Judicial Dictionary - B
Judicial Dictionary
Legislative Dictionary
Bill of Lading
Category | B |
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Title | Bill of Lading |
Details | A document acknowledging the shipment of a consignor’s goods for carriage by sea. Bill of lading includes a “through bill of lading”, but does not include a mate’s receipt. [Section 2(4) of the Stamp Act 1899 (Act II of 1899)] The bill of lading is a document of title to the goods and may as such be transferred to a third party who makes it subject to everything that appears thereon. It is therefore, both transferable and negotiable. Usually as between carrier and shipper, the contract is contained in the charter party and the bill of lading is not evidence of the contract but only a receipt for the goods and at the same time it is also a document which enables the shipper to transfer the goods to a consignee. Therefore, apart from the receipt, the bill of lading in such case is also a document of title. [Abu Bakr Siddique vs. M. V. Aghia Thalassini (1978)30 DLR 94.] See, The Bills of Lading Act 1856 (Act No. IX of 1856) See, Samsun Shipping Corporation vs. Hossain and Sons and Others (1995) 47 DLR (AD) 31; section 1 of the Bill of Lading Act, 1856; section 2(4) of the Stamp Act, 1899. |
Created On | April 23, 2011, 5:20 AM |
Hits | 818 |