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Home Bare Acts Phrase: general averageMarine Insurance Act, 1963 Section 66
Title: General Average Loss
State: Central
Year: 1963
(1) A general average loss is a loss caused by or directly consequential on a general average act. It includes a general average expenditure as well as a general average sacrifice. (2) There is a general average act where any extraordinary sacrifice or expenditure is voluntarily and reasonably made or incurred in time of peril for the purpose of preserving the property imperilled in the common adventure. (3) Where there is a