Law: Sea Customs Act, 1878

Section: 64

(a) Sea Customs Act (VIII of 1878), S. 64(d) read with Contract Act (IX of 1872), 5.230-Declaration of liability by ship's agent for damages or short delivery of goods-Atay be "general" or "continuing", and not necessarily a separate declaration in respect of each vessel-Section 64 to be construed strictly-­Sea Customs Act (VIII of 1878), S. 9-Rules framed under S: 9 by Central Board of Revenue, r. 3. Held that the words "a declaration" in section 64(d) do not mean that a separate declaration should be filed for each vessel. A declaration within the requirement of this provision may be a general and continuing declaration to cover a ship agent's liability for all vessels for which he may act as agent under the Sea Customs Act. Under rule 3 of the Rules framed by the Central Board of Revenue to regulate the grant of port-clearance, it is open to a ship's agent to give general declaration under section 64(d) for all vessels of which he is agent, in lieu of separate declaration for each vessel. Section 64 (d) should be strictly construed. General declarations, in lieu of separate declaration, for each vessel, have been permitted under the rules and it has not been shown that these rules suffer from any invalidity or can in any way be said to be beyond the rule-making power conferred on the Central Board of Revenue under section 9 of the Sea. Customs Act. (b) Insurance-Suit by importer of goods for damages for short delivery against carriers, their agent and insurer-Insurer can re-imburse himself either by instituting a separate suit or by taking "third party" proceedings in plaintiff's suit-Insurer's having made a claim in his written statement for an "alternate decree". In his favour, not enough. JUDGMENT The claim in this suit is for damages in the sum of Rs. 33,923/60 on account of short delivery of goods and has been made against the carriers and their agents in Pakistan, who are defendants Nos. 1 and 2 respectively, and the insurers of the goods; namely, the New Jubilee Insurance Co. Ltd., who have been added as defendant No. 3. The claim has arisen in the following circumstances. 2. The plaintiffs, who are manufacturers of steel roller chains at Karachi,…

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