Supreme Court of India · 2007-12-05
SHIPPING CORPORATION OF INDIA LTD. vs M/S. BHARAT EARTH MOVERS LTD.
- Citation / case number
- SC 2005/6440
- Court
- Supreme Court of India
- Petitioner
- SHIPPING CORPORATION OF INDIA LTD.
- Respondent
- M/S. BHARAT EARTH MOVERS LTD.
- Author
- G.S. SINGHVI S.B. SINHA
- Bench
- G.S. SINGHVI S.B. SINHA
Judgment text excerpt
The Supreme Court addressed the applicability of the Indian Carriage of Goods by Sea Act, 1925 and the Japanese Carriage of Goods by Sea Act, 1992 in a dispute regarding damage to a consignment during transit. The Court upheld the findings of the Madras High Court that the Indian Act governs the contract of carriage, rejecting the appellant's argument for the application of the Japanese Act. The Court affirmed the liability of the appellant for damages, emphasizing that the contract was governed by Indian law and the liability was calculated based on the provisions of the Indian Act.