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december 2007

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.

Shipping Corporation Of India Ltd vs M/S. Bharat Earth Movers Ltd. & Anr · Niyam