Supreme Court of India
Essar Shipping Ltd. v. The Board of Trustees for the Port of Calcutta
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
What the Court ordered
For the aforesaid reasons we are inclined to hold that th e vessel collided with the loader not due to any fault or negligence on the part of the Berthing Master or any Servant or employee or any tug of the defendant but solely because of negligence on the part of the Master of the ship.
Judgment, page 15
From the headnote
Major Port Trust Act, 1963: Liability of vessel – For causing damage – Accident while berthing appellant’s vessel – Causing damage to a c oal loader – Dock complex put the responsibility for the damage on the v essel – Master of the vessel denied its responsibility stati ng that the coal loader was not kept at proper position – However, s ubsequently, the master of vessel accepted the liability under protest – Thereupon the vessel was allowed to sail out – Committee, set up by Government, found that accident took place due to dynamic situa tions viz. deballasting of ship, higher water level
Sign in free to read it
- The full judgment, page by page, as published in the Supreme Court Reports
- The ratio: what the Court held, verbatim, with the page it sits on
- Every bench that relied on it, and every bench that argued against it
- Search every reported judgment, by party, citation or question
- Download the PDF, copy pinpoint citations ready for a filing
An email address, no password.