Supreme Court · 1980 INSC 165 · Decided 26 August 1980
The Trustees of the Port of Bombay v. The Premier Automobiles LTD.
- Court
- Supreme Court of India
- Citation
- 1980 INSC 165 · [1981] 1 S.C.R. 532
- Case number
- CIVIL APPEAL No. 1282/1971
- Decided
- 26 August 1980
- Bench
- P.N. SHINGAL, D.A. DESAI (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Contract Act Section 151, 152, 161, 148
Headnote
Bombay Port Trust Act- Sections 61B and 87 para 2-Scop~ of-Plaintiff's machinery damaged in transit from docks to godown-Plaintifjs claimed damages from Board as bailee-Board claimed immunity for tortious acts of employees under para 2 of section 87-Liability of the Board-No11-co11tracted creation of a Trust Board. It is a body corporate with perpetual succession and can sue and be sued. Section 61A(l) charges the Board with the duty of carrying D out the provisions of the Act. Section 6 IB provides that the responsibility of the Board for loss, destruction or deterioration of
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