goods under Section 41 of the Sale of Goods Act which runs thus:
41. Buyer's right of examining the goods.- (1) Where goods ... insurance
claim would show that the goods were damaged in transit and that the
damaged goods were not supplied. Mr. Kamdar sought to rely upon
realised by the plaintiff by putting to use the damaged goods in question, the plaintiff was held entitled to damages ... other words, it would mean that by putting to use the damaged goods and securing their value the allowance would have to be made
payment by deciding the claim of Insurance Policy in respect of damaged goods which were covered by the said policy. In spite of the correspondence ... submission, it has been submitted in the written statement that the goods damaged were not covered by the said policy. It has been submitted that
goods, that took place or was when the goods were being handled on the lines of the Central Railway.. No part of the damage took ... that the damage took place on the lines of the Central Railway, and no part of the damage took place while the goods were being
barge owner was exempt from liability "for any loss or damage to goods which can be covered by insurance". The barge was sunk ... damage is proved to arise from the carrier's negligence, and words 'for any loss of or damage to goods which
been that an action for negligence in respect of loss
or damage to goods could not succeed unless plaintiff was, at the time of
tort ... duty of care to the plaintiff at the time when goods
were damaged.
21.5 In paragraph 5-111, Page 236 from the book "Carver
held in the Patna case, that the loss of or damage to the goods entrusted to a bailee was prima facie evidence of negligence ... inherent defect or weakness in the goods themselves. were both cases where the goods were found damaged due to rain. In both the cases
Loksatta on 6th August, 2005 inviting bids for sale of the
damaged goods. In response to the said advertisement, 19 bidders
submitted their quotations ... loss after taking
into consideration the salvage value of the damaged goods at
Rs.50.00 lakhs and excess at 5%. The surveyors recommended
that report as correct; (4) that the loss or damage to the goods was not pointed out by the plaintiffs or acknowledged by the Docks ... damage was not ascertained. To ascertain means to find out the fact of damage. It is not necessary for ascertainment of damage that an evaluation
lading will show the
goods required to be shipped and exported. The goods may be
clean or damaged. If the goods are damaged ... port authority showing the kind of damage and the extent of
damage to the goods to be shipped. The plaintiff held the shipper
responsible
