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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). … the goods (Sections 1 and 2) as the party entitled to recover damages in respect of such loss (Section 7) Section 8 of the Indian Act was undoubtedly drawn with Section 8 of the English Act before the

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 … and rash driving and there was damage to the tins and loss of 43 quintals 53 kilograms and 700 grams of coconut oil. At the request of the 2nd plaintiff, an open delivery was given at the

The Oriental Insurance Company Limited and Textool Company Limited, Ga ...

Court : Chennai

Subject : Insurance

Acts : Companies Act; Carriers Act, 1865 - Sections 10

Reported in : (2009)8MLJ953

Nirmala and Ors. reported in : (1997) I Scc 757, considered the scope of Section 10 of the Carriers Act, 1865 and held as follows:4. Admittedly, notice was issued by the petitioner on 5-7-1983 after the expiry of six

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 … made by their Lordships of the Supreme Court which read under (page 701) :'The section we are dealing with, is almost the same as Section

Transport Corporation of India Ltd. Vs. Veljan Hydrair Ltd.

Court : Supreme Court of India

Subject : Consumer

Acts : Carriers Act, 1865 - Sections 10; Consumer Protection Act, 1986 - Sections 24A

Reported in : 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 … inspite of constant follow up, the respondent sent letters dated 8.8.1998, 13.10.1998, 7.11.1998 and 8.12.1998 to the appellant, calling upon it to locate the consignment

M/s D. N. Singh Through Partner Dudheshwar Nath Singh Vs. Commissioner ...

Court : Supreme Court of India

Subject : Direct Taxation

gain.32. It may be noticed that Section 15 of the Carriage by Road Act, 2007, which repealed the Carriers Act, 1865, provides as follows: “15 Right of common carrier in case of consignee's default. (1) If the consignee fails … ............................................................ 42 K. R. B. JODHA MAL DISTINGUISHED BY HIGH COURT ...................................................................... 43 L. “OTHER VALUABLE ARTICLE” ........................................................................................................ 75 1 M. PRINCIPLE OF EJUSDEM GENERIS; NOSCITUR A SOCIIS ............................................................ 81 N. WHETHER BITUMEN IS ‘OTHER VALUABLE ARTICLE’

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 … Court decreed the suit of the 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 … 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

Savani Transport Pvt. Ltd. No. 234-A. Kamarajar Salai, Madurai Vs. M/S ...

Court : Chennai

Subject : Insurance

Acts : Carriers Act, 1865 -- Sections 10; Evidence Act, 1872 -- Sections 91, 92 and 94

Reported in : I(2001)ACC55; 2000(2)CTC567

inter alia that the suit is not maintainable in view of the non-compliance with section 10 of the Carriers Act 1865. The said consignment was to be delivered at Bombay to the first defendant therein as the address of … Has this Court jurisdiction to entertain the suit? 6. Is the second defendant liable to compensate the loss? 7. To what relief are the plaintiffs entitled to?5. The trial court after considering the documentary and oral evidence

National Insurance Co. Ltd. Vs. M/S. Shere Punjab Co-operative Transpo ...

Court : Delhi

Subject : Trusts and SocietiesCommercial

Acts : Code of Civil Procedure (CPC), 1908 - Sections 151 - Order 7, Rule 11 - Order 12, Rule 6; Carriers Act, 1865 - Sections 6; Delhi Cooperative Societies Act, 1972 - Sections 90; Bombay Cooperative Societies Act, 1925 - Sections 92(1); Maharashtra Cooperative Societies Act - Sections 91

Reported in : 2001IVAD(Delhi)638; AIR2001Delhi400; 91(2001)DLT620

receipt and certificate dated 5th April 1993 constitute a special contract as envisaged under Section 6 of the Carriers Act, 1865, absolving defendant No.1 of the liability to pay suit amount. It is alleged that on said admissions of … Rs.20,49,873/- against defendant No.1, the defendant no.1 filed this application under Order 12 Rule 6 read with Order 7 Rule 11 and Section 151 CPC alleging that it is claimed in the plaint that defendant No. 1

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 … 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 … consequently the defendant company could not be held responsible for the same. 7. As regards the third point, the learned District Judge held that while