LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

K Rama Krishna Rao (Sr Manager- Purchase)     10 May 2012

Case study

Dera Sirs, I am pusuing business management course from XLRI , Jamshedpur. In business law there is acse study for which i need to answer. Request your help in suggesting applicable sections pertaing to the case, if possible.

 

 Certain packages of Tobacco are lying in the warehouse. As the owner failed to clear the income tax dues, the Income officer seized the goods and locked the warehouse and handed over the key to the police. The roof of the warehouse was in fact damaged, therefore in turns the tobacco was damaged due to rain. The Government took the plea of act of God.

 

Request your support

Rama Krishna Rao



Learning

 1 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     10 May 2012

Dear Friend,

In such cases the government is the bailee of such goods (under a bailment a person is temporarily given possesion of some property temporarily for a specific purpose to be returned later on) This is an example of statutory bailment. Being a bailee the government was expected or rather mandated to deal with property with diligence. Here the government has been utterly negligent in not getting roof repaired and hence is liable for damage caused. 

There are some decisions on this that might help you the leading being :- State Of Bombay  vs Memon Mahomed Haji Hasam 1967 SC

Good Luck ;-)


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register