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Home Bare Acts Phrase: common carrierCarriers Act, 1865 Section 8
Title: Common Carrier Liable for Loss or Damage Caused by Neglect or Fraud of Himself or His Agent
State: Central
Year: 1865
Notwithstanding anything herein before contained, every common carrier shall be liable to the owner for loss of or damage to any 1[property including container, pallet or similar article of transport used to consolidate goods delivered] to such carrier to be carried where such loss or damage shall have arisen from the criminal act of the carrier or any of his agents or servants and shall also be liable to the owner for loss or damage to any such property other than property to which the provisions of section 3 apply and in respect of which the declaration required by that section has not been made, where such loss or damage has arisen from the negligence of the carrier or any of his agents or servants. ______________________ 1. Inserted by Act 28 of 1993, section 31 and Schedule, Pt I, for "property delivered" (c.f.o. 16-10-1992).
View Complete Act List Judgments citing this sectionCarriage by Road Act 2007 Section 15
Title: Right of Common Carrier in Case of Consignees Default
State: Central
Year: 2007
.....period as may be mutually agreed to by and between the common carrier and the consignor. (2) In the case of an unclaimed consignment under sub-section (1), the common carrier may,- (a) if such consignment is perishable in nature, have the right to sell the consignment; or (b) if such consignment is not perishable in nature, cause a notice to be served upon the consignee or upon the consignor if the consignee is not available, requiring him to remove the goods within a period of fifteen days from the date of receipt of the notice and in case of failure to comply with the notice, the common carrier shall have the right to sell such consignment without any further notice to the consignee or the consignor, as the case may be. (3) The common carrier shall, out of the sale proceeds received under sub-section (2), retain a sum equal to the freight, storage and other charges due including expenses incurred for the sale, and the surplus, if any, from such sale proceeds shall be returned to the consignee or the consignor, as the case may be. (4) Unless otherwise agreed upon between the common carrier and consignor, the common carrier shall be entitled to detain or dispose off.....
View Complete Act List Judgments citing this sectionCarriage by Road Act 2007 Section 12
Title: Conditions Limiting Exonerating the Liability F the Common Carrier
State: Central
Year: 2007
.....of consignment, it shall not be necessary for the plaintiff to prove that such loss, damage or non-delivery was owing to the negligence or criminal act of the common carrier, or any of his servants or agents. (3) Where any consignment has been detained for examination or scrutiny by a competent authority and upon such examination or scrutiny it is found that certain prohibited goods or goods on which due tax was not paid or insufficiently paid have been entrusted to the common carrier by the consignor which have not been described in the goods forwarding note, the cost of such examination or scrutiny shall be borne by the consignor and the common carrier shall not be liable for any loss, damage or deterioration caused by such detention of the consignment for examination or scrutiny: Provided that the onus of proving that such incorrect description of goods in the goods forwarding note was received from the consignor shall be on the common carrier. Explanation.--For the purposes of this section, "competent authority" means any person or authority who is empowered to examine or scrutinise goods by or under any law for the time being in force to secure compliance of.....
View Complete Act List Judgments citing this sectionCarriage by Road Act 2007 Section 10
Title: Liability of Common Carrier
State: Central
Year: 2007
.....in case of any delay up to such period as may be mutually agreed upon by and between the consignor and the common carrier and specifically provided in the goods forwarding note including the consequential loss or damage to such consignment shall be limited to the amount of freight charges where such loss, damage or delay took place while the consignment was under the charge of such carrier: Provided that beyond the period so agreed upon in the goods forwarding note, compensation shall be payable in accordance with sub-section (1) or section 11: Provided further that the common carrier shall not be liable if such carrier proves that such loss of, or damage to, the consignment or delay in delivery thereof, had not taken place due to his fault or neglect or that of his servants or agents thereof.
