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february 2008

Supreme Court of India · 2008-02-14

FORBES FORBES CAMPBELL & CO. LTD. vs BOARD OF TRUSTEES, PORT OF BOMBAY

Citation / case number
SC 2006/6448
Court
Supreme Court of India
Petitioner
FORBES FORBES CAMPBELL & CO. LTD.
Respondent
BOARD OF TRUSTEES, PORT OF BOMBAY
Author
R.K. AGRAWAL RANJAN GOGOI
Bench
R.K. AGRAWAL RANJAN GOGOI

Judgment text excerpt

The Supreme Court addressed the liability of a steamer agent under the context of goods that remained uncleared at the port, specifically examining whether the agent could be considered the owner of the goods under the relevant statutes. The Court held that the steamer agent does not assume ownership of the goods merely by virtue of being an agent, and thus is not liable for the storage charges incurred due to the consignee's failure to clear the goods. The appeal was dismissed, reinforcing the principle that liability for uncleared goods rests with the consignee, not the agent.

FORBES FORBES CAMPBELL & CO. LTD. vs BOARD OF TRUSTEES, PORT OF BOMBAY · Niyam