Section 172 Evidence Act 2011
Section 172 Evidence Act 2011 is titled ‘Estoppel of person signing Act of lading‘. It is under Part X (PRESUMPTIONS AND ESTOPPEL) of the Act. It states as follows:
Every bill of lading in the hands of a consignee or endorsee for valuable consideration, representing goods to have been shipped on board a vessel, is conclusive proof of that shipment as against the master or other person signing the same, notwithstanding that some goods or some part of them may not have been so shipped, unless such holder of the bill of lading had actual notice at the time of receiving the same that the goods had not been in fact laden on board:
Provided that the master or other person so signing may exonerate himself in respect of such misrepresentation by showing that it was caused without any default on his part, and wholly by the fraud of the shipper or of .the holder or some person under whom the holder holds.