The All India Reporter 1951 - Travancore-Cochin Section with parallel references to (1) I.L.R. (1951) Travancore-Cochin (2) (1951) Kerala Law Times (3) 52 Criminal Law Journal Citation: A.I.R. (38) 1951 Travancore-Cochin

After the survey by the Lloyds’ agents the plain- tiffs took delivery of the goods and on receipt of the report of the survey they called upon the defendants to make good the loss disclosed by the report. [...] In the Bill of Lading the weight or measurement of the several packages is noted in the column headed “Said to weigh or measure” and the Lloyds’ surveyor estimates the losses due to leakage on the basis of the difference between the weight or measure- ment given in the said column of the Bill of Lading and the weight or measurement found at the time of the survey. [...] English law is the proper law of the Contract. ” In that case at page 208 of the report Lord Her- scheli L C. has said: “Now in the present case it appears to me that the language of the arbitration clause indicates very clearly that the parties intended that the rights under that clause should be determined according to the law of England. [...] The majority opinion turned on the existence of a conflict between the Madras High Court on the one hand and the Cochin Chief Court on the other as to the rule of devolution to the self-acquired properties of a junior member of a Marumakkathayam tarwad and the learned Chief Judge (Narayana Iyer C. J. ) has made it clear at p. 126 of the report that but for the deliberate departure the Cochin Chief [...] At the time of the institution of the suit the defendant was resident in British India and there was no submission to the jurisdiction of the Court in Cochin.