Kerala Court October 1963 Judgments

Madura Co. Private Ltd. Vs. A. Thangal Junju Musaliar and anr.

Court: Kerala

Reported in: AIR1964Ker190

M.S. Menon, C.J.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 cashewnuts out of a shipment of 4500 bags from In-hambane to Cochin with transhipment at Lourenco-Marques. The bill of lading concerned is Ext. D-5. Clause 16 of the 25 clauses printed in the bill of lading reads as follows:'Law applicable. The contract evidenced by this Bill of Lading shall be gowned by the Laws of England and in accepting this Bill of Lading the shippers and consignees expressly accept and agree to all its stipula-tions, 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 Carriege of Goods by...