Law: Control of Shipping Act (XXVI of 1947)

Section: 2(f)

(a) Control of Shipping Act (XXVI of 1947),   S. 2 (f) " Shipping Authority "-Designated as " Controller of Shipping " Not illegal.   The appointment of a " Shipping Authority " was duly notified and the person appointed was later also appointed and designated by another notification, as the "Controller of Shipping", both the notifications being under S. 2 (f), Control of Shipping Act, 1947.   Held, -that there was nothing illegal, about the appointment.   (b) Shipping Co-ordination Committee-   Ship owners called to meeting with Shipping Authority for consultation-Meeting not one of Shipping Co-ordination Committee.   (c) Control of Shipping Act (XXVI of 1947),   Ss. 3, 3-A, 5 L,icence under S. 3-A is irrespective of licence under S. 3-Ships licensed under S. 3 to abide by directions of Shipping Authority under S. 5.   (d) Evidence Act (I of 1872),   S. 64-Original accounts of Shipping company, showing damages suffered, not produced Copies disallowed-Oral request by counsel after 5 years of institution of suit to produce original-Adjournment not allowed Civil Procedure Code (V of 1908), O. XVII r. 1.   (e) Tort   Government's liability for tortious acts of its servants-Principle and exceptions-Negligence and carelessness of Shipping Authority acting under orders of Government resulting in delayed sailing of plaintiff's ship thereby causing loss-Govern ment held liable.   There are three exceptions to the general rule that the State is not liable for the tortious acts of its servants. These are :-   Where the acts complained of were not acts of State but were done under the colour of atitle conferred by Municipal Law.   Where such acts consist in the detention by the State of lands, goods, or chattels belonging to the subject.   Where it is proved that such acts were expressly authorised by the State or that the Stateprofited by them.   In these days when the Government has acquired and tends to acquire more and more complete control of the economic and commercial pursuits of the citizens, one has to recognize that issuing orders as if…