 24A
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 … demanding payment, the respondent filed a complaint before the District Forum on 5.7.2001, alleging that the non-delivery of consignment amounted to deficiency of service and
Tag this Judgment! AI Brief & AskNath Bros. Exim International Ltd. Vs. Best Roadways Ltd.
Supreme Court of India
Mar-27-2000
ConsumerContract
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
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. … the place of his business a notice indicating the higher rate of charge required for carrying the goods.8. Section 5 provides that where the property entrusted to the carrier is lost or damaged, then the owner thereof would
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 … 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 … plaintiffs-respondents had filed a suit for recovery of a sum of Rs. 5,001.05 with costs and future interest at the rate of 18 per cent.
Tag this Judgment! AI Brief & Ask18-section briefs on any result in this list
Vidya Ratan Vs. Kota Transport Co. Ltd.
Rajasthan
May-03-1965
Civil
Carriers Act, 1865 - Sections 5, 6, 8 and 9; Kota State Laws Act; Kota State Civil Courts Act - Sections 21
AIR1965Raj200
question as to how far the principles governing the liability of a common carrier as contained in the Carriers Act, 1865, could be invoked in the present case, as at the time the incident happened Carriers Act had not … State in the matter of common carriers. 10. There was Kota State Laws Act No. 1 of 1948, Section 3 of which empowered the State Government to apply or extend with such restrictions and modifications, as it … was acting as common carrier of goods. It was averred that on 5-12-1949, Messrs. Madhay Das Hiralal of Kota, who were plaintiff's agents, delivered 27
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 … receipts Nos. R. 68468, R. 68471, R. 68472, R. 68473 and R. 68474 (Exhibits P. I to P. 5) issued by the appellants; that the appellants had failed to deliver the goods comprised in the said consignment
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 … as prayed for, but the assured is able to recover only Rs. 50,000/- from the Judgment-Debtor (wrong-doer), the assured will be entitled to appropriate Rs.
Tag this Judgment! AI Brief & AskHindustan Corporation (Hyderbad) Pvt. Ltd. Vs. M/S. United India Fire ...
Andhra Pradesh
Jun-06-1996
Contract
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
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. … Quantum of damages assessed by the learned Additional Judge at Rs. 15,923.60 Ps. on the basis of Ex.A. 5 and the evidence of the assessor, P.W. 2 was upheld by the learned single Judge on a finding
Tag this Judgment! AI Brief & AskKarnataka Transport Corporation Vs. National Insurance Bank Ltd.
Karnataka
Feb-27-1998
Insurance
Carriers Act, 1865 - Sections 8 and 9; Evidence Act - Sections 114
2001ACJ318; [1999]98CompCas767(Kar)
the part of the carrier. The learned trial court held that in view of Section 9 of the Carriers Act, 1865, the liability of the carrier has been absolute and the defendant was liable to make good the loss … property.13. Section 4 of the Act authorizes the carrier to require payment for the service to be rendered.14. Section 5 of the Act entitles a person to recover in respect of property lost or damaged, as well as
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). … to recover in respect of such loss' is the phrase taken from the English Act and used in Section 5, by the Legislature when that phrase is adequate to the intention. The word 'owner' in Section 8 is
Tag this Judgment! AI Brief & AskUnion of India and anr. Vs. M. Mariaprakasa Mudaliar Sons Karur
Chennai
Apr-19-1971
Civil
Indian Railways Act - Sections 54, 55, 56, 57, 72, 72(1), 72-A, 73, 74-A, 74-B, 74-C, 74-D, 74-E, 75, 76, 77, 78 and 78B; Limitation Act, 1908 - Schedule - Articles 30 and 31; ;Indian Contract Act, 1872 - Sections 151, 152 and 161
AIR1972Mad140
in a form approved by the Central government.(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 … consignment had been sold by public auction on 23-10-1962 and returned the bond. Complaining that no notice under Section 54 and S. 57 of the Indian Railways Act had been given to the respondent and stating that … on 23-10-1962 and returned the bond. Complaining that no notice under Section 54 and S. 57 of the Indian Railways Act had been given to
Tag this Judgment! AI Brief & AskAI Brief (18 sections) + Semantic Search - 7 days free
- ‹ Prev
- 2
- 3
- 4
- 5
- 6
- 7
- 8
- 9
- 10
- 11
- Next ›
- Last »