Court : Mumbai
Reported in : AIR1927Bom468; (1927)29BOMLR944
..... the judgment of the lower court must be confirmed and the appeal dismissed with costs.baker, j.3. i agree. i only wish to say that the indian railways act does not lay down that the railway company should be compelled to carry goods at its own risk and no such liability can, in my opinion, be imposed upon it by the wording of the ..... . it turns upon the construction of the risk note in this case and the effect of section 72 of the indian railways act, it may be said before coming to this that it is conceded that for some five years the railway companies in bombay have consistently refused to take goods of the description with which we are now concerned except at owner's ..... by making a form of this kind in accordance with the power given by section 72(2)(b). as i have said there is no obligation on the railway company expressed in the act to carry any particular class of goods at any particular rate, and it would be quite beyond the powers of the governor-general in council, as i understand .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1943Bom52; (1942)44BOMLR916
..... a charge preferred against him under section 109(1) and 120(c) of the indian railways act (ix of 1890). the question raised is one of some importance to railway companies, and to passengers who use the railways, because it involves the right of a railway company to reserve seats for passengers, and to see that the reservation is enforced against ..... compartment, and does not refer to occupying a seat reserved for another. it seems curious that there is no provision in the act, and nothing, we are told, in the rules, expressly enabling a railway company to reserve either compartments or seats. no doubt, the fact that section 109 imposes a penalty for entering a compartment, which ..... in the first class.3. the question which arises is whether the accused committed an offence under section 109, or section 120, of the indian railways act by refusing to vacate the berth reserved for another passenger. section 109 provides that if a passenger, having entered a compartment which is reserved by a .....
Tag this Judgment!Court : Mumbai
Reported in : (1913)15BOMLR890
..... an end to the question. it recognises that since the passing of section 45 of the sale of goods act, 1893, in england there is no force in the distinction -drawn by sir charles sargent in great indian peninsula railway company v. hanmandas ramkison i.l.r.(1889) bom. 57. it is to be noted that sections 102 and 103 are ..... the only sections of the contract act which refer to assignment of documents of title and that section 137 of the transfer of ..... become a bill of lading , because the railway companies employed the bombay steam of navigation company to carry the goods for part of the distance.' i understand that the learned judge meant only that the document would not be a bill of lading within the meaning of section 103 of the contract act, so that its assignment to a pledge would .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1947Bom390; (1947)49BOMLR178
..... departure of the train as provided by sub-section (2) of section 67.6. another complaint made in this court is that under section 63 of the act the railway company was bound to fix the maximum number of passengers which might be carried in each compartment of every description of carriage, and the pilgrim traffic vehicle in which ..... appeal was, therefore, allowed and the plaintiff's suit was dismissed with costs throughout.3. the plaintiff's claim was founded on two grounds, viz. that the railway company had agreed to take him as far as pandharpur in a compartment which is commonly known as 'third class compartment' and which has certain comforts and amenities, and ..... that those comforts and amenities were absent in the pilgrim traffic vehicle in which he had to travel for want of room elsewhere on the train. section 67 of the indian railways act is a complete answer to this contention. sub-section (1) of that section says: -fares shall be deemed to be accepted, and tickets, to be issued, .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1923Bom125; (1922)24BOMLR1140
..... am inclined to think that the plaintiffs' intention was to retain the ownership of the goods until the defendants paid the price (see ram lal v. bhola nath i.l.r. (1920) all. 619. if section 83 of the indian contract act applies to the case, it appears to me ..... contract act does not apply to the present case. the question is, what was the intention of the parties was it the plaintiffs' intention to retain the ownership of the goods until the price was paid, or was it their intention to transfer the ownership to the defendants immediately on delivery of the cars to the railway company i ..... argued for the plaintiffs that the property in the cars passed to the defendants under section 83 of the indian contract act, and that the defendants were, therefore, liable for the price. it was also argued that delivery to the railway had the same effect as delivery to the defendants and that the defendants were, therefore; liable to pay the .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1952Bom421; (1952)54BOMLR428; ILR1953Bom36
..... whether one belonged to that class or not -- entered a compartment reserved for europeans and anglo-indians, and ho was convicted under section 109, indian railways act. the reservation of a compartment for europeans and anglo-indians had been made by the railway company under administrative rules, and the question was whether the conviction was justified. marten j., held ..... the upper berth occupied the lower berth in the same compartment. he was convicted under section 100(1), indian railways act, and sir john beaumont, delivering the judgment, held that the conviction was bad. now, the railway company had passed rules and regulations for reservations of berths, and sir john beaumont pointed out, at page 918, ..... proper season ticket or a proper pass, and, as i said before he has not been convicted by reason of the fact that the railway company has made his act an offence when the statute did not make it an offence. it is the statute itself which lays down that travelling without a proper .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1943Bom453; (1943)45BOMLR816
..... to the estate does not entitle any other heir of the deceased to claim it.8. in janki dm v. east indian railway company i.l.r. (1684) all. 634 a servant in the employment of the east indian railway company had been recommended by the traffic manager a bonus in consideration of his long and good services. this recommendation was sanctioned, ..... it was credited to the account of the deceased employee does not amount to a delivery as contemplated by section 123 of the transfer of property act. the amount in the hands of the company was, therefore, not liable to attachment. in this view it is not necessary to consider whether, after the death of the judgment-debtor's ..... a valid binding gift there must be either delivery or a registered instrument duly signed, as required by paragraph 2 of section 123 of the transfer of property act. the note referred to above further makes it clear that a mere contemplated gift of the gratuity does not amount to completed gift and the actual sanction of .....
Tag this Judgment!Court : Mumbai
Reported in : (1928)30BOMLR275
..... the railway company for each parcel of goods accrued forthwith on the delivery of the goods and the ..... provided that, when articles were delivered for conveyance, the responsibility of the railway for the loss, destruction or deterioration of the articles should be subject to the provisions of section 72 of the indian railways act, 1890, in these circumstances it appears to their lordships that the goods were delivered to the railway company for carriage and were so accepted and that consequently the responsibility of .....
Tag this Judgment!Court : Mumbai
Reported in : (1924)26BOMLR571
..... customers' goods awaiting shipment for chandpur and consigned to chittagong, these could not and would not have been sent along with the cargo taken over from the railway company. in short, the idea of this portion of the river carriage being a temporary and exclusive monopoly for one single customer on special terms entirely disappears.12. ..... appellants without any such special signed contract for limitation of liability.14. what is required in the case of a person who answers the definition under the indian carriers act, viz., of transporting for hire goods from place to place for all persons indiscriminately, is that the nature of the contract entered into must either ..... have the limitation of the liability under the indian carriers act made expressly and in writing or the facts must be such that for the contract in question the contractor was departing from his usual business and .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1918Bom129; (1918)20BOMLR126; 45Ind.Cas.715
..... authority to arrest the plaintiff for the offence for which the company's servants arrested him. that offence was, clearly on the evidence, the pulling of the communication chain 'without reasonable and sufficient cause,' an offence made punishable under section 108 of the indian railways act, .1890. it is unnecessary to decide whether the plaintiff ..... plaintiff, who is a managing clerk in a firm of bombay solicitors, brought the suit to recover damages from the defendant railway company, on account of the wrongful and tor tious acts of their servants, an engine-driver and a guard.2. owing to various admissions made by the parties at the trial, ..... had, or had not, reasonable and sufficient cause. i will assume, in favour of his present suit, that he had not, and that, in consequence, he laid himself open to punishment under section 108. but for this offence, it is admitted that, under the act, the defendant company .....
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