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Search Results for "damaged consignment"

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Supreme Court

Supreme Court Upholds Insurance Claim for Helicopter Damage During Transit — Storage and Assembly at Intermediate Point Held Within 'Ordinary Course of Transit' Under Marine Insurance Policy. The court affirmed that a transit marine insurance policy covers the entire journey from origin to final destination, including intermediate halts for assembly, and repudiation of claim amounts to deficiency in service.

1 Jan 2020

The case involves a dispute between Bajaj Allianz General Insurance Co Ltd (appellant) and the State of Madhya Pradesh (respondent) regarding a transi...

High Court

Bombay High Court Dismisses Union of India's Appeal in Railway Short Delivery Case. Railway Claims Tribunal's Award of Compensation for Short Delivery of B.P. Sheets Upheld as Appellant Failed to Prove Absence of Negligence Under Railways Act, 1989.

17 Oct 2019

The case involves an appeal by the Union of India against the judgment and order dated 3.6.1996 passed by the Railway Claims Tribunal in Case No. OC 9...

High Court

Bombay High Court Dismisses Admiralty Suit for Cargo Damage Claim Due to Lack of In Rem Jurisdiction and Limitation Bar. The court held that the vessel was not within Indian territorial waters at the time of suit filing and the claim was time-barred under the one-year limitation period under Article III Rule 6 of the Hague Rules.

28 Aug 2019

The plaintiff, Elecon Engineering Company Limited, filed an admiralty suit in rem against the vessel 'Rickmers Dubai' and other defendants for recover...

High Court

Bombay High Court Dismisses Challenge to Arbitral Award in Steel Coils Supply Dispute — Non-Conforming Goods Justify Rejection and Damages. The court upheld the arbitral award granting damages for breach of contract where goods did not meet specifications under the contract for sale of goods.

20 Aug 2014

The petitioner, JSW Steel Ltd., challenged an arbitral award dated 28th May 2013 under Section 34 of the Arbitration and Conciliation Act, 1996. The d...

High Court

Bombay High Court Allows MSEB's Appeal and Dismisses Railway's Appeal in Goods Damage Claim — Railway Administration Held Liable for Negligence in Transit. Carrier's Duty of Care Under Section 72 of Railways Act, 1989 Requires Proof of Reasonable Care; Failure to Provide Open Wagon Cover or Proper Handling Constitutes Negligence.

8 May 2014

The case involves two cross-appeals arising from a common judgment of the Railway Claims Tribunal, Nagpur, concerning damage to a consignment of elect...

High Court

Bombay High Court Dismisses Plaintiff's Claim for Short-Landed Cargo Due to Lack of Evidence and Limitation. The court held that the plaintiff failed to prove that the consignment was loaded on board the vessel and that the suit was barred by limitation under the Indian Carriage of Goods by Sea Act, 1925.

27 Sep 2013

The plaintiff, Wallace Pharmaceuticals Pvt. Ltd., filed a suit for recovery of US$154,000 representing the CIF value of 40 drums of Lincomycin HCL BP ...

High Court

Bombay High Court Dismisses Railway's Appeal Against Award for Damaged Consignment Due to Fire — Railway Failed to Prove Absence of Negligence Under Section 73 of Indian Railways Act, 1989. The consignment of stable bleaching powder was delivered after 8 months in damaged condition; the Railway's defence of fire due to chemical reaction was not substantiated by evidence.

12 Sep 2012

The appeal arose from an order of the Railway Claims Tribunal, Nagpur Bench, dated 17.10.1996, directing the appellant, Union of India representing th...

High Court

Bombay High Court Dismisses Petition Challenging Arbitral Award in Defence Transport Contract Dispute. Contractor Held Liable for Loss Despite Alleged Insistence by Respondent on Unsuitable Trailer.

10 Mar 2010

The petitioner, Shiv Ganga Transport Private Limited, entered into a contract with the respondent, the President of India through the Commandant, Emba...

High Court

Bombay High Court Allows Union of India's Appeal in Railway Claims Case — Claim for Non-Delivery of Onions Held Time-Barred Under Section 78B of Railways Act, 1890. Notice of Claim Given After Six Months from Date When Delivery Ought to Have Taken Place, Hence Claim Not Maintainable.

11 Feb 2010

The appellant, Union of India, represented by the General Managers of Central and Northern Railways, appealed against the judgment and decree of the R...

High Court

Bombay High Court Dismisses Suit Against Carrier for Short Delivery of Goods Due to Lack of Privity of Contract and Limitation. Bill of Lading Holder Cannot Sue Carrier When Goods Were Delivered to Consignee Without Endorsement of Original Bill of Lading.

4 Aug 2006

The plaintiff, M/s. J. Harkishandas & Co., a partnership firm, filed a suit against the first defendant, Lloyd Triestino, a foreign shipping company, ...

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