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Judgment Search Results Home > Cases Phrase: indian bills of lading act 1856 preamble 1 indian bills of lading act 1856 Page 1 of about 91 results (0.229 seconds)

Mar 13 1990 (SC)

British India Steam Navigation Co. Ltd. Vs. Shanmughavilas Cashew Indu ...

Court : Supreme Court of India

Reported in : (1990)2CompLJ1(SC); 1990(48)ELT481(SC); JT1990(1)SC528; 1990(1)SCALE462; (1990)3SCC481; [1990]1SCR884a; 1990(2)LC47(SC)

..... lordships held that connection with english law was not as a matter of principle essential.38. the indian bills of lading act, 1856, which is based on the bills of lading act of 1855 of england in its preamble says :whereas by the custom of merchants a bill of lading of goods being transferable by endorsement, the property in the goods may thereby pass to the endorsee, ..... bill of lading or the liability of the consignee or indorsee by reason of his being such consignee or indorsee, or of his receiving the goods in consequence of such consignment or indorsement, or any right of stoppage in transitu.13. the indian bill of lading act, 1856 was based on the english bills of lading act, 1855 (18 and 19 vict. c. iii) (act ix of 1856). under section 1 of the indian bills ..... contract, though he was the person really interested in goods, the subject of the contract. by section 1 of the bills of lading act, 1855, in england 'every consignee of goods named in a bill of lading, and every endorsee of a bill of lading to whom the property of goods shall pass, upon or by reason of such consignment or endorsement shall ..... of lading act, 1856 also every consignee of goods named in a bill of lading and every endorsee of a bill of lading to whom the property in goods therein mentioned shall pass, .....

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Dec 06 2007 (HC)

The Board of Trustees of the Port of Madras, Represented by Its Deputy ...

Court : Chennai

Reported in : 2008(232)ELT22(Mad)

..... the case of imports the liability to pay demurrage, on the endorsement being made on he bill of lading, would be that of the consignee. this is in consonance with the provisions of the bills of lading act, 1856. the preamble of this act provides that by custom of merchants a bill of lading of goods being transferable by endorsement, the property in the goods may thereby pass to the ..... that such rights should pass with a property. section 1 of the bills of lading act provides that rights under bills of lading vest in the consignee or endorsee and reads as under:1. rights under bills of lading to vest in consignee or endorsee. - every consignee of goods named in a bill of lading and every endorsee of a bill of lading to whom the property in the goods herein mentioned shall ..... .2. the brief facts of the case are as follows::it is not in dispute that the first respondent herein/first defendant was a steamer agent of the ship viz., 'indian goodwill', which arrived at the madras port on 17.03.1986. a consignment of 'one steal flat' under mark 'goel steel co madras' was landed against line no. 101 of ..... that such rights should pass with a property, section 1 of the bills of lading act provides that rights under bills of lading vest in the consignee or endorsee and reads as under:1. rights under bills of lading to vest in consignee or endorsee. - every consignee of goods named in a bill of lading and every endorsee of a bill of lading to whom the property in the goods therein mentioned shall .....

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Feb 16 2018 (HC)

Metro Exporters Private Limited vs.united India Insurance Company Limi ...

Court : Delhi

..... iii) ellerman and bucknall steamship company ltd. vs. sha misrimal bherajee air1966sc1892 plaintiff has also placed reliance upon the provisions of the indian bills of lading act, 1856.11. on behalf of the defendant/insurance company, it is argued that the entire arguments urged on behalf of the plaintiff are misconceived because ..... the provision of section 3 of the indian bills of lading act read with preamble of the said act does not in any manner assist the plaintiff because the preamble and the provision of section 3 of the indian bills of lading act with respect to bindingness of the contents of the bill of lading as to shipment of the goods is ..... the shipping company union ocean shipping (pte) limited so as to show that goods were shipped. it is argued that once these documents i.e bill of lading, mate?s receipt and tally sheets are taken together, the plaintiff has to be held to have discharged the burden of proof of shipping ..... reasoning and conclusions will apply mutatis mutandis to the facts of the present cases where the cover-note has been proved as ex.p-1 and the bill of lading has been proved as ex.pw1/3.2. goods which were to be supplied in cs (os) no.738/1980 were brass ..... sangeeta chandra, advocate. versus the new india assurance co. ltd. & anr. . defendants through: ms. sunita dutta, advocate. valmiki j.mehta, j (oral) 1. i am informed by the counsel for the plaintiff that exhibit numbers to the documents in this suit are the same exhibit numbers as given in cs (os) no.1408/ .....

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Feb 19 2018 (HC)

Canara Bank & Anr. Vs.oriental Insurance Co. Ltd.

