cover image: The Calcutta Law Journal  August 16  1930

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The Calcutta Law Journal August 16 1930

1930

In making these provisions for protection of common carriers in the case of valuable articles embodied in small compass the English Parliament however did not allow the carrier to be absolved from its common law liability in cases where the loss of or injury to such valuable goods were caused by the felonious acts of the servants of the carrier or when it was due to the negligence or micondu [...] That is (I) in respect of ordinary goods in which the carrier had to shoulder the responsibility of insurers in all cases except where the loss or damage was occasioned by the act of God or by the King's enemies ; and (2) in respect of:valuable goods under the Carriers Act of 1830 in which cases there was to be the liability of insurers if the articles within the Act had been properly declared a [...] servants even if proved leaves the owner of the parcel without any remedy under the Indian Penal Code For when the parcel is once booked it passes from the possession of the owner to that of the railway administration and its theft being a case of removal from the possession of the. [...] If the booking clerk in a hurry takes the passenger at his word and insures the box as requested the passenger on arriving at his destination has only to take delivery of the box and pretending to examine the contents in the presence of the railway servants at the destination station show them that the box which had two hundred and twenty rupees in G. C. notes when booked has only twenty rupees le [...] The assessee lent a sum of money on the 9th January 1924 to D and the parties executed two documents one purporting to be a usufructuary mortgage of the interest of D in certain villages the other a lease from the assessee of the same villages to D. The first question stated by the Commissioner was whether by reason of this transaction the income derived by the assessee was assessable to income
law
Pages
12
Published in
India
SARF Document ID
sarf.120108
Segment Pages Author Actions
Section 75 of the Indian Railways Act IX of 1890
23-34 Ashutosh Mukerji, Ramendra Majumdar view

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