BRITISH INDIA STEAM NAVIGATION CO., LTD. vs SHANMUGHAVILAS CASHEW INDUSTRIES AND ORS.

The Supreme Court held that under the Indian Bill of Lading Act, 1856, a bill of lading serves as a symbol of goods, transferring rights to the transferee, and the right to sue passes with it. The Court found that the appellant, M/s British India Steam Navigation Co. Ltd., could not evade jurisdiction in Cochin as it had appeared under protest, and the clause in the bill of lading limiting jurisdiction to English courts was deemed invalid under Section 28 of the Indian Contract Act. The appeal was allowed, and the case was remanded to the trial court for further proceedings.