<?xml version="1.0" encoding="UTF-8"?>
<?xml-stylesheet type="text/xsl" href="https://www.taxtmi.com/rss_sitemap/rss_feed_blog.xsl?v=1750492856"?>
<rss version="2.0" xmlns:atom="http://www.w3.org/2005/Atom">
  <channel>
    <title>2018 (4) TMI 1954 - CALCUTTA HIGH COURT</title>
    <link>https://www.taxtmi.com/caselaws?id=309272</link>
    <description>Territorial jurisdiction was upheld where the claim was founded not only on the bill of lading but also on wrongful delivery, negligence and conversion, and part of the cause of action arose at Calcutta. Limitation and contractual time-bar objections failed because the claim was treated as one for wrongful delivery without production of the original bill of lading, not a mere cargo-loss claim. The agency defence under Section 230 of the Indian Contract Act did not protect the first defendant on the evidence of independent undertaking and concerted conduct. Delivery without the original bill of lading was treated as conversion, and the plaintiff established entitlement to recovery with interest.</description>
    <language>en-us</language>
    <pubDate>Thu, 19 Apr 2018 00:00:00 +0530</pubDate>
    <lastBuildDate>Mon, 21 Aug 2023 22:13:40 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=723243" rel="self" type="application/rss+xml"/>
    <item>
      <title>2018 (4) TMI 1954 - CALCUTTA HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=309272</link>
      <description>Territorial jurisdiction was upheld where the claim was founded not only on the bill of lading but also on wrongful delivery, negligence and conversion, and part of the cause of action arose at Calcutta. Limitation and contractual time-bar objections failed because the claim was treated as one for wrongful delivery without production of the original bill of lading, not a mere cargo-loss claim. The agency defence under Section 230 of the Indian Contract Act did not protect the first defendant on the evidence of independent undertaking and concerted conduct. Delivery without the original bill of lading was treated as conversion, and the plaintiff established entitlement to recovery with interest.</description>
      <category>Case-Laws</category>
      <law>Indian Laws</law>
      <pubDate>Thu, 19 Apr 2018 00:00:00 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/caselaws?id=309272</guid>
    </item>
  </channel>
</rss>