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may 1960

Supreme Court of India · 1960-05-03

THE EAST AND WEST STEAMSHIP COMPANY,GEORGE TOWN, MADRAS vs S. K. RAMALINGAM CHETTIAR.(And connected appeal)

Citation / case number
SC 1956/11
Court
Supreme Court of India
Petitioner
THE EAST AND WEST STEAMSHIP COMPANY,GEORGE TOWN, MADRAS
Respondent
S. K. RAMALINGAM CHETTIAR.(And connected appeal)
Bench
GUPTA, K.C. DAS

Judgment text excerpt

The Supreme Court interpreted Clause 3 of Para. 6 of Article III of the Indian Carriage of Goods Act, 1925, clarifying that 'loss' includes any loss to a shipper or consignee due to the carrier's failure to deliver goods. The Court held that the stipulation in the bill of lading requiring claims to be made within one month of the ship's arrival was null and void, affirming that the liability of the carrier is fully discharged only after the stipulated time for claims has elapsed. The Court ruled that the date for delivery is when the ship leaves the port of delivery, thereby upholding the rights of the consignor to claim compensation beyond the one-month limit stated in the bill of lading.

THE EAST AND WEST STEAMSHIP COMPANY,GEORGE TOWN, MADRAS vs S. K. RAMALINGAM CHETTIAR.(And connected appeal) · Niyam