Court : Delhi

..... iii) ellerman and bucknall steamship company ltd. vs. sha misrimal bherajee air1966sc1892 plaintiff has also placed reliance upon the provisions of the indian bills of lading act, 1856.11. on behalf of the defendant/insurance company, it is argued that the entire arguments urged on behalf of the plaintiff are misconceived because ..... the provision of section 3 of the indian bills of lading act read with preamble of the said act does not in any manner assist the plaintiff because the preamble and the provision of section 3 of the indian bills of lading act with respect to bindingness of the contents of the bill of lading as to shipment of the goods is ..... the shipping company union ocean shipping (pte) limited so as to show that goods were shipped. it is argued that once these documents i.e bill of lading, mate?s receipt and tally sheets are taken together, the plaintiff has to be held to have discharged the burden of proof of shipping ..... reasoning and conclusions will apply mutatis mutandis to the facts of the present cases where the cover-note has been proved as ex.p-1 and the bill of lading has been proved as ex.pw1/3.2. goods which were to be supplied in cs (os) no.738/1980 were brass ..... sangeeta chandra, advocate. versus the new india assurance co. ltd. & anr. . defendants through: ms. sunita dutta, advocate. valmiki j.mehta, j (oral) 1. i am informed by the counsel for the plaintiff that exhibit numbers to the documents in this suit are the same exhibit numbers as given in cs (os) no.1408/ .....

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Feb 19 2018 (HC)

Elephanta Oil Vanaspati Industries Ltd. Vs.the New India Assurance Co. ...

Court : Delhi

..... iii) ellerman and bucknall steamship company ltd. vs. sha misrimal bherajee air1966sc1892 plaintiff has also placed reliance upon the provisions of the indian bills of lading act, 1856.11. on behalf of the defendant/insurance company, it is argued that the entire arguments urged on behalf of the plaintiff are misconceived because ..... the provision of section 3 of the indian bills of lading act read with preamble of the said act does not in any manner assist the plaintiff because the preamble and the provision of section 3 of the indian bills of lading act with respect to bindingness of the contents of the bill of lading as to shipment of the goods is ..... the shipping company union ocean shipping (pte) limited so as to show that goods were shipped. it is argued that once these documents i.e bill of lading, mate?s receipt and tally sheets are taken together, the plaintiff has to be held to have discharged the burden of proof of shipping ..... reasoning and conclusions will apply mutatis mutandis to the facts of the present cases where the cover-note has been proved as ex.p-1 and the bill of lading has been proved as ex.pw1/3.2. goods which were to be supplied in cs (os) no.738/1980 were brass ..... sangeeta chandra, advocate. versus the new india assurance co. ltd. & anr. . defendants through: ms. sunita dutta, advocate. valmiki j.mehta, j (oral) 1. i am informed by the counsel for the plaintiff that exhibit numbers to the documents in this suit are the same exhibit numbers as given in cs (os) no.1408/ .....

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Feb 19 2018 (HC)

Canara Bank & Anr. Vs.oriental Fire & General Ins. Co. Ltd.

Court : Delhi

..... iii) ellerman and bucknall steamship company ltd. vs. sha misrimal bherajee air1966sc1892 plaintiff has also placed reliance upon the provisions of the indian bills of lading act, 1856.11. on behalf of the defendant/insurance company, it is argued that the entire arguments urged on behalf of the plaintiff are misconceived because ..... the provision of section 3 of the indian bills of lading act read with preamble of the said act does not in any manner assist the plaintiff because the preamble and the provision of section 3 of the indian bills of lading act with respect to bindingness of the contents of the bill of lading as to shipment of the goods is ..... the shipping company union ocean shipping (pte) limited so as to show that goods were shipped. it is argued that once these documents i.e bill of lading, mate?s receipt and tally sheets are taken together, the plaintiff has to be held to have discharged the burden of proof of shipping ..... reasoning and conclusions will apply mutatis mutandis to the facts of the present cases where the cover-note has been proved as ex.p-1 and the bill of lading has been proved as ex.pw1/3.2. goods which were to be supplied in cs (os) no.738/1980 were brass ..... sangeeta chandra, advocate. versus the new india assurance co. ltd. & anr. . defendants through: ms. sunita dutta, advocate. valmiki j.mehta, j (oral) 1. i am informed by the counsel for the plaintiff that exhibit numbers to the documents in this suit are the same exhibit numbers as given in cs (os) no.1408/ .....

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Mar 07 2018 (HC)

M/S Sawhney Bros. Vs.hongkong Shanghai Banking Corporation & Ors.

