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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. … consideration was whether Ex.A.8 letter related to mere right to sue for damages which was not transferable under Section 6(e) of Transfer of Property Act and therefore the suit was not maintainable, the learned single Judge held that

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

Court : Delhi

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 of … of the consignor such as is contemplated to absolve the carrier from liability as a common carrier.; (ii) Carriers Act (1865) - Section 6--Applicability of.; That Section 6 of the Carriers Act, 1965, inter alias provides that any carrier may, by special

M.G. Brothers Lorry Service Vs. Prasad Textiles

Court : Supreme Court of India

Subject : Commercial

Acts : Carriers Act, 1865 - Sections 6, 8 and 10; Code of Civil Procedure (CPC) - Sections 100A; Carriers (Amendment) Act, 1899 - Sections 10

Reported in : AIR1984SC15; 1983(1)SCALE481; (1983)3SCC61; [1983]2SCR1027

which the goods were carried by the carrier in this case, was contrary to Section 10 of the Carriers Act, 1865 and as such the said condition 15 was void in view of Section 23 of the Contract Act.8. … purposes; to limit the liability of the carriers, as well as to declare the liability of the carriers. Section 6 of the Act stipulates that the liability of any common carrier for the loss of or damage to

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. … recover any amount which might have been paid to the carrier as a consideration for carrying the goods.9. Section 6 speaks of unlimited liability of the common carrier in respect of goods, not being of the description contained

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 the person accompanying that lorry. The trial Judge also held that there, was no special contract under Section 6 of the Carrier Act, 1865 between the appellant and the 2nd respondent to the effect that the goods

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

Court : Andhra Pradesh

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 … Ex.A.3 lorry receipt on 25-9-1978 and sent the goods by Lorry B.H.N. 6889. The lorry receipt is signed both by the consignor as well as

South Eastern Carriers (P) Ltd. Vs. the Oriental Fire and General Insu ...

Court : Kerala

Subject : Motor VehiclesCivil

Acts : Carrier's Act, 1865 - Sections 6 and 8

Reported in : AIR2004Ker139

contended by the defendant that the defendant is not a common carrier, As per Section 2 of the Carriers Act, 1865, 'common carrier' denotes a person, other than the Government engaged in the business of transporting for hire property … to constitute a special contract signed by the owner or an agent duly authorised within the meaning of Section 6 of the Carriers Act to protect the carrier from liability. A common carrier is not a mere bailee

Jugaldas Amritlal Vs. Harilal Talakchand and ors.

Court : Gujarat

Subject : Contract

Acts : Carriers Act, 1865 - Sections 6, 8 and 10; Contract Act, 1872 - Sections 151, 152 and 192; Railways Act, 1890 - Sections 16

Reported in : AIR1986Guj88

the common carriers is just like an Insurer under the common law which has been adopted by the Carriers Act, 1865 (hereinafter referred to as 'the Act'), and irrespective of the negligence of the servants of the carrier, defendants … the original plaintiff who filed the aforesaid suit against defendants 1 to 6 (appellant and respondents 2 to 6). Since the trial Court has passed … 4, the suit is not maintainable against them by the plaintiff. He has relied upon the provisions of Sections 190, 191 and 192 of the Contract Act, 1872, and contended that the contract for carriage was between

Vidya Ratan Vs. Kota Transport Co. Ltd.

Court : Rajasthan

Subject : Civil

Acts : Carriers Act, 1865 - Sections 5, 6, 8 and 9; Kota State Laws Act; Kota State Civil Courts Act - Sections 21

Reported in : 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 … 8 deals with the question of limiting the liability of any common carrier and runs as follows : 'Section 6. In respect of what property liability of carrier not limited or affected by public notice. The liability of

East India Transport Agency and Another Vs. M.S.C.D. Zarda Works

Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Subject : Land Acquisition

Service v.M/s Prasad Textiles, AIR 1984 SC 15, it was held by the Division Bench as follows : “Section 6 (of the Carriers Act, 1865) provides that such carrier may, by special contract, signed by the owner of … due to the total damage caused to the consignment. The liability of common carrier in the context of Carriers Act, 1865 has been elucidated by a Division Bench of Andhra Pradesh High Court inHindustan Corporation (Hyderabad) Private Limited v.United