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1 - 4 of 4 (0.22 seconds)Section 8 in The Carriers Act, 1865 [Entire Act]
Section 3 in The Carriers Act, 1865 [Entire Act]
Amin & Co. vs Southern Roadways Ltd., Madurai on 25 January, 1984
In this regard, the learned Counsel would rely upon the ruling reported in Amin and Co. v. Southern Roadways Ltd. 1985 ACJ 521 (Madras). In it, it was held that the carrier could not be held responsible if original way bill was produced by someone who was not authorised by the plaintiffs to take delivery, unless there were other extraordinary circumstances which should have put the defendants on caution requiring them to take more precautions than that was normally expected. In the instant case, it is the positive finding of fact by the lower Appellate Court that there was no negligence or misconduct on the part of the servants of the second defendant. While so, normal consequence should be that the second defendant is not liable for the suit claim, since the carrier should not be held liable in such circumstances. Sections 8 and 9 of the Carriers Act, 1865, are relevant sections in this regard. They read as follows:
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