| Citation(s) |
|---|
| 1960 SLG 401 1960 SLD 401 1960 PLD 147 |
Dacca High Court
First Appeal No. 125 of 1955, decision dated: 17-03-1959.
AKBAR, JUSTICE KHAN, JUSTICE
S. R. Pal and Syed Muhammad Hussain for Appellants. S. C. Bose and D. C. Bhattacharyya for
Respondent No. 1. Syed A. B. Mahmud Hossain Government Pleader for
Respondent No. 2.
First Appeal No. 125 of 1955, decision dated: 17-03-1959.
AKBAR, JUSTICE KHAN, JUSTICE
S. R. Pal and Syed Muhammad Hussain for Appellants. S. C. Bose and D. C. Bhattacharyya for
Respondent No. 1. Syed A. B. Mahmud Hossain Government Pleader for
Respondent No. 2.
TRANS OCEANIC STEAMSHIP CO., LTD., KARACHI AND ANOTHER
VS
ABDUL RAZAK ABDUL KADER AND ANOTHER
Law:
Section:
Bill of Lading Goods "shipped on deck at shipper's risk "¬Shipping company not absolved from all liability Contract Act (IX of 1872), Ss. 151 & 152. Where a shipping company carried goods under a Bill of Lading which contained the endorsement " Drums second hand; shipped on deck at shipper's risk " and short delivered the goods, it was argued on behalf of the shipping company that on account of the aforesaid entries in the Bill of Lading the shipping company was exempt from liability for the loss or damages arising out of any cause whatsoever. Held, that the words in the Bill of Lading "at shipper's risk ", did not excuse the carrier of loss due to negligence on their part. The expression did not make the special contract, between the shipping company and the plaintiff, of such a comprehensive nature as to absolve the shipping company from all liability and so as to exclude sections 151 and 152, Contract Act, 1872 from coming into operation. British India Steam Navigation Co., Ltd., v. T. P. Sokkalal Ram Sait A I R 1953 Mad. 3 distinguished. Home Insurance Co., Ltd., New York v. Ramnath & Co. A I R 1955 Mad. 602 ; Strana (1937) 130=106 L J P 81 ; C. With Svenssons Travaruaktiebolag v. Cliffee Steamship Company (1932) 1 K B 490 ; Hillas & Co., Ltd. v. Arcos. Ltd., (1932) 38 Com. Cas. 23 (36) and Admostas Shipping Co., Ltd., v. Anglo¬Saxon Petroleum Co., Ltd. (1958) 1 All E R 725 ref. THIS JUDGMENT DELIVERED BY: AKBAR, J.- This appeal is against the and decree of the Subordinate Judge, 3rd Court, Chittagong, awarding a sum of Rs. 4,554, being the price of 9 drums of castor oil short delivered to the plaintiff at Chittagong Port from S. S. Ocean ¬Endeavour. 2. The plaintiff is a registered firm carrying on business at Chittagong. They were the consignees of 25 drums of castor oil shipped at Karachi for being carried to Chittagong by S. S. Ocean Endeavour. Defendant No. 1, M/s. Trans Oceanic Steamship Co., Ltd., hereinafter referred to as the Shipping Company, are the owners of the said steamship. Defendant No. 2, Messrs Bird Co., (Pakistan) Ltd., hereinafter referred to as the Agents, are the agents of the Shipping Company. Messrs Queensland Insurance…
Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492