Law: Carriage of Goods By Sea Act, 1925

Section: 4, r. 2(n)

Law: Sea Customs Act, 1878

Section: 64

(a) Carriage of Goods by Sea-Damage to goods-Liability of ship owner-Liability of ship owner for damage to goods before being loaded on ship arises either under provisions of Carriage of Goods by Sea Act, 1925, or relevant Port Trust Act or under terms and conditions of contract of affreightment in Bill of Lading-Bill of Lading containing endorsement that goods (Cotton Bales)were wet at time of shipment-No evidence that goods were handed over to ship-owner in apparent good order Liability of shipowner, in circumstances, held, commenced from shipment on board the ship. Pyrene Co. Ltd. v. Scindia Steam Navigation Co. Ltd. (1954) 2 A E L R 158 ; East & West Steamship Co. v. Hossain Brothers and others P L D 1968 S C 15 and Carver's Carriage of Goods by Sea, 9th Edn., p. 186 and 11th Edn., para. 198 ref. (b) Witness-Interested witness-Cannot be relied without corroboration. (c) Carriage of Goods by Sea Act (XXVI of 1925), Art. 4, r. 2(n) read with Art. 3-Carrier's immunity for "insulciency of packing"-Subject to its obligations under Art. 3. (d) Sea Customs Act (VIII of 1878), S. 64-Suit for damages for loss against Pakistani carrier-Local agent of such carrier--- Not to be impleaded even though local agent executes bond under S. 64. Pak Industrial Chain Co. v. American Oriental Lines Ins. and another P L D 1968 Kar. 89 distinguished. Dates of hearing : 22nd and 29th January 1970.   JUDGMENT This is a suit for damage to cargo under the Carriage of Goods by Sea Act, 1925. The first defendant -is a carrier, and, according to the plaint, on or about 21/22nd July 1965, the first plaintiff had shipped a consignment of 1052 bales of cotton yarn and cotton piece goods (hereafter called the said bales) by the s. s. Ocean Energy, a steamer owned by the first defendant, under three bills of lading issued by that defendant. The .s. Ocean Energy reached Chittagong on or about 3rd August 1965 and discharged the said bales. As some of the said bales were landed damaged and torn, the first plaintiff requested the second defendant, who is the first defendant's agent in Chittagong, to hold a joint survey of the damage and loss to the said bales.…