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Murari Lal and ors. Vs. Delhi Cloth and General Mills Co. Ltd. and ors ...
Delhi
Aug-08-1979
Motor Vehicles
Carriers Act, 1865 - Sections 10; Evidence Act, 1872 - Sections 164
18(1980)DLT67
10 of the Carriers Act 186 and, thereforee, the plaintiffs' suit was not competent. Section 10 of the Carriers Act 1865 reads: 'NOsuit shall be instituted against a common carrier for the loss of, or injury to, goods entrusted … the requirements of S. 10 of the Carriers Act 186 and, thereforee, the plaintiffs' suit was not competent. Section 10 of the Carriers Act 1865 reads: 'NOsuit shall be instituted against a common carrier for the loss
Tag this Judgment! AI Brief & AskMeet Road Lines Vs. United India Insurance Company and ors.
Andhra Pradesh
Jul-12-2005
Civil
Carriers Act, 1865 - Sections 3, 6, 8, 9 and 10; Evidence Act, 1872 - Sections 101 to 104; Contract Act - Sections 190 and 191
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 … that the legal notice is barred by limitation in view of Section 10 of the Act. The learned Counsel also pointed out to the evidence … Corporation v. Kirloskar Brothers Ltd., : AIR1981Bom299 a Division Bench of the Bombay High Court while dealing with Sections 8 and 9 of the Act held at paras 9 and 46 as hereunder :'Once these are admitted,
Tag this Judgment! AI Brief & AskTransport 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 … receipt of letter intimating consignor that it was trying to locate consignment is not barred by limitation. -- Sections 3 & 8: Contract for service Held, When a person entrusts goods to a common carrier for transportation … Bharuch, the consignee being 'self.' The Appellant issued Consignment Note/Lorry Receipt dated 10.5.1996 to the Respondent in that behalf, wherein the declared value of the
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Oriental Insurance Co. Ltd. and Another Vs. Vaishali Transport Forward ...
Karnataka
Aug-30-1991
Company
Carriers Act, 1865 - Sections 10; Code of Civil Procedure (CPC), 1908 - Order 6, Rule 6
[1992]75CompCas296(Kar); 1991(3)KarLJ198
the ground that notice to the common carrier was not issued as contemplated under section 10 of the Carriers Act, 1865 ?' 2. The undisputed facts are, on April 30, 1987, a consignment consisting of clothes was entrusted to … to give explanation - Order of Trial Court set aside. - Section 17(c); [V. Jagannathan, J] Offence under Sections 13(h)(e) r/w Section 13(2)- Persons authorised to investigate Held, Investigation conducted by Police Officer below the rank of
Tag this Judgment! AI Brief & AskSavani Transport Pvt. Ltd. No. 234-A. Kamarajar Salai, Madurai Vs. M/S ...
Chennai
Mar-24-2000
Insurance
Carriers Act, 1865 -- Sections 10; Evidence Act, 1872 -- Sections 91, 92 and 94
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 … effect is correct and the same is hereby confirmed.13. The learned counsel appearing for the appellant relied on Sections 91, 92 and 94 of the Evidence Act and argued that when the contract is reduced in writing,
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. … v. Bugwandas, ILR (1891) 18 Cal 620 : 18 Ind App 121 as follows :'The combined effect of Sections 6 and 8 of the Act of 1865 is that, in respect of property not of the description … in Moolhora Kant Shaw v. India General Steam Navigation Company, ILR (1883) 10 Cal 166. One of the learned Judges, Mitter J., observed that the
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)
The further contention of the petitioner is that no notice under Section 10 of the Carriers Act, 1865, has been issued, giving of which was … 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 … It is sufficient to say that we consider that the most accurate exposition of the meaning of such sections is that of Beaumont C. J. (as he then was) in Bell and Co, Ltd. v. Waman Hemraj,
Tag this Judgment! AI Brief & AskBasavaraj Yellappa Pundi Vs. the National Insurance Company Limited an ...
Karnataka
Feb-11-2005
Civil
Carriers Act, 1865 - Sections 3, 4, 6, 8, 9 and 10; Indian Contract Act - Sections 151 and 152; Transfer of Property Act - Sections 130(1) and 130(2); Marine Insurance Act; Code of Civil Procedure (CPC) - Sections 20 - Order 6, Rule 6 - Order 3, Rule 1 and 2
2006ACJ638; AIR2005Kant369; ILR2005KAR3403; 2005(5)KarLJ388
him.22. The main argument of the Learned Counsel in this appeal was with regard to Section 10 of Carriers Act, 1865, which reads as under:'Section 10: Notice of loss or injury to be given within six months. No suit … to vehicle for reasons beyond its control with liability denied also on grounds of plaintiff s non-compliance with Sections 3 and 4 of the Act and protection under terms of G.C.Note. Suit being decreed, in appeal, on
Tag this Judgment! AI Brief & AskM.G. Brothers Lorry Service Vs. Prasad Textiles
Supreme Court of India
Apr-28-1983
Commercial
Carriers Act, 1865 - Sections 6, 8 and 10; Code of Civil Procedure (CPC) - Sections 100A; Carriers (Amendment) Act, 1899 - Sections 10
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. … appeal must, therefore, be upheld. These appeals accordingly fail and are dismissed with costs. Commercial - liability - Sections 23 and 28 of Indian Contract Act, 1872 and Sections 6, 8 and 10 of Carriers Act, 1865
Tag this Judgment! AI Brief & AskTransport Corporation of India Ltd. Vs. National Seeds Corporation Ltd ...
Andhra Pradesh
Nov-28-1984
Commercial
Carriers Act, 1865 - Sections 10
I(1986)ACC224; AIR1986AP1
since none has appeared for the respondents. 13. Appeal dismissed. Commercial - freight charges - Section 10 of Carriers Act, 1865 - appellants are common carriers of goods - appellants entrusted with goods of respondents for delivery at different … or damage of the seeds entrusted for delivery to the appellant without notice u/s. 10 of the Act.11. Section 10 of the Act, could be availed of only in a case where the consignor seeks to recover
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