Law: Contract Act (IX of 1872)

Section: 151, 152

Law: Karachi Port Trust Act, 1886

Section: 87

Law: Carriage of Goods By Sea Act, 1925

Section: III (6)

Law: Civil Procedure Code (V of 1908)

Section: O. VII, r. 14, O. XIII, r. I

Law: Evidence Act, (1 of 1872)

Section: 16

(a) General Bye-Laws of Karachi Port Trust (Karachi Port Trust Manual, Part III) Bye Law No. 35 -Responsibility of Port trust for discharging or loading cargo--Claim for compensation for damage caused to goods during unloading from ship-Plaintiff engaging Stevedore Company and such Company hiring crane from defendant Port Trust for unloading -- Labourers and crane driver working under instructions of stevedores -- Defendant Port Trust, held, not responsible for damage caused to goods due to negligence of labourers and crane drivers while unloading.-[ Damages]. (b) Contract Act (IX of 1872) Ss. 151 & 152---Bailee's liability for damages--Damage to one case caused by negligence of servants and/or agents of Stevedore Company engaged by Shipping Company--Shipping Company neither taking plea of having taken as much care as man of ordinary prudence would take of his own goods nor pleading special contract-Shipping Company, held, responsible to importer. [Damages]. (c) Karachi Port Trust Act (VI of 1886) S. 87 read with Bye-Law 46, Karachi Port Trust Manual, Part III--Notice of damage to goods--Limitation--Ship carrying goods arriving at port can 27th July, 1969--Two cases surveyed on 31st July, 1969-Plaintiff serving notice dated 27th January, 1970 under S. 87---Importer giving no notice-Suit filed by importer against trustees, held, nut maintainable due to notice having not been given within one month of landing of good.-(Damages). (d) Carriage of Goods by Sea Act (XXVI of 1925)  Sched., Art. III (6)-Notice for joint survey--Survey of goods carried out without notice to…