consignee was bound to take delivery of the goods even if the goods had become totally damaged and unusable for him. There is no finding ... Railways, even the damaged consignment had been auctioned at Rs. 6,305/-. The price fetchd by auctioning the damaged goods cannot be treated as true
loss or damage to the goods ordinarily vests in the consignor. Where the goods lost or damaged in transit are the subject-matter ... even in cases where the goods are carried at owner's risk rate if the goods got damaged or deteriorated as a, result
goods that were offered were "unclaimed goods" within the meaning of Clause 5. Secondly, there is no evidence that the goods offered ... consignee. The words, "the goods" do not in my view, mean "different goods" or "damaged goods" or "substituted
damage loss or deficiency and that officer is authorised to ascertain the loss or damage or deficiency before the goods are removed from the harbour ... loss or damage or deficiency and such other matters. The Traffic Manager, however, has to ascertain loss, damage or deficiency before the goods are removed
INDIA LTD. AND ORS.
goods are released. The bare fact of non-release of goods
will not render the goods without any legal relationship ... preserve
the goods in the manner possible. It is beyond dispute that
after re stuffing of goods subsequent to custom checks, the
goods remained with
lost
or damaged it is necessary to inquire how the loss or damage
occurred; where however, a common carrier of goods is
seeking relief from ... damage results therefrom he will be
liable, it is unnecessary to inquire how the loss or damage
occurred; where however, a common carrier of goods
landing of goods at Tuticorin and the custody of goods by carriers during the interval between the placing of the goods on the foreshore ... liability in respect of the goods had not come to an end at the time the goods were damaged, I am of opinion that
January, 1950. The goods were despatched, under railway risk. The wagon containing the goods was attached to a goods train 743 Up, which ... that-
"When anyone has entrusted goods to a railway company for carriage and those goods are lost, damaged or destroyed while in the possession
goods against fire--Goods destroyed by exploi-
sion--Liability of agent--Bombay Explosion (Compensation)
Ordinance, 1944, ss. 14,18--Ordinance grantinq compensa-
tion for damage ... proved loss" in cases of loss or damage to goods
which had been insured against fire, etc. and smaller
amounts for loss or damage
landing of goods at Tuticorin and the custody of goods by carriers during the interval between the placing of the goods on the foreshore ... liability in respect of the goods had not come to an end at the time the goods were damaged, I am of opinion that
