Article III Rule 6 of the Schedule/Rules
|
The Limitation Act, 1908
Sections 4 to 25
Carriage of Goods by Sea Act, 1925
Article III Rule 6 of the Schedule/Rules
Filing the suit for loss or damage to goods– The period of limitation for
filing any suit for loss or damage to goods that occurred in the course of
carriage, will be one year from the date of delivery of the goods. The
well-established principle of law based on this section is that the
defendant’s failure to plead the bar of limitation as a defence will not
save the suit from being barred by limitation unless any of the provisions
mentioned in sections 4 to 25 are applicable.
Hence, we find that the filing of the suit in Singapore on 05.05.2001
beyond the period of one year from the date when the goods were delivered,
or at the latest from 05.03.2000 when the joint survey report was
published, was barred by limitation. Even if the defendants do not plead
the bar of limitation, the court cannot ignore the provisions of section 3
of the Limitation Act in the absence of the provisions of sections 4 to 25
of the said Act. ...Eximpo Trading Limited =VS= M.V. Banglar Kakoli,
(Civil), 2020 [9 LM (AD) 575]
....View Full Judgment
|
Eximpo Trading Limited =VS= M.V. Banglar Kakoli |
9 LM (AD) 575 |