MADURA CO PRIVATE Vs. A THANGAL JUNJU MUSALIAR
HIGH COURT OF KERALA
MADURA CO.PRIVATE LTD.
A.THANGAL JUNJU MUSALIAR
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(1.)This is an appeal from the decision of the Subordinate Court of Quilon in O. S. No. 130 of 1957. The appellant -- the Madura Company Private Limited, agents of the British India Steam Navigation Company Limited -- was the 2nd defendant in that suit.
(2.)The plaintiff -- the 1st respondent before us -- sought damages for the short delivery of 354 bags of cashew nuts out of a shipment of 4500 bags from Inhambane to Cochin with transhipment at Lourenco Marques. The bill of lading concerned is Ext. D. 5. Clause.16 of the 24 clauses printed in the bill of lading reads as follows:-
"Law applicable. The contract evidenced by this Bill of Lading shall be governed by the Laws of England and in accepting this Bill of Lading the shippers and consignees expressly accept and agree to all its stipulations, exceptions and conditions whether written, stamped or printed as fully as if signed by him or them."
(3.)The English Law relating to bills of lading is embodied in the Carriage of Goods by Sea Act, 1924. The third paragraph of R.6 of Art.3 in that Act -- corresponding to the third paragraph of R.6 of Art.3 in the Indian Carriage of Goods by Sea Act, 1925 -- provides that "in any event the carrier and the ship shall be discharged from all liability in respect of loss or damage unless suit is brought within one year after delivery of the goods or the date when the goods should have been delivered."
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