Law: Carriage of Goods by Sea Act (XXV1 of 1925)

Section: 4

    Bill of Lading-Parties bound by terms laid down in bill of lading.   Where it has been provided in a bill of lading that the parties to the contract shall be governed by the laws of England, the contract shall be construed according to the rules for construing English Bill of lading.   Where, therefore, the parties entered into a contract with reference to English Law and under the terms of the bill of lading defendant's liability for loss of goods was stated at 100 per unit.   Held, that the monetary units were gold value.   Carriage of Goods by Sea Act (XXVI of 1925), S. 4 ---Port of loading outside Pakistan-Bill of lading not containing statement as required by Section 4-Non-compliance whether makes bill of lading illegal.   Where the bill of lading does not contain a statement as required by section 4 of the Carriage of Goods by Sea Act (XXVI of 1925) as adapted in Pakistan, namely that it is to have effect subject to the provisions of the said rules as applied by Act (XXVI of 1925) and the port of loading is not a port in Pakistan. Held, that the port of loading not being a port in Pakistan non-compliance with the provisions of section 4 of the Act did not make the bill of lading illegal.   Vita Food Products Incorporated v. Unus Shipping Co., Ltd., 1939 A C 277 ; re : Missouri Streamship Co., Ltd., (188)) 42 Chancery Division 321 and clones v. Oceanic Steam Naviga tion Co., Ltd., (1942) 2 K B 730 ref.   JUDGMENT   AKBAR, J.-Defendant No, 1 is the appellant before us The plaintiffs, Messrs. Dada, Ltd., filed the suit, out of which this appeal arises, against the defendant, Messrs. Mackinnon Mackenzie & Co., to recover Rs. 3,582 on the allegation of short delivery of two cases of Japanese art silk fabric out of a consignment of 5 cases shipped at Osaka (Japan) to be carried to Chittagong via Singapore. The cloths were shipped on board the S. S. Ozarda and Bill of Lading was given and accepted there in conformity with the contract. The consignment was insured with Messrs The Tokyo Marine and Fire Insurance Co., Ltd., and they were made defendant No. 2 in this suit.   Both the defendants…