Bill of Lading

2019 PLD 344 KARACHI-HIGH-COURT-SINDH Judicial Precedent

S. 3Bill of LadingScope

Bill of Lading was signed by the ship owner, or by the Master or other Agent of the ship owner; it was an acknowledgment of the receipt of the cargo mentioned therein; it contained particulars relating to the goods as in their quantity, condition, as well as identification marks, if the same was in packed condition

In any case it was a receipt of goods shipped

Bill of Lading was conclusive evidence of shipment in the hands of the consignee or the endorsee, as the case may be, as against the Master or any other person signing the same

Consignee who was a holder of the Bill of Lading was always under an expectation that he was entitled to proceed against the ship or its owner in the event of loss or damage to his goods.

2018 CLD 972 KARACHI-HIGH-COURT-SINDH Judicial Precedent

Sched.Bill of LadingScope

Under modern conditions, bill of lading is usually signed by loading broker but sometimes by master, acknowledging quantity and condition of goods when put on board

Precise effect of such acknowledgment is most important in view of rule of law that ship must deliver 'what she received as she received it, unless relieved by expected perils'

For many purposes possession of bill of lading is equivalent in law to possession of goods

Bill of lading enables holder to obtain delivery of goods at port of destination and during transition it enables him to deliver goods by merely transferring bill of lading

Bill of lading contains (i) consigners and consignee's name, (ii) names of ports of departure and destination, (iii) name of vessel, (iv) dates of departure and arrival, (v) itemized list of goods being transported with number of packages and kind of packaging, (vi) marks and numbers on packages, (vii) weight and/or volume of cargo, (viii) freight rate and amount

Bill of lading serves as proof of ownership (title) of cargo and may be issued either in negotiable or non-negotiable form; in negotiable form it is commonly used in letter of credit transactions and may be bought, sold, traded or used as security for borrowing money

Bill of lading is required in all claims for compensation for any damage, delay or loss; and for resolution of disputes regarding ownership of cargo

Rights, responsibilities and liabilities of carrier and shipper under a bill of lading are governed generally either by older Hague Rules or by more recent Hague-Visby Rules

Bills of lading are one of three crucial documents used in international trade to ensure exporters receive payment and importers receive merchandise

Bill of lading is a writing signed on behalf of owner of ship in which goods are embarked, acknowledging receipt of goods and undertaking to deliver them at end of voyage, subject to such conditions as may be mentioned in bill of lading.

2018 PLD 569 KARACHI-HIGH-COURT-SINDH Judicial Precedent

Sched.Bill of LadingScope

Under modern conditions, bill of lading is usually signed by loading broker but sometimes by master, acknowledging quantity and condition of goods when put on board

Precise effect of such acknowledgment is most important in view of rule of law that ship must deliver 'what she received as she received it, unless relieved by expected perils'

For many purposes possession of bill of lading is equivalent in law to possession of goods

Bill of lading enables holder to obtain delivery of goods at port of destination and during transition it enables him to deliver goods by merely transferring bill of lading

Bill of lading contains (i) consigners and consignee's name, (ii) names of ports of departure and destination, (iii) name of vessel, (iv) dates of departure and arrival, (v) itemized list of goods being transported with number of packages and kind of packaging, (vi) marks and numbers on packages, (vii) weight and/or volume of cargo, (viii) freight rate and amount

Bill of lading serves as proof of ownership (title) of cargo and may be issued either in negotiable or non-negotiable form; in negotiable form it is commonly used in letter of credit transactions and may be bought, sold, traded or used as security for borrowing money

Bill of lading is required in all claims for compensation for any damage, delay or loss; and for resolution of disputes regarding ownership of cargo

Rights, responsibilities and liabilities of carrier and shipper under a bill of lading are governed generally either by older Hague Rules or by more recent Hague-Visby Rules

Bills of lading are one of three crucial documents used in international trade to ensure exporters receive payment and importers receive merchandise

Bill of lading is a writing signed on behalf of owner of ship in which goods are embarked, acknowledging receipt of goods and undertaking to deliver them at end of voyage, subject to such conditions as may be mentioned in bill of lading.

1968 PLD 320 KARACHI-HIGH-COURT-SINDH Judicial Precedent

Bill of Lading Bill of lading-Transhipment of goods

Whether right of shipping company in certain circumstances-Questions arising out of transshipment are responsibility of it-faster of Ship, not of person further endorsing bill of lading in favour of third party.

1962 PLD 376 SUPREME-COURT Judicial Precedent

Bill of Lading Bills of lading

Submission of "clean" bills of lading along with bill of exchange- Condition for payment of bill of exchange on presentment-Bills of lading not "clean" when presented-Bills, held, not duly presented- Drawee does not incur liability for payment till satisfied by inspection of condition of goods in absence of "clean" bills of lading.

1961 PLD 132 DHAKA-HIGH-COURT Judicial Precedent

Bill of Lading

Amount realised from shipper on account of lighterage and demurrage hut shown in freight column-Neither lighter used nor any demurrage paid by shipping company-Whether mere mention of charges in freight column precludes shipper from claiming refund of amount.

1960 PLD 147 DHAKA-HIGH-COURT Judicial Precedent

Bill of Lading -Goods "shipped on deck at shipper's risk "Shipping company not absolved from all liability-Contract Act (IX of 1872), Ss. 151 & 152.

1958 PLD 460 DHAKA-HIGH-COURT Judicial Precedent

Bill of Lading -Nature and scope of-Liability of common carriers after contract of affreightment ends.

1958 PLD 410 DHAKA-HIGH-COURT Judicial Precedent

Bill of Lading - Ship-owners not bound to notify arrival of ships to consignee posting of letter sufficient where ship-owners contracted to notify-Two clauses in a bill of lading-One for notice to consignee and other to the effect that such clause is solely for use of ship's agent and creates no obligation to consignee –Ship-owners whether liable to notify.

1958 PLD 101 DHAKA-HIGH-COURT Judicial Precedent

Bill of Lading -Parties bound by terms laid down in bill of lading. Where it has been provided in a bill of lading that the parties to the contract shall be governed by the laws of England, the contract shall be construed according to the rules for construing English Bill of lading.