cover image: The Calcutta Law Journal  Short Notes of Cases  Articles and other Matters  April  May & 1st June 1929

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The Calcutta Law Journal Short Notes of Cases Articles and other Matters April May & 1st June 1929

1929

Carriers according to the English definition of the term and the Indian Railways Act XVIII of r854 and the Indian Carrier' Act III of 1865 having omitted to define the duties and responsibilities of Common Carriers the English common law had to be resorted to for defining the duties and responsibilities of Railways in India. [...] The plaintiffs filed a suit and the question arose whether the defedants were common carriers according to the English common law rules and were therefore insurers of the goods against all risks except the act of God or the King's enemies or were they entitled to take the benefit of the Indian Contract Act of 1872. [...] The die-illusionment of the idea of the Railways in India as carriers of goods being bailees governed in ordinary cases by the bailment sections of the Contract Act 1872 began with the judment of the Calcutta High Court in the case of Aloheszvar Das v. Carter. [...] In this case the Catirt held that as the Indian Railways Act IV of 1879 repealed the Railways Act of 1854 and also repealed all the provisions of the Carriers' Act III of i865 which related exclusively to carriers by railway it therefore followed that after the passing of the Indian Railways Act IV of 1879 the liability of carriers by railway in India was not limited to a liability for neglig [...] The accused in this case must be regarded as the owner of the house and not the owner of the land within the meaning of section 45 Criminal Prcedure Code and the duty of giving such information is cast only on the owner of land and is not extended to the owner of a house.
law
Pages
16
Published in
India
SARF Document ID
sarf.120108
Segment Pages Author Actions
The Calcutta Law Journal Short Notes of Cases Articles and other Matters April May & 1st June 1929
31-46 Ashutosh Mukerji, Ramendra Majumdar view

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