The Calcutta Law Journal Short Notes of Cases Articles and other Matters February & 1st March 1930

The parcel was lost in transit and on the consignor filing a suit for compensation it was held that the frames although not articles within the Act were accessories to the things within the Act and were with the principal things in the package which were within the Act and were therefore within the Act so the consignor was not eatitleil to any decree either for the pictures or for the frames. [...] The parcel was lost and on the sender claiming compensation it was held that he was not entitled to the price of the maps as they were articles within the Act nor was he entitled to the value of the case containing the maps on the grou id that the container (i.e. [...] But at the time when Indian Railways Act IX of 1890 was in the anvil the controversies (i) about accessories to articles within the Act (ii) about container of things within the Act being included in the things contained and (iii) about the qaestion of discrimination in granting compensation for articles not within the Act when packed in the same parcel with things within the Act were perhaps con [...] This appears from the words of the section which draws a distinction (i) between the articles mentioed in the schedule and (ii) the parcel or package in which they are contained and provides that the railway administration shall not be responsible for the loss destruction or deterioration of the parcel or p.ichage." This judgment is in direct contravention of the law as laid down in the suit [...] The Plaintiff made no declaration and on the loss of the parcel in transit the Plaintiff filed a suit and the suit having gone up in appeal to the High Court it was held that the suit must fail not only as regards the silk handkerchiefs but also as regards the whole parcel as section 7 5 of the Railways Act of 189o differing in this respect from the former Act (Railways Act IV of 1879) says that