SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

1986 Supreme(Ker) 296

PARIPOORNAN, RADHAKRISHNA MENON, THOMAS
GENERAL TRADERS LTD. – Appellant
Versus
PIERCE LESLIE (INDIA) LTD. – Respondent


Judgment :-

1. Will the liability of a carrier of goods by sea cease on discharge of the cargo from the tackles of the vessel? Can the owner of a ship escape liability, if the ship is chartered by another under a Charter Party? Whether the defendants are entitled to the defence of "act of God" in this particular case? These are the broad questions to be answered in these two connected appeals, though of course, some other ancillary questions also call for determination. A Division Bench of this Court, which heard these appeals, referred them to a Full Bench as the questions involved are "generally important enough to be considered by a Full Bench."

2. Briefly stated, the facts are as follows: "S. S. Lucky Three of Panama Flag" is a vessel owned by the first defendant, Wing on Steamship Company, which carries on business at Hongkong among other places. The said vessel was chartered by M/s. General Traders Limited (2nd defendant), a West Indies based concern, under Charter Party dated 8-1-1972. M/s. Cashew Corporation of India Ltd., a Government of India undertaking, (CCI, for short), engaged the 2nd defendant to transship 15,000 bags of raw cashew nuts of Kenyan origin from Mombasa t



























Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top