incident is a must. No notice was served under Section 10 of
the Carriers Act.
ii) The defendant is not a party to the said ... against the common carrier
even in the absence of notice as mandatorily promised for under
Section 10 of the Carriers Act. In support
that Samkrg Pistons did not issue mandatory notice
required under Section 10 of Carriers Act, 1865 within six months
and there was no mention about ... suit is not maintainable for want of notice
under Section 10 of Carrier Act, 1865 as pleaded in the
written statement?
3) To what relief
that Samkrg Pistons did not issue mandatory notice
required under Section 10 of Carriers Act, 1865 within six months
and there was no mention about ... suit is not maintainable for want of notice
under Section 10 of Carrier Act, 1865 as pleaded in the
written statement?
3) To what relief
Act, 2007 (new Act) which came into force
with effect from 20.07.2010 repealing the Carriers
Act, 1865 .
6. The Carriers Act, 1865 vide Section 10 ... 10. The aforesaid Section 16 of the new Act is more
or less in pari materia with the Section 10 of the
Carriers Act
held:
"7. The above Section 10 of the Carriers Act, 1865
for convenience's sake is reproduced hereinbelow:
"10. Notice of loss ... 10. The aforesaid Section 16 of the new Act is more
or less in pari materia with Section 10 of the Carriers
Act, 1865 which
Section 16 of the Act of 2007. In repeated Act, of
1865, a parimateria provision under Section 10 was there. Section
10 of Carriers Act ... replaced with Section 16 of Carriage
by Road Act, 2007 and same is read as under:
"Notice for Institution of a suit: No suit
10) [CFA-130/1990]
No.4. The learned counsel canvassed that to fulfill the requirement
of Section 10 of the Carriers Act, 1865 (hereinafter referred ... maintainability of the suit under the Carriers Act, 1865 ,
the plaintiff is required to comply with Section 10 of the Act of
1865 which mandates
loss.
4.3. The first plaintiff had issued notice under Section 10 of the
Carriers Act to the defendant on 18.03.2002 which was duly acknowledged ... Section 10 of the Carriers Act within six months stipulated in the Act. The
alleged notice dated 18.03.2002 under Section 10 of the Act
Act of the year 2007 - The
Carriage by Road Act . Sec.10 reads as under:
"Liability of common carrier -
(1) The liability ... provisions of Sec.79 of the Marine Insurance Act as well as the
Sec.10 of the Carriage by Road Act 2007, admittedly, the
machine
Road Act 2007. Section 10 of the Carriage by
Road Act, 2007 , which is relevant, is as follows;
10. Liability of common carrier ... Goods Act
1865. However, it is to be noted that, by Section 22 of
Carriage by Road Act 2007, the Carrier Act 1865 has been