Court : Delhi

..... defendant/insurance company, it is argued that the 11. entire arguments urged on behalf of the plaintiff are misconceived because existence of a bill of lading or a mate?s receipt or tally sheets is not sufficient evidence to discharge ..... reliance is placed 12 scc673(i) peacock plywood (p) ltd. vs. oriental insurance co. ltd. (2006) (ii) shaw wallace and company limited vs. nepal food corporation and others (2011) 15 scc56 (iii)ellerman and bucknall steamship company ltd. vs. sha misrimal bherajee air1966sc1892 plaintiff has also placed reliance upon the provisions of the indian bills of lading act, 1856. on behalf of the ..... with respect to which the subject bill of lading was issued and which is proved as ex.pw1/31.18. even the provision of section 3 of the indian bills of lading act read with preamble of the said act does not in any manner assist the plaintiff because the preamble and the provision of section 3 of the indian bills of lading act with respect to bindingness of the ..... contents of the bill of lading as to shipment of the goods is to be taken as .....

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Aug 12 2005 (HC)

Reliance Industries Ltd. Vs. P. and O. Containers Ltd. and anr.

Court : Mumbai

Reported in : AIR2006Bom65

..... contrary, from the facts of the above referred judgment, it appears that the port from which the goods were dispatched and the bill of lading was issued is a mumbai, i.e. , indian port and therefore the carriage of goods by sea act as amended by the brussels protocols of 1968 and 1979 was applicable. in this respect, we have already held that the said ..... will be compulsorily applicable to this bill of lading. however, we find that the indian carriage of goods by sea act. 1925 has been amended as per the protocol signed at brussels in 1968 and 1979 and the amended hague rules have been incorporated to the schedule as appendix to the said act. it will be evident from the preamble part wherein it is stated:and ..... by sea act. 1925 is not applicable in the facts of this case. section 2 of this ..... whereas the said rules were amended by the protocol signed at brussels on 23rd february 1968 and by the protocol signed at brussels on 21st december, 1979. thus, not only the preamble to act. was amended, but the schedule was also amended. however, as we have earlier analysed, this indian carriage of goods .....

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May 03 1960 (SC)

The East and West Steamship Company, George Town, Madras Vs. S.K. Rama ...

Court : Supreme Court of India

Reported in : AIR1960SC1058; [1960]3SCR820

..... first defendant, the shipping company, was that the suit was barred 'by reason of the indian carriage of goods by sea act'. it was also urged that the suit was not maintainable as under the terms of the bill of lading the plaintiffs were bound to notify to the defendants their claim in writing about the alleged non ..... governments the adoption of the hague rules with slight modifications as a basis of legislation.' 11. it is this recommendation which has been referred to in the preamble to the indian act. it is important to mention that apart from our own country, u.k., australia, canada, ceylon, newfoundland, new zealand as well as belgium, france ..... 5, 1949, against the shipping company, the bharat lines ltd., and also against the trustees of the port of bombay on a claim of rs. 1,05,726-1-6 on which rs. 45,725-7-5 appear to have been claimed as compensation in respect of the bags not delivered and the remainder as ..... the appellant company repudiated finally the respondent's claim on march 24, 1950. the first respondent brought the present suit on june 27, 1950, claiming rs. 1,023-5-0 as compensation - rs. 974-13-0 for the value of the undelivered goods and rs. 48-8-0 as the profit of which he ..... at madras from bombay to madras per s. s. fakira, a steamer belonging to the east and west steamship co. the ship arrived in madras on august 1, 1948, and 78 out of the 90 bundles were delivered on august 25, 1948, to the appellant through his clearing agent, the second respondent. five more .....

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Jul 29 2004 (HC)

Stephen Commerce Pvt. Ltd. Vs. the Owners and Parties Interested in th ...

Court : Kolkata

Reported in : 2004(3)ARBLR574(Cal),(2004)3CALLT211(HC)

..... of the applicant that if one looks to preamble of the 1996 act it would appear that it was enacted following uncirral law.5. mr. s. n. mukherjee, learned counsel appearing on behalf of the plaintiff/respondent contended as follows :-(i) the bills of lading did not contain any arbitration clause. the charter party mentioned in the bills of lading was not identifiable. according to him, since ..... be resolved by arbitration according to the clause in the charter party agreement. on a fair reading of clause 62 of the charter party agreement (arbitration clause) and condition 1 of the bill of lading (incorporation clause), there is no manifest inconsistency or insensibility. such was not the case of the parties in the suit nor any such finding recorded in the judgment ..... no space for any acknowledgement of liability thereafter meaning thereby the period of limitation of one year cannot be extended by any other means including what is provided in the indian limitation act.14. in the case the aries (supra) the english court considering the hague rules on the subject came to a finding that the time bar stipulated in the rules ..... m.v. baltic confidence & another v. state trading corporation of india & anr.) : this decision of the apex court had considered the earlier decisions of the english court as well as indian courts on the subject including those cases cited before me by the parties referred to above. before the apex court the identical issue was involved. the apex court held that .....

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