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

1949 Supreme(Mad) 414

GOVINDA MENON
The Governor-General in Council owning the Madras and Southern Mahratta Railway represented by the General Manager – Appellant
Versus
Messrs. Khadi Mandali represented by its Managing Partner Ramachandra Hanumantha Rao – Respondent


Advocates:
V.K. Ramanatha Aiyar for King and Partridge for Petitioner.
K. Ramachandra Rao for Respondent.

Judgment

The main and important point for consideration is whether the suit is barred under Article 30 or Article 31 of the Indian Limitation Act. The plaintiff’s suit was for recovery of the price of certain goods, namely, bales of cotton cloth which had been lost by the defendants who are common carriers during the course of the transit of the articles from Rajapalayam to Guntur. It is common ground that the goods in question were handed over to the South Indian Railway Company on 7th September, 1944, at Rajapalayam for despatch to Guntur. It is also proved beyond doubt that these goods reached the Tondiarpet Marshalling Yard in the Madras City on the midnight of 17th September, 1944, and that some time later the goods were lost. On enquiries made by the Railway Company, it was found that a gang of thieves had opened the wagon in the Yard and carried away the packages. Since the goods were not delivered at the destination to the plaintiff, who was the consignee of these goods, in proper time, the suit was for recovery of a sum of money, being the price of the goods as the damages for nondelivery of the goods. Exs. P-4 to P-22 are letters between the parties, by which the question









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