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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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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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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