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British and Foreign Marine Insurance Co. Ltd. Vs. India General Steam Navigation and Bail Way Co. Ltd. - Court Judgment

LegalCrystal Citation
CourtKolkata
Decided On
Judge
Reported in9Ind.Cas.960
AppellantBritish and Foreign Marine Insurance Co. Ltd.
RespondentIndia General Steam Navigation and Bail Way Co. Ltd.
Excerpt:
carriers act (iii of 1865), section 10 - notice of loss--waiver of notice. - lawrence jenkins c.j.1. in the suit out of which this appeal arises, the learned judge, mr. justice harington, has held that there was no such notice as is required by the act. in my opinion that view was correct, nor is it possible to contend on the materials that are on the record that there was waiver of that notice. we must, therefore, so far as the decree in this suit is concerned, confirm it and dismiss this appeal with costs.woodroffe, j.2. i agree.
Judgment:

Lawrence Jenkins C.J.

1. In the suit out of which this appeal arises, the learned Judge, Mr. Justice Harington, has held that there was no such notice as is required by the Act. In my opinion that view was correct, nor is it possible to contend on the materials that are on the record that there was waiver of that notice. We must, therefore, so far as the decree in this suit is concerned, confirm it and dismiss this appeal with costs.

Woodroffe, J.

2. I agree.


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