1981 PLP 1451 (CLC)
PAKISTAN SHIPPING LINES LTD.‑‑Plaintiff Versus TRUSTEES OF THE PORT OF KARACHI AND 2 OTHERS — ‑Defendants
| Citation | 1981 PLP 1451 (CLC) |
| Forum / Court | Karachi |
| Bench Members | N/A |
| Parties | PAKISTAN SHIPPING LINES LTD.‑‑Plaintiff Versus TRUSTEES OF THE PORT OF KARACHI AND 2 OTHERS — ‑Defendants |
| Primary Law | (b) Contract Act (IX of 1872).‑ |
Q1: What are the key laws and sections cited in 1981 PLP 1451 (CLC)?
This judgment primarily cites: (b) Contract Act (IX of 1872).‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1981 PLP 1451 (CLC)?
The case was heard and decided by the Karachi bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1981 PLP 1451 (CLC) (PAKISTAN SHIPPING LINES LTD.‑‑Plaintiff Versus TRUSTEES OF THE PORT OF KARACHI AND 2 OTHERS — ‑Defendants). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Headnotes / Summary
‑ S. 87 read with Bye‑Law 46, Karachi Port Trust Manual, Part III‑‑Notice of damage to goods‑‑Limitation‑‑Ship carrying goods arriving at port can 27th July, 1969‑‑Two cases surveyed on 31st July, 1969‑Plaintiff serving notice dated 27th January, 1970 under S. 87‑--Importer giving no notice‑Suit filed by importer against trustees, held, nut maintainable due to notice having not been given within one month of landing of good.‑(Damages).
Judgment & Decree
‑ S. 87 read with Bye‑Law 46, Karachi Port Trust Manual, Part III‑‑Notice of damage to goods‑‑Limitation‑‑Ship carrying goods arriving at port can 27th July, 1969‑‑Two cases surveyed on 31st July, 1969‑Plaintiff serving notice dated 27th January, 1970 under S. 87‑--Importer giving no notice‑Suit filed by importer against trustees, held, nut maintainable due to notice having not been given within one month of landing of good.‑(Damages). (d) Carriage of Goods by Sea Act (XXVI of 1925)‑‑-- ‑‑‑‑‑ Sched., Art. III (6)‑Notice for joint survey‑‑Survey of goods carried out without notice to Shipping Company‑Claim for damages preferred against Shipping Company on basis of such survey‑‑Survey, held, not binding on Shipping Company. Central Insurance Co. Ltd. v. Chittagong Steamship Corporate Ltd. and another P L D 1968 Kar. 252 ; Farook Omar v. National Security Insurance Co. Ltd., Karachi and another P L D 1974 Kar. 321 ; Fire National Electric Radio, Refrigeration Co. (Pakistan) Ltd., Karachi v. Messrs Sachiliae Lauro, Naples (Italy) and 3 others P L D 1971 Kar. 264 ref. (e) Civil Procedure Code (V of 1908)‑-- ‑‑ O. VII, r. 14 and O. XIII, r. I‑Production of documents‑ Importer (plaintiff) not disclosing survey report in affidavit of documents‑Witness producing it when appearing in witness-box‑ Case first surveyed more than five months after landing of goods and final survey report prepared about four months thereafter‑Such survey survey report, held, not binding on Shipping Company or Port trustees. (f) Evidence Act (I of 1872)‑‑ ‑‑‑ S. 16'‑‑Admissibility of document‑Objection to admissibility of pro forma invoice taken at trial stage but document exhibited subject to object ion‑‑Proforma invoice, however, not proved hence, held, cannot be relied upon.‑[Document]. Malik Mohammad Din and another v. Mohammad Aslam P L D 1969 S C 136 distinguished. Ismail Tejani for Plaintiff. Zaheeruddin Khan for Defendant No.
1. Abdul Raoof Khan for Defendant No.