have obtained and delivered it. (i) A delivers to B, a common carrier, a machine, to be conveyed, without delay, to A's mill, informing
distribution licensee with respect to such supply shall be of a common carrier providing non-discriminatory open access. (4) Where the State Commission permits
Section 9 in The Carriers Act, 1865
9. Plaintiffs, in suits for loss, damage, or non-delivery, not required ... prove negligence or Criminal Act .-In any suit brought against a common carrier for the loss, damage or non-delivery of [goods (including container, pallet
given within six months ]
.-No suit shall be instituted against a common carrier for the loss of, or injury to, [goods (including container, pallet
Court held that these
sections are based on English common law and also the common
Carriers Act of England. The Court placed reliance on Privy ... Court took note of the position that in common law the
liability of a common carrier is equivalent to that of an
insurer.
Similar view
Section 8 in The Carriers Act, 1865
8. Common carrier liable for loss or damage caused by neglect or fraud of himself or his agent ... Notwithstanding anything hereinbefore contained, every common carrier shall be liable to the owner for loss of or damage to any [property (including container, pallet
laid down as under :
"The common law of England regulating the responsibility of
common carrier was in force at the time of the passing ... more excused." Thus
the general principle of the common law is a common carrier
is insurer of goods which he contracts to carry
State
Commission' for short).
2. The appellant is a 'common carrier' as defined in the Carriers ... provides that no suit (or complaint) could be
instituted against a common carrier for the loss of goods, unless a notice in
writing
Carriers Act, 1865
6. In respect of what property liability of carrier not limited or affected by public notice. Carriers, with certain exceptions, may limit ... liability by special contract .-The liability of any common carrier for the loss of or damage to any [property (including container, pallet or similar article
unless there be something repugnant in the subject or context-
"Common carrier".-"common carrier" denotes a person, other than the Government, engaged in the business