MOOTHORA KANT SHAW AND ORS.V/S THE INDIA GENERAL STEAM FACTS OF THE CASE The Plaintiff filed a case in relation to conflict legislation relating to common carriers law , also provision regarding this under section 161 , 152 of the Indian Contract Act , 1872 . The Carrier act assumes two things , firstly there were some classes of persons who were recognized as common carriers . Secondly , there were some special laws which dealt with power and duties of these persons , so it would be difficult to ascertain the prima statute to regulate such issues . Such duties and responsibilities were to be governed by the English law of England . They have to ensure delivery on reasonable time. Such common carriers intrusted by large public property and breach of trust was easy for them and the owner awarded a fair and proportionate amount as compensation . ISSUES Whether the rule and regulations provided under the carriers Act was justified ? ARGUMENTS Plaintiffs are entitled to succeed over rights , if common carriers are not changed by The Indian Contract Act , 1872. But it was claimed by the defendant that these changes had taken place and relied upon the judgement pronounced by the Bombay High Court . JUDGEMENT With reference to the above arguments and considering all the facts and circumstances . there is an analysis made in consonance with the act and common law of England . The court not taken in view the contention raised in lieu of the judgement of Bombay High court and the points which the plaintiff relied on are not affected by the provisions of the Indian Contract Act . REFERENCES This Article is written by KIRANMAI FROM INVERTIS UNIVERSITY BAREILLY , Intern at Legal Vidhiya.
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