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Oriental Fire and General Insurance Co. Ltd. Vs. Sathyanarayana Transp ...
Karnataka
Apr-02-1989
Company
Carriers Act, 1865 - Sections 9
II(1989)ACC321; [1993]76CompCas135(Kar)
Kolekar, learned counsel, the burden of proving non-negligence is on the carrier, as per section 9 of the Carriers Act, 1865, and this burden imposed on the carrier is a principle flowing from the common law. 8. The earlier
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 … the complainants under the Act were not entitled to rely upon the statutory presumption of negligence available under Section 9 of the Carriers Act, 1865 which is available in civil suits brought against carriers. In the absence of
Tag this Judgment! AI Brief & AskRolta India Limited and anr. Vs. Elbee Services Limited
Delhi
Jan-04-2001
Commercial
Companies Act, 1956; Marine Insurance Act; Carriers Act, 1865 - Sections 9; Consumer Protection Act, 1986
2001IIIAD(Delhi)444; AIR2001Delhi353; 92(2001)DLT232; 2001(58)DRJ330
any term. 10. The main gravamen of the contention of the learned counsel for the plaintiff is that Section 9 of the Carriers Act postulates that the liability of a carrier is that of an insurer and that … place, inter alia, by land for all persons and, thereforee, comes within the expression 'Common Carrier' as per Carriers Act 1865.2. This is a suit for recovery of Rs.1,42,46,127/- claimed from the defendant on account of the damages caused
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Karnataka 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
Tag this Judgment! AI Brief & AskOriental Fire and General Insurance Co. Ltd. Vs. Sree Sathyanarayana T ...
Karnataka
Apr-21-1989
Motor Vehicles
Carriers Act, 1865 - Sections 9
ILR1990KAR1286; 1989(2)KarLJ129
the learned Counsel, the burden of proving non-negligence is on the carrier, as per Section 9 of the Carriers Act, 1865, and this burden imposed on the carrier is a principle flowing from the common law.The earlier decision reported
Tag this Judgment! AI Brief & AskNew India Assurance Co. Ltd. Vs. Economic Transport Corporation
Supreme Court of India
Jan-11-1996
Insurance
Carriers Act, 1865 - Sections 9
1999ACJ1367; (1998)8SCC541
High Court came to conclude that in the peculiar facts and circumstances, presumption under Section 9 of the Carriers Act, 1865 relating to negligence did not arise and even if it did, it stood rebutted in the light of
Tag this Judgment! AI Brief & AskOriental Insurance Co. Vs. Mukesh and Co. and anr.
Madhya Pradesh
Aug-23-1999
Commercial
Carriers Act, 1865 - Sections 8 and 9
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 … Section 8 of the Act is liable to pay for the loss or damage to the consignee. Under Section 9 of the Act, in such a suit filed by the consignor for recovery of loss or damage to
Tag this Judgment! AI Brief & AskPatel Roadways Ltd., (Formerly Patel Roadways Private Ltd.) Vs. Seshas ...
Chennai
Aug-20-2004
Commercial
Carriers Act, 1865 - Sections 2, 6, 9 and 10; Marine Insurance Act; Motor Vehicles Act
II(2005)ACC174; 2006ACJ2802
broken condition, for which a notice was issued, claiming compensation for the damages under Section 10 of the Carriers Act, 1865.(c) The defendant carrier admitting and acknowledging the damages caused to 16 numbers of Insulators, issued certificate also on … the criminal act of the carrier. In this context, we have to remember certain provisions of the Act.15. Section 9 of the Act reads,'In any suit brought against a common carrier for the loss, damage or non-delivery of
Tag this Judgment! AI Brief & AskRoad Transport Corporation and ors. Vs. Kirloskar Brothers Ltd. and or ...
Mumbai
Apr-10-1980
CommercialContract
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
AIR1981Bom299; (1981)83BOMLR173; 1981MhLJ855
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 … also not assist the defendants to escape from their liability, is also unassailable. In fact the provisions of Section 9 of the said Act are too unambiguous to be emphasised here and under these provisions the plaintiff No.
Tag this Judgment! AI Brief & AskIndian Drugs and Pharmaceuticals Ltd., Hyderabad Vs. Savanji Transport ...
Andhra Pradesh
Aug-25-1978
Commercial
Carriers Act, 1865 - Sections 9 and 10; Limitation Act, 1963 - Schedule - Article 10
AIR1979AP41
First, I will take up the question whether the suit is barred by limitation. S. 10 of the Carriers Act, 1865 reads as follows:-'Notice of loss or injury to be given within six months.-No suit shall be instituted against … the goods, but found 26 packages (17 cases of Apidin Tablets and 9 cases of APC tablets) in a damaged condition. So, they sent back … or injury within six months. It does not speak of any period of limitation.7. A reading of the Section shows that a suit cannot be instituted against a common carrier for the loss of, or injury to.
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