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may 1961

Supreme Court of India · 1961-05-05

THE RIVER STEAM NAVIGATION CO., LT.D vs SHYAM SUNDAR TEA CO., LTD.

Citation / case number
SC 1957/60188
Court
Supreme Court of India
Petitioner
THE RIVER STEAM NAVIGATION CO., LT.D
Respondent
SHYAM SUNDAR TEA CO., LTD.
Bench
GUPTA, K.C. DAS

Judgment text excerpt

The Supreme Court ruled that the determination of whether a carrier is a common carrier depends on its public profession, which can be established through public notice or conduct, as per the Carriers Act, 1865, Section 2. The Court affirmed the High Court's decision that the steamer companies, which publicly professed to be common carriers in the main stream and accepted goods for carriage by boats in tributaries, were liable for the loss of goods during transit. The Court held that the nature of the feeder service did not negate their status as common carriers, regardless of profitability or regularity of service.

THE RIVER STEAM NAVIGATION CO., LT.D vs SHYAM SUNDAR TEA CO., LTD. · Niyam