Volume : IV, Issue : V, May - 2015

AN INTRODUCTORY NOTE ON CARRIAGE OF GOODS BY SEA ACT, 1925

Dr. Ram N. Sharma

Abstract :

 Once the goods are loaded on board on ship and all clearance certificates issued by the regulating authorities, the  journey of goods commence via sea route. The agreement to carry goods from one port to another is known as the  contract of afreightment between the shipowner and the shipper. This contract contains the terms and conditions on the basis of which the  shipowner for the agreed consideration carries the goods of the shipper from one port to another. Having regards to Carriage of Goods by Sea Act, 1925, it covers the carriage of goods from one country to another. To remove the legal barriers,  the international conference held on Maritime Law at Brussels in October 1922. There were various different terms of carriage, which in the  interest of all concerned needed to be universally accepted and consequently coded. This conference in Brussels gave birth to the Hague Rules of 1924. It contains the uniform Rules relating to Bills of Lading. These rules were  given statutory effect in the shape of Carriage of Goods by Sea Act, 1924 in United Kingdom.  India having adopted the Brussels convention passed the Indian Carriage of Goods by Sea Act, 1925, which incorporates The Hague Rules  codifying the general law relating to carriage of goods by sea from any port in India to any other port in India or outside India. It means  Carriage of Goods by Sea Act, 1925 is applicable to goods carried by national costal vessel within the country and exported goods carried by  foreign going vessel.  Consequently, it stands to reason that every contract of carriage of goods by sea whether it be the hire of the whole ship to carry the shippers  goods (hereaftercharterparty) or goods of different shippers are carried in a general ship, by issuing a Bill of Lading under the Indian Bills of  Lading Act, 1856. Thus both the charterparty as well as Bills of Lading has to incorporate the Hague Rules as part of the contract of carriage.

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Article: Download PDF   DOI : 10.36106/ijsr  

Cite This Article:

DR. RAM N. SHARMA AN INTRODUCTORY NOTE ON CARRIAGE OF GOODS BY SEA ACT, 1925 International Journal of Scientific Research, Vol : 4, Issue : 5 May 2015

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