Supreme Court of India · 2007-12-05
Shipping Corporation Of India Ltd vs M/S. Bharat Earth Movers Ltd. & Anr
- Citation / case number
- AIR 2008 SUPREME COURT 728
- Court
- Supreme Court of India
- Petitioner
- Shipping Corporation Of India Ltd
- Respondent
- M/S. Bharat Earth Movers Ltd. & Anr
- Author
- S.B. Sinha
- Bench
- S.B. Sinha, G.S. Singhvi
Judgment text excerpt
The Supreme Court addressed the applicability of the Indian Carriage of Goods by Sea Act, 1925 vis-a-vis the Japanese Carriage of Goods by Sea Act, 1992 in a case concerning damage to a consignment during transit. The Court held that the Indian Act governs the contract of carriage, affirming the lower court's ruling that the appellant is liable for damages as the cargo was under their charge at the time of damage. The Court also clarified the limits of liability under the Indian Act, rejecting the appellant's claim for limited liability under the Japanese Act.