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    Carriage by Land Legislation Relating To Carriage

    Uploaded by

    Abha Kumari
    This document discusses carriage by land, sea, and air under Indian law. It specifically focuses on common carriers by land, defined under Indian law as any individual, firm, or company (other than the government) that transports goods as a business over land or inland waterways for money without discriminating between consignors. The key characteristics of a common carrier in India are that it can be a firm, individual, or company but not the government; it only carries goods, not passengers; it carries goods as a business for money; it carries goods of any person without discrimination; and the term only applies to carriage by land or inland waterways.

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    Carriage by Land Legislation Relating To Carriage

    Uploaded by

    Abha Kumari
    60 views3 pages
    This document discusses carriage by land, sea, and air under Indian law. It specifically focuses on common carriers by land, defined under Indian law as any individual, firm, or company (other than the government) that transports goods as a business over land or inland waterways for money without discriminating between consignors. The key characteristics of a common carrier in India are that it can be a firm, individual, or company but not the government; it only carries goods, not passengers; it carries goods as a business for money; it carries goods of any person without discrimination; and the term only applies to carriage by land or inland waterways.

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    important laws on carriage

    Original Title

    Law of Carriage (1)

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    This document discusses carriage by land, sea, and air under Indian law. It specifically focuses on common carriers by land, defined under Indian law as any individual, firm, or company (other than the government) that transports goods as a business over land or inland waterways for money without discriminating between consignors. The key characteristics of a common carrier in India are that it can be a firm, individual, or company but not the government; it only carries goods, not passengers; it carries goods as a business for money; it carries goods of any person without discrimination; and the term only applies to carriage by land or inland waterways.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    60 views3 pages

    Carriage by Land Legislation Relating To Carriage

    Uploaded by

    Abha Kumari
    This document discusses carriage by land, sea, and air under Indian law. It specifically focuses on common carriers by land, defined under Indian law as any individual, firm, or company (other than the government) that transports goods as a business over land or inland waterways for money without discriminating between consignors. The key characteristics of a common carrier in India are that it can be a firm, individual, or company but not the government; it only carries goods, not passengers; it carries goods as a business for money; it carries goods of any person without discrimination; and the term only applies to carriage by land or inland waterways.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 3

    CARRIAGE BY LAND

    LEGISLATION RELATING TO CARRIAGE


    The law relating to carriage may be studied under three heads:
    (i) Carriage by Land, including inland navigation,
    (ii) Carriage by Sea and
    (iii) Carriage by Air.
    This is a convenient classification because these three branches of the law of carriage are
    governed by different principles and different statutes. Indian statutes relating to the law of
    carriage are mentioned below :
    l. Carriage by Land
    (i) The Common Carriers Act, 1865, which deals with - Common carriers of goods over land and
    inland water ways.
    (ii) The Railways Act, 1890, which deals with carriage by railways.
    2. Carriage by Sea
    (i) The Indian Bills of Lading Act, 1856.
    (ii) The Carriage of Goods by Sea Act, 1925.
    (iii) The Merchant Shipping Act, 1958.
    (iv) The Marine Insurance Act, 1963.
    3. Carriage by Air-Carriage by Air Act, 1972.
    The statutes mentioned above are not exhaustive. On all points not specifically covered by them,
    Indian courts apply principles of English law as rules of equity and goods conscience.
    CARRIERS: DEFINITION, CLASSIFICATION AND CHARACTERISTICS
    Definition
    Any person or an organisation, by an express or implied contract, with or without remuneration,carries goods and/or passengers, is called a Carrier. Government services can be called carrier if
    it comes within the above definition, e.g., Indian Railways

    Carriers may be classified into carriers of goods and carriers .


    of passengers. The same carrier may of course carry both goods and passengers.
    It is more usual to classify carriers into Common Carriers or Public Carriers, and Private
    Carriers.
    Common Carriers or Public Carriers
    In English law a Common carrier is defined as one who undertakes to carry for hire, from place
    to place, the goods of anyone who employs him. The essential features of a common carrier,
    according to English law, is that he is prepared to carry the goods of anyone without
    discrimination. If a carrier reserves to himself the right to reject an offer (even if there is accom
    modation in the carriage and the offeror is prepared to pay the usual freight) he is not a common
    carrier. (Belfast Rope work Co., v. Bushell). Example : A lorry of a Transport Company or a
    Tempo.
    In Indian law the term common carrier is used in a restricted sense. The Common Carriers Act of
    1865 defines a common carrier as any individual, firm; or company (other than the government)
    who transport goods, as a business, for money, over land or inland waterways, without
    discrimination between different consignors.
    Is the Post-Office a Common Carrier ?
    The post office is not a common carrier. It is not an agent of the sender to deliver a postal article
    to the addressee. 1t is really a branch of the Public Service providing postal services subject to
    the provisions of the Post Office Act and the rules made there under.
    A resident of India sent value-payable article to an addressee in Pakistan and the Pakistan
    Government, though realised the value of the article, did not hand it over to the Government of
    India. Held, the Government of India is not liable. Union of India v Mohd Nazim.
    Characteristics of Common Carriers
    The characteristics of a common carrier in India are as follows:
    1. It may be a firm or an individual or a company. But the government is not included in the
    category. The post office is not a common carrier, although it may carry goods.
    2. Only carriers of goods come within the definition. A carrier of passengers is not a common
    carrier.
    3. A common carrier is one who carries goods for business and money. From this it follows that
    one who carries goods occasionally is not a common carrier. Also one who carries goods free is
    not a common carrier.

    4. A common carrier is one who is ready to carry the goods of any person without any
    discrimination.
    5. The term common carrier is applied only in the case of carriage by land and over inland waterways.

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