http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 1 of 15
PETITIONER: THE EAST AND WEST STEAMSHIP COMPANY,GEORGE TOWN, MADRAS
Vs.
RESPONDENT: S. K. RAMALINGAM CHETTIAR.(And connected appeal)
DATE OF JUDGMENT: 03/05/1960
BENCH: GUPTA, K.C. DAS BENCH: GUPTA, K.C. DAS GAJENDRAGADKAR, P.B. WANCHOO, K.N.
CITATION: 1960 AIR 1058 CITATOR INFO : R 1972 SC1405 (57) RF 1972 SC1935 (11)
ACT: Carrier of goods by sea-Loss or damage, meaning of-Liability of carrier-Delivery of goods-Time for-The Indian Carriage of Goods Act, 1925 (XXVI Of 1925), Schedule, Art III, Para. 6, cl. 3.
HEADNOTE: The appellant in the first case (C. A. No. 88/56) and the respondents in the other two cases (C. As. Nos. 91 & 92 of 1958) were shipping companies carrying goods by sea from one port to another. They carried goods of the opposite parties by ships to their places of destination but failed to deliver the whole of the goods consigned. In the suits brought by the owners of the goods for compensation the main question related to the interpretation of the 3rd clause of para. 6 of Art. III in the Schedule to the Indian Carriage of Goods by Sea Act, 1925 (XXVI Of 1925) which runs thus:- " In any event the carrier and the ship shall be discharged from all liability in respect of loss or damage unless suit is brought within one year after the delivery of the goods or the date when the goods should have been delivered ". In the first case the Mad...