View Complete Act List Judgments citing this sectionCarriage by Road Act 2007 Section 17
Title: General Responsibility of Common Carrier
State: Central
Year: 2007
Save as otherwise provided in this Act, a common carrier shall be responsible for the loss, destruction, damage or deterioration in transit or non-delivery of any consignment entrusted to him for carriage, arising from any cause except the following, namely: (a) act of God; (b) act of war or public enemy; (c) riots and civil commotion; (d) arrest, restraint or seizure under legal process; (e) order or restriction or prohibition imposed by the Central Government or a State Government or by an officer or authority subordinate to the Central Government or a State Government authorised by it in this behalf: Provided that the common carrier shall not be relieved of its responsibility for the loss, destruction, damage, deterioration or non-delivery of the consignment if the common carrier could have avoided such loss, destruction, damage or deterioration or non-delivery had the common carrier exercised due deligence and care in the carriage of the consignment.
View Complete Act List Judgments citing this sectionPetroleum and Natural Gas Regulatory Board Act, 2006 Section 20
Title: Declaring, Laying, Building, Etc., of Common Carrier or Contract Carrier and City or Local Natural Gas Distribution Network
State: Central
Year: 2006
.....competitive transportation rates and right of first use. (3)The Board may, after following the procedure as specified by regulations undersection 19 and sub-sections (1) and (2), by notification,-- (a)declare a pipeline or city or local natural gas distribution network as a commoncarrier or contract carrier; or (b)authorise an entity to lay, build, operate or expand a pipeline as a commoncarrier or contract carrier; or (c)allow access to common carrier or contract carrier or city or local natural gasdistribution network; or (d)authorise an entity to lay, build, operate or expand a city or local natural gasdistribution network. (4)The Board may decide on the period of exclusivity to lay, build, operate orexpand a city or local natural gas distribution network for such number of yearsas it may by order, determine in accordance with the principles laid down by theregulations made by it, in a transparent manner while fully protecting theconsumer interests. (5)For the purposes of this section, the Board shall be guided by the objectives ofpromoting competition among entities, avoiding infructuous investment,maintaining or increasing supplies or for securing.....
View Complete Act List Judgments citing this sectionCarriage by Road Act 2007 Section 11
Title: Rates of Charge to Be Fixed by Common Carrier for Carriage of Consignmentat a Higher Risk Rate
State: Central
Year: 2007
Every common carrier may require payment for the higher risk undertaken by him in carrying a particular consignment at such rate of charge as he may fix and correspondingly, his liability would be in accordance with the terms as may be agreed upon with the consignor: Provided that to entitle such carrier to claim payment at a rate higher than his ordinary rate of charge, he should have exhibited a printed or written notice, in English and the vernacular language of the State, of the higher rate of charge in the place or premises where he carries on the business of common carrier.
View Complete Act List Judgments citing this sectionCarriers Act, 1865 Preamble 1
Title: Carrier Act, 1865
State: Central
Year: 1865
THE CARRIERS ACT, 1865 [Act, No. 3 of 1865] [14th February, 1865] PREAMBLE An Act relating to the rights and liabilities of Common Carriers. WHEREAS it is expedient not only to enable common carriers to limit their liability for loss of or damage to property delivered to them to be carried but also to declare their liability for loss of or damage to such property occasioned by the negligence or criminal acts of themselves, their servants or agents; It is enacted as follows :--
View Complete Act List Judgments citing this sectionPetroleum and Natural Gas Regulatory Board Act, 2006 Section 48
Title: Punishment for Laying, Building, Operating or Expanding a Common Carrier or Contract Carrier Without Authorisation
State: Central
Year: 2006
If a person lays, builds, operates or expands a common carrier or contract carrier or a city or local natural gas distribution network without obtaining authorisation required under section 19, such person shall be liable for punishment with an imprisonment for a term which may extend to three years or penalty of twenty-five crore rupees or with both, and in case of continuing contravention with additional fine which may extend to ten lakh rupees for every day during which the contravention continues.
View Complete Act List Judgments citing this sectionPetroleum and Natural Gas Regulatory Board Act, 2006 Section 49
Title: Punishment for Wilful Damages to Common Carrier or Contract Carrier
State: Central
Year: 2006
Every person whowilfully removes, destroys or damages any pipeline or city or local natural gasdistribution network or other work of the common carrier or contract carrier forsupplying petroleum, petroleum products or natural gas shall for each suchoffence be punishable with imprisonment which may extend to three years or withfine which may extend to twenty-five crore rupees or with both, and, in case ofcontinuing contravention with additional fine which may extend to ten lakhrupees for every day during which such contravention continues.
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