Owner Consignee - Law Dictionary Search Results

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Owner consignee

Owner consignee, the expression owner includes a 'consignee' as also an 'agent for sale or custody' of such goods. Both under the Bombay Port Trust Act as well as under the Major Port Trusts Acts, the expression 'owner' includes an 'agent for the custody of such goods', Sun Export Corporation v. Board of Trustees of the Port of Bombay, AIR 1998SC 92 (96): (1988) 1 SCC 142. [Major Port Trusts Act, 1963, s. 2(o); Bombay Port Trust Act, 1879, s. 3(5)]...

Wharfinger

Wharfinger, is defined as 'the occupier of a wharf' or 'a person who owns a wharf', Ramanatha Aiyar's The Law Lexicon; Board of Trustees of the Port of Bombay v. Sriyanesh Knitters, (1999) 7 SCC 359.It is defined as the occupier of wharf and it is further stated that as a rule, wharfingers have a general lien for the balance of their account, Jowitt's Dictionary of English Law; Board of Trustees of the Port of Bombay v. Sriyanesh Knitters, (1999) 7 SCC 359.This term is defined in s. 49 of the Port of London Act, 1908, as follows:The expression 'wharfinger' means the occupier of a wharf, quay warehouse, or granary adjoining the Port of London mainly used for warehousing the goods, imported into the Port of London, of persons other than the occupier of such premises.See also Merchant Shipping Act, 1894, s. 492.Wharfingers, who transport goods of their customers by lighter from importing ships, do not come under liability as common carriers, Consolidated Tea, etc., Co. v. Oliver's Wharf, ...

Bill of Lading

Bill of Lading, a memorandum signed by masters of ships, in their capacity of carriers, acknowledging the receipt of merchants' goods, of which there are usually three parts-one kept by the consignor, one sent to the consignee, and one preserved by the master. It is the evidence of the title to the goods shipped; and by its endorsement and delivery, the transfer of the property in the goods specified therein is generally effected. By the Bills of Lading Act, 1855, the rights of suit under a bill of lading vest in the consignee or endorsee (as if the contract contained in the bill of lading had been made with himself) without prejudice to any right of stoppage in transitu or to freight. See (English) Carriage of Goods by Sea Act, 1924 (14 & 15 Geo. 5, c. 22), and Carver on Carriage by Sea.A bill of lading is 'a writing, signed on behalf of the owner of the ship in which goods are embarked, acknowledging the receipt of the goods, and undertaking to deliver them at the end of the voyage s...

Loss

Loss, the word 'loss' used in Railway Act can never mean loss to the owner, it means that the goods have disappeared in the course of transit and neither the railway nor the consignor nor the consignee re or is in a position to trace them, Union of India v. Sha Vastimull Harakchand, AIR 1959 Mys 13.The word 'loss' in the third clause of the 6th paragraph of art. III to the Act means and includes any loss caused to a shipper or a consignee by reason of the inability of the ship or the carrier to deliver part or whole of the goods, to whatever reason such failure may be due, East and West Steamship Co. v. S.K. Ramalingam Chettiar, AIR 1960 SC 1058: (1960) 3 SCR 820 [Carriage of Goods by Sea Act, 1925, Sch. Art III, Para 6, Cl. (3)]The word 'loss' is intended to mean and include every kind of loss to the owner of the goods--whether it is the whole of the consignment which is not delivered or part of the consignment which is not delivered and whether such non-delivery of the whole or part ...

Average

Average, a medium, a mean proportion used in various senses:-(1) A service which a tenant owes to his lord by doing work with his avers.(2) A shipping or insurance term. (a) Average, or more fully general average, is where any damage or loss has been properly and voluntarily incurred in respect of a ship or cargo for its safety, e.g., goods thrown overboard in a storm to lighten the ship. Such loss by maritime law is shared proportionately between the shipowners and the owners of the cargo, according to value. This risk is almost always covered by insurance. An Average Bond is a bond entered into by the consignees of a cargo with the shipowners, when a general average loss has been sustained by the ship, binding the former to pay their proportion as soon as ascertained. (b) Particular average is damage, or loss to a ship, or cargo, other than a general average loss. Such a loss rests where it falls, that is to say, is borne by the owner of the thing lost or damaged, or by his insurer, ...

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