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Start Free TrialMultimodal Transportation of Goods Act, 1993 Section 12
Title: Responsibility of the Consignor
State: Central
Year: 1993
(1) The consignor shall be deemed to have guaranteed to the multimodal transport operator the adequacy and accuracy, at the time" the multimodal transport operator takes charge of the goods, of the particulars referred to in clauses (a) and (b) of section 9 as furnished by the consignor for insertion in the multimodal transport document. (2) The consignor shall indemnify the multimodal transport operator against loss resulting from inadequacy or inaccuracy of the particulars referred to in sub-section (1). (3) The right of the multimodal transport operator under sub-section (2) shall in no way limit his liability under the multimodal transport contract to any person other than the consignor.
View Complete Act List Judgments citing this sectionCarriage by Air Act, 1972 Complete Act
State: Central
Year: 1972
.....a reference to servants of the carrier. SECTION 05: LIABILITY IN CASE OF DEATH (1) Notwithstanding anything contained in the Fatal Accidents Act, 1855-or any other enactment or rule of law in force in any part of India, the rules contained in the First Schedule and in the Second Schedule shall, in all cases to which those rules apply, determine the liability of a carrier in respect of the death of a passenger. (2) The liability shall be enforceable for the benefit of such of the members of the passenger's family as sustained damage by reason of his death. (3) An action to enforce the liability may be brought by the personal representative of the passenger or by any person for whose benefit the liability is under sub-section (2) enforceable, but only one action shall be brought in India in respect of the death of any one passenger, and every such action by whomsoever brought shall be for the benefit of all such persons so entitled as aforesaid as either are domiciled in India or not being domiciled there express a desire to take the benefit of the action. (4) Subject to the provisions of sub-section (5) the amount recovered in any such action, after deducting any costs.....
List Judgments citing this sectionCarriage by Air Act, 1972 Schedule 3
Title: The Third Schedule
State: Central
Year: 1972
.....upon under the form of a single contract or of a series of contracts, and it shall not lose its international character merely because one contract or a series of contracts is to be performed entirely within the territory of the same State. (5) These rules shall apply also to carriage as set out in Chapter V, subject to the terms contained therein. 2. (1) These rules shall apply to carriage performed by the State or by legally constituted public bodies provided it falls within the conditions laid down in rule 1. (2) In the carriage of postal items, the carrier shall be liable only to the relevant postal administration in accordance with the rules applicable to the relationship between the carriers and the postal administration. (3) Except as provided in sub-rule (2), these rules shall not apply to the carriage of postal items. CHAPTER II Documentation and duties of the parties relating to the carriage of passengers, baggage and cargo 3. (1) In respect of carriage of passengers, an individual or collective document of carriage shall be delivered containing-- (a) an indication of the places of departure and destination; (b) if the places of departure and.....
View Complete Act List Judgments citing this sectionCarriage by Air (Amendment) Act 2009 Section 10
Title: Insertion of Third Schedule and Anexure
State: Central
Year: 2009
.....upon under the form of a single contract or of a series of contracts, and it shall not lose its international character merely because one contract or a series of contracts is to be performed entirely within the territory of the same State. (5) These rules shall apply also to carriage as set out in Chapter V, subject to the terms contained therein. 2. (1) These rules shall apply to carriage performed by the State or by legally constituted public bodies provided it falls within the conditions laid down in rule 1. (2) In the carriage of postal items, the carrier shall be liable only to the relevant postal administration in accordance with the rules applicable to the relationship between the carriers and the postal administration. (3) Except as provided in sub-rule (2), these rules shall not apply to the carriage of postal items. CHAPTER II Documentation and duties of the parties relating to the carriage of passengers, baggage and cargo 3. (1) In respect of carriage of passengers, an individual or collective document of carriage shall be delivered containing-- (a) an indication of the places of departure and destination; (b) if the places of departure and.....
View Complete Act List Judgments citing this sectionCarriage by Air Act, 1972 Schedule 1
Title: The First Schedule
State: Central
Year: 1972
.....goods performed by aircraft for reward. They apply also to such carriage when performed gratuitously by an air transport undertaking. (2) In these rules, "High Contracting Party" means a High Contracting Party to the Convention. (3) For the purposes of these rules the expression, "international carriage" means any carriage in which according to the contract made by the parties, the place of departure and the place of destination, whether or not there be a break in the carriage or a transshipment, are situated either within the territories of two High Contracting Parties, or within the territory of a single High Contracting Party, if there is an agreed stopping place within a territory subject to the sovereignty, suzerainty, mandate or authority of another Power, even though that Power is not a party to the Convention. A carriage without such an agreed stopping place between territories subject to the sovereignty, suzerainty, mandate or authority of the same High Contracting Party is not deemed to be international for the purposes of these rules. (4) A carriage to be performed by several successive air carriers is deemed, for the purposes of these rules to be one undivided.....
View Complete Act List Judgments citing this sectionCarriage by Air Act, 1972 Schedule 2
Title: The Second Schedule
State: Central
Year: 1972
.....agreed upon under the form of a single contract or of a series of contracts and it does not lose its international character merely because one contract or a series of contracts is to be performed entirely within the territory of the same State. 2. (1) These rules apply to carriage performed by the State or by legally constituted public bodies provided it falls within the conditions laid down in rule 1. (2) These rules shall not apply to carriage of mail and postal packages. CHAPTER II DOCUMENTS OF CARRIAGE Part I Passenger ticket 3. (1) In respect of the carriage of passengers a ticket shall be delivered containing: (a) an indication of the place of departure and destination; (b) if the places of departure and destination are within the territory of a single High Contracting Party, one or more agreed stopping places being within the territory of another State, an indication of at least one such stopping place; (c) a notice to the effect that, if the passenger's journey involves an ultimate destination or stop in a country other than the country of departure, the amended Convention may be applicable and that the amended Convention governs and in most cases.....
View Complete Act List Judgments citing this sectionMultimodal Transportation of Goods Act, 1993 Complete Act
State: Central
Year: 1993
.....contract, from the place of acceptance of the goods in India to a place of delivery of the goods outside India; 3(l) "multimodal transport contract" means a contract under which a multimodal transport operator undertakes to perform or procure the performance of multimodal transportation against payment of freight; 3(l-a) "multimodal transport document" means a negotiable or non- negotiable document evidencing a multimodal transport contract and which can be replaced by electronic data interchange messages permitted by applicable law;" (m) ''multimodal transport operator" means any person who- (i) concludes a multimodal transport contract on his own behalf or through another person acting on his behalf: (ii) acts as principal, and not as an agent either of the consignor, or consignee or of the carrier participating in the multimodal transportation, and who assumes responsibility for the performance of the said contract: and (iii) is registered under sub-section (3) of section 4: (n) "negotiable multimodal transport document" means a multimodal transport document which is- (i) made out to order or to bearer: or (ii) made out to order and is transferable by endorsement; or.....
List Judgments citing this sectionCarriage by Road Act, 2007 Complete Act
State: Central
Year: 2007
.....before the commencement of this Act, with regard to appeal, shall, as far as may, apply to every appeal as if the provisions aforesaid were enacted by this Act subject to the modification that any reference therein to the "permit" shall be construed as a reference to the "registration". SECTION 7: Submission of annual return: The State Transport Authority in respect of each State or Union territory shall submit annually to the Ministry or Department of the Central Government dealing with road transport and highways a consolidated annual return giving the details of the goods carried by the common carriers in that State or the Union territory, as the case may be, on the basis of the returns received from the holders of the registration as specified under clause (c) of sub-section (7) of (section 4). SECTION 8: Goods forwarding note: (1)Every consignor shall execute a goods forwarding note, in such form and manner as may be prescribed, which shall include a declaration about the value of the consignment and goods of dangerous or hazardous nature. (2) The consignor shall be responsible for the correctness of the particulars furnished by him in the goods forwarding.....
List Judgments citing this sectionCentral Excise Tariff (Amendment) Act, 2004 Chapter LXXXV
Title: Electrical Machinery and Equipment and Parts Thereof; Sound Recorders and Reproducers, Television Image and Sound Recorders and Reproducers, and Parts and Accessories of Such Articles
State: Central
Year: 2004
.....circuits may also include discrete components; (c) micro-assemblies of the moulded module, micromodule or similar types, consisting of discrete, active or both active and passive, components which are combined and interconnected. For the classification of the articles defined in this Note, headings 8541 and 8542 shall take precedence over any other heading in this Schedule which might cover them by reference to, in particular, their function. 6. Records, tapes and other media of heading 8523 or 8524 remain classified in those headings, when they are presented with the apparatus for which they are intended. This Note does not apply to such media when they are presented with articles other than the apparatus for which they are intended. 7. For the purposes of heading 8548, "spent primary cells, spent primary batteries and spent electric accumulators" are those which are neither usable as such because of breakage, cutting-up, wear or other reasons, nor capable of being recharged. 8. For the purposes of heading 8524 "recording" of sound or other phenomena shall amount to manufacture. SUB-HEADING NOTES 1. Sub-headings 8519 92 and 8527 12 cover only cassette-players.....
View Complete Act List Judgments citing this sectionMultimodal Transportation of Goods Act, 1993 Chapter 3
Title: Multimodal Transport Document
State: Central
Year: 1993
.....the multimodal transport document Save as provided in section 10,-- (a) the multimodal transport document shall be prima facie evidence of the fact that the multimodal transport operator has taken charge of the goods as described in the document; and (b) no proof to the contrary by the multimodal transport operator shall be admissible if the multimodal transport document is issued in negotiable form and has been transmitted to the consignee or transferred by the consignee to a third party, if the consignee or the third party has acted in good faith relying on the description of the goods in the document. Section 12 - Responsibility of the consignor (1) The consignor shall be deemed to have guaranteed to the multimodal transport operator the adequacy and accuracy, at the time" the multimodal transport operator takes charge of the goods, of the particulars referred to in clauses (a) and (b) of section 9 as furnished by the consignor for insertion in the multimodal transport document. (2) The consignor shall indemnify the multimodal transport operator against loss resulting from inadequacy or inaccuracy of the particulars referred to in sub-section (1). (3) The right.....
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