Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | non-delivery of goods limitation starts from final refusal Indian Limitation Act 1908 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Limitation—Suit against carrier for compensation for non-delivery—Starting point—If limitation starts from final refusal—Correspondence between parties, relevance of —Indian Limitation Act, 1908 (9 of 1908) Art. 31.,On August 5, 1947, the appellant booked two consigments by the N. W. Railway from Gujranwala, now in Pakistan, to Jagadhari. The consignments were not delivered and, on January 22, 1948, the appellant gave a notice to the railway under s. 80 of the Code of Civil Procedure claiming the value of the goods by way of compensation. It was stated in the notice that the cause of action had arisen on August 21 and 30, 1947, when delivery was refused. On December 1, 1948, the railway informed the appellant that the consignments were still lying at Gujranwala and could be despatched on the appellant obtaining the necessary permits from the Pakistan authorities. On December 13, 1949, the appellant brought a suit for compensation for non-delivery of the goods. The respondent contended that the suit was beyond time as it was not filed within one year from the time “when the goods ought to be delivered” as prescribed by art. 31 of the Limitation Act. Held, that the suit was barred by time. The words “when the goods ought to be delivered” in art. 31 had to be given their strict grammatical meaning and equitable considerations were out of place. Under art. 31 limitation started on the expiry of the time fixed between the parties for delivery of the goods and in the absence of any such agreement the limitation started after reasonable time had elapsed on the expiry of which the delivery ought to have been made. The reasonable time was to be determined according to the circumstances of each case. The view taken by some High Courts that time began to run from the date when the railway finally refused to deliver was not correct; where the legislature intended that time should run from the date of refusal it had used appropriate words in that connection. The starting point a limitation could not generally be affected by the conduct of the parties or by the correspondance between them, unless it contained an acknowledgment of liability by the carrier or showed something affecting the reasonable time In the present case delivery ought to have been made within five or six months, as is also indicated by the s. 80 notice given by the appellant and the suit was filed more than a year after the expiry of that time. |
Judge | Honble Mr. Justice K.N. Wanchoo |
Neutral Citation | 1962 INSC 111 |
Petitioner | Bootamal |
Respondent | Union Of India |
SCR | [1963] 1 S.C.R. 70 |
Judgement Date | 1962-03-27 |
Case Number | 507 |
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