Supreme Court · 1990 INSC 85 · Decided 13 March 1990

British India Steam Navigation CO., LTD. v. Shanmugha Vilas Cashew Industries and ORS.

Court
Supreme Court of India
Citation
1990 INSC 85 · [1990] 1 S.C.R. 884
Case number
CIVIL APPEAL No. 764/1975
Decided
13 March 1990
Bench
K.N. SAIKIA, P.B. SAWANT (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
Contract Act Section 28

Headnote

Indian Bill of Lading Act, 1856: Bill of Lading-Negotiation a/­ Contract of affreightment need not be expressed in writing; agreed jurisdiction of a court and choice of law binding on the parties; no submission to the jurisdiction of another court if appearance only to C protest. D The Indian charterparty' 'time charterparty'; responsibility of the charterer vis-a-vis the owner to be ascertained from the charter­ party and the bill of lading. The first respondent, M/s Shanmughavilas Cashew Industries, shipped 4445 bags of raw cashewnuts from East Africa to Cochin

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