Law: Sea Customs Act, 1878

Section: 64

Sea Customs Act (VIII of 1878)--S. 64(d)-Interpretation-Contract - Execution of declaration as ship's agent under S. 64(d)-Party making declaration does not personally assume liability of the carriers and step into their shoes or become party to contract of carriage-Suit by consignee for short delivery against ship's agents without the carrier being joined as defen­dant-Consignee not being a party to declaration made by ship's agents under S. 64(d), there is no contract under which ship's agent is presumed to be personally bound to him under S. 230, Contract Act­ Contract Act (IX of 1872), S. 230. Haji Shakoor Gany v. H. E. Hinde & Co. Ltd. A I R 1932 Bom. 330 ; Haji Shakoor Gany Firm v. Firm of Volkart Brothers and another A I R 1931 Sind 124 ; Haji Shakoor Firm v. Volkart Brothers' Firm and another A I R 1937 Sind 11 and British India Steam Navigation Co. Ltd. and another v. M. A. Wadud & Co. and others P L D 1968 Dacca 860 ref. Messrs Pakistan Industrial Chains Company v. American Oriental Lines Inc, New York and others P L D 1968 Kar. 89 distinguished. JUDGMENT This revision is directed against the judgment and decree passed by the Judge, Small Causes Court, Karachi, dated 22-2-1969 decreeing the suit of the respondent in the sum of Rs. 2,915 with costs. 2. The applicants, Messrs Burjorjee Cowasjee & Co., a Karachi firm carry on business as shipping agents, cargo agents. clearing and forwarding agents, and at the material time, acted as shipping agents for the vessel m.v. ARSENAL which was on charter to the China National Chartering Corpora­tion. The owner of the vessel was a Greek Company. The applicants will be referred to hereinafter as "Ship's Agents". The respondent, Habib Insurance Company Ltd., insured a consignment of 173 sets of tyres and tubes shipped from Shanghai to Karachi on the said vessel for Messrs Kasamali Khimji, Karachi, under Bill of Lading No. 721, dated 15th September 1967. The ship arrived at Karachi on 31-10-1967 but 11 sets of tyres and tubes were short landed. The consignee lodged a claim for Rs. 1,166 being the C & F value of the goods shortlanded but the applicants declined to entertain it and forwarded it to the…

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