Notice for institution of a suit
Section 16 of the Carriage by Road Act, 2007 deals with notice for institution of a suit. No suit or other legal proceeding shall be instituted against a common carrier for any loss of, or damage to, the consignment, unless notice in writing of the loss or damage to the consignment has been served on the common carrier before the institution of the suit or other legal proceeding and with The Act came into force on 20 Jul 2010.
No suit or other legal proceeding shall be instituted against a common carrier for any loss of, or damage to, the consignment, unless notice in writing of the loss or damage to the consignment has been served on the common carrier before the institution of the suit or other legal proceeding and within one hundred and eighty days from the date of booking of the consignment by the consignor.
Section 16, The Carriage by Road Act, 2007 (Act 41 of 2007).
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Indo Arya Central Transport Limited v. Unibic Biscuits India Pvt. Ltd. & Anr.
Court's Decision & Legal Precedent
Kar HC K. Natarajan J, RFA 14/2018, Final Order order-1.pdf 2023-08-14 (header date matches order index; tool stale-cache caveat overridden). Money-suit decree against common carrier for burnt cookie consignment set aside: s.16 notice complied; riot/fire during Gujjar agitation attracts s.17(c) exemption; mere truck change without intimation is not due-diligence failure defeating that exemption under the s.12/s.17 scheme.
On this section: Court applied Carriage by Road Act s.16 (pre-suit notice requirement — held complied via Ex.P.4) in allowing the carrier appeal and dismissing the suit.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 16
What have the courts held on Section 16 of the Carriage by Road Act?
Indo Arya Central Transport Limited v. Unibic Biscuits India Pvt. Ltd. & Anr. (14 Aug 2023) is the leading judgment on this section among those set out below: Court applied Carriage by Road Act s.16 (pre-suit notice requirement — held complied via Ex.P.4) in allowing the carrier appeal and dismissing the suit.
How do I find court cases under Section 16 of the Carriage by Road Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Carriage by Road Act 16, section 16 Carriage by Road Act, section 16 of the Carriage by Road Act. People searching for it also type section 16 of carriage by road act 2007. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Indo Arya Central Transport Limited v. Unibic Biscuits India Pvt. Ltd. & Anr. (14 Aug 2023).
When did Section 16 of the Carriage by Road Act come into force?
Section 16 of the Carriage by Road Act, cited as Carriage by Road Act 16, came into force on 20 Jul 2010, having been enacted on 29 Sep 2007. It is in force as at the date shown on this page.
Other sections of this Act
- 4. Application for grant or renewal of registration740 words
- 5. Suspension or cancellation of registration618 words
- 20. Power to make rules492 words
- 15. Right of common carrier in case of consignee’s default316 words
- 2. Definitions306 words
- 12. Conditions limiting exonerating the liability of the common carrier267 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.