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Search Results for "carrier material"

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High Court

Bombay High Court Allows Recovery Suit Against Carrier for Short Delivery of Pharmaceutical Cargo Under Carriage of Goods by Sea Act, 1925. Carrier Held Liable for Missing Cartons Despite Claim of Limited Liability as Value Was Declared in Bill of Lading.

9 Sep 2005

The plaintiffs, M/s. Unique Pharmaceutical Laboratories, filed a suit for recovery of Rs. 11,32,583/- with interest against the defendants, M/s. Stalc...

Supreme Court

Supreme Court Allows Appeal Against Rejection of Counter-Claim Under Order VII Rule 11 CPC — Counter-Claim Not Barred by Carriage by Road Act, 2007 as It Arose from Same Transaction and Was Not Excluded by Special Law. The Court held that a counter-claim for damages for loss of business opportunity, reputation, and idling of resources is not barred by Section 23 of the Carriage by Road Act, 2007, as such claims are not within the jurisdiction of the Claims Tribunal.

1 May 2023

The appellant, ESSEMM Logistics, was the first defendant in a suit filed by the first respondent, DARCL Logistics Limited, for recovery of Rs.4,09,53,...

High Court

Bombay High Court Hears Admiralty Suit for Recovery of Value of Goods Lost Due to Non-Issuance of Bill of Lading. Claim Against Vessel Owner and Agent for Breach of Duty Under Carriage of Goods by Sea Act is Examined.

9 Aug 2005

This admiralty suit was filed by the plaintiff, Geetanjali Woollen Pvt. Ltd., seeking recovery of US$ 57,860 with interest for the loss of export good...

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

High Court of Bombay Dismisses Railway's Appeal in Goods Overcharge Claim — Burden of Proof on Carrier for Short Delivery Under Section 73 of Railways Act, 1989. The court upheld the Railway Claims Tribunal's award of compensation for short delivery of steel rails, holding that the railway failed to prove delivery in full.

16 Aug 2010

The case involves an appeal by the Union of India (representing South Eastern Railway, Central Railway, and South Eastern Railway) against an order of...

High Court

High Court of Karnataka Allows Appeal in Insurance Subrogation Case — Appellant Not Liable for Consignee's Loss Without Privity of Contract. The court held that a carrier cannot be held liable for damages to goods where the consignor had no insurable interest and the consignee was not a party to the contract of carriage.

17 Jun 2019

The appellant, M/s. Blue Dart Express Ltd., was the defendant in a suit filed by respondents M/s. Entel Limited (plaintiff No.1) and United India Insu...

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 Petitions Challenging Arbitral Award in Charter Party Dispute — Award Upheld as Not Contrary to Public Policy. Court Refuses to Interfere with Arbitrator's Findings on Demurrage and Hire Charges Under Section 34 of Arbitration and Conciliation Act, 1996.

6 Jun 2011

The judgment concerns two arbitration petitions filed under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitral award da...

High Court

Bombay High Court Hears Challenge to Sales Tax Assessment on Inter-State Movement of Brahmos Missiles for Job Work. The Court Examines Whether Transfer of Goods for Warhead Integration Constitutes Inter-State Sale Under Central Sales Tax Act, 1956.

10 Jan 2017

The judgment, though incomplete in its provided excerpt, deals with a writ petition filed by BrahMos Aerospace Private Limited, a joint venture betwee...

High Court

Bombay High Court Upholds Revenue's View that BEST Undertaking is a Dealer Under Bombay Sales Tax Act, 1959 — Transport Service for Hire Constitutes Business Even Without Profit Motive. The court held that the definition of 'dealer' under section 2(11) and 'business' under section 2(5A) of the Bombay Sales Tax Act, 1959, includes municipal transport undertakings providing services for consideration, and the burden of proving absence of profit motive lies on the assessee.

7 Jul 2005

The case involves a reference under the Bombay Sales Tax Act, 1959, at the instance of the BEST Undertaking, which is a municipal entity established u...

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