AIR 1947 PRIVY COUNCIL 40

Privy Council

(From Canada)

Hon'ble Judge(s): Lord Thankerton, Lord Macmillan, Lord Wright, Lord Porter, Lord Uthwatt , JJJ

(A) Bill of lading-Issue between shipowners and indorsees of bill-Issue is to be decided on what appears on face of bill-What happened at port of shipment between shippers and shipowners does not affect issue except as appears from bill. Where the issue is between the shipowners and the indorsees of a bill of lading, it has to be decided as between these parties on the basis of what appears on the face of the bill when it was presented at the port of delivery to the shipowners; their rights and liabilities would not be affected by what happened at the port of shipment as between the shippers and the shipowners, except in so far as appears from the bill of lading : (1928) 34 Com Cas 172, Rel. on.(Para 6) (B) Estoppel-Question of, must be decided on common law principles of construction-Bill of lading-Bill must be construed as whole-Bill containing statement that goods are shipped in good order and condition-Shipowner is estopped from alleging its falsity-Bill containing statement 'Received in good order and condition'-Bill also containing words 'signed under guarantee to produce ship's clean receipt'-Estoppel fails Evidence Act (1 of 1872) , S.115— A question of estoppel must be decided on ordinary common law principles of construction and of ....