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Jun 06 1996

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

Court : Andhra Pradesh

Decided on : Jun-06-1996

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.

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Aug 23 1999

Oriental Insurance Co. Vs. Mukesh and Co. and anr.

Court : Madhya Pradesh

Decided on : Aug-23-1999

Subject : Commercial

Acts : Carriers Act, 1865 - Sections 8 and 9

Reported in : 2001ACJ1313; AIR2000MP35; 2000(1)MPLJ135

counsel contends that the learned trial Judge completely overlooked the provisions of Sections 8 and 9 of the Carriers Act, 1865 on which the suit was founded. It is argued that in a suit jointly filed by the insured … totally burnt, the transporter cannot avoid its liability under Sections 8 and 9 of the Carriers Act.10. Under Section 8 of the Carriers Act, a common carrier is liable to the owner for loss of or damage to

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Aug 18 2000

Transport Corporation of India Ltd. Vs. United India Insurance Company ...

Court : Kerala

Decided on : Aug-18-2000

Subject : Commercial

Acts : Carriers Act, 1865 - Sections 8

Reported in : 2002ACJ1191

decision reported in St. Joseph Union Tile Works v. Rappai, 1978 KLT 117. Under Section 8 of the Carriers Act, 1865, it is the owner, who is entitled to realise the damages from the carrier. But the decisions have

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Mar 13 1962

B.K. Abdulla Yelinje Mammi Vs. M.S. Kadambalithaya Chennakeshava

Court : Kerala

Decided on : Mar-13-1962

Subject : Commercial

Acts : Carriers Act, 1865 - Sections 8 and 9

Reported in : AIR1963Ker198

first defendant, is equally liable along with him.'Evidently the Subordinate Judge had in mind Section 8 of the Carriers Act, 1865 which reads:'Notwithstanding anything hereinbefore contained, every common carrier shall be liable to the owner for loss of or

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Jul 12 2005

Meet Road Lines Vs. United India Insurance Company and ors.

Court : Andhra Pradesh

Decided on : Jul-12-2005

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 … defendant was proved. In this connection, it is necessary to refer to the relevant provisions of the Act. Section 8 of the Carriers Act, to the extent it is relevant, provides that every common carrier shall be liable

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Apr 10 1980

Road Transport Corporation and ors. Vs. Kirloskar Brothers Ltd. and or ...

Court : Mumbai

Decided on : Apr-10-1980

Subject : CommercialContract

Acts : Carriers Act, 1865 - Sections 8 and 9; Indian Contract Act, 1872 - Sections 2, 10 and 28; Code of Civil Procedure (CPC), 1908 - Sections 21; Indian Companies Act

Reported in : AIR1981Bom299; (1981)83BOMLR173; 1981MhLJ855

1968 created or vested any title or interest in plaintiff No. 2. In view of the provisions of Section 8 of the Carriers Act it was further contended that the plaintiffs had no locus standi whatsoever to claim … vehicles from one place to another all over the country and are common carriers within the meaning of Carriers Act III of 1865.One National Pipes and Tubes Co. Ltd., at Calcutta was instructed by Plaintiff No. 1 to

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Feb 07 1964

Radhakrishnan Reddiar Vs. Venkatesan Chettiar and anr.

Court : Chennai

Decided on : Feb-07-1964

Subject : Contract

Acts : Carriers Act, 1865 - Sections 8

Reported in : AIR1964Mad476

first respondent herein. The revision petition1 is' accordingly dismissed. No costs. Contract - liability - Section 8 of Carriers Act, 1865 - 1st respondent-plaintiff filed suit for recovery of value of baggage of betel nuts - District Munsif held

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Jun 25 2009

Maharashtra State Electricity Board Through the Assistant Controller o ...

Court : Mumbai

Decided on : Jun-25-2009

Subject : Commercial

Acts : Carriers Act, 1865 - Sections 8, 9 and 10; Common Law and the Carriers Act, 1965

Reported in : AIR2009Bom185; 2009(6)BomCR385

whether the suit is not tenable against defendant No. 1 Salunke in view of Section 10 of the Carriers Act, 1865. Section 10 is as under:10. Notice of loss or injury to be given within six months - No suit … and both the defendants were liable to pay for the same and therefore filed Special Civil Suit No. 87 of 1983. Both defendants contested the suit. Ultimately, suit was decreed by the learned Civil Judge, Senior Division,

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Apr 28 1983

M.G. Brothers Lorry Service Vs. Prasad Textiles

Court : Supreme Court of India

Decided on : Apr-28-1983

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.

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Aug 26 1993

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

Court : Andhra Pradesh

Decided on : Aug-26-1993

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 … special contract signed by the owner of such property or by some person duly authorised in that behalf. Section 8 stipulates that a common carrier is liable for loss or damage caused by neglect or fraud by himself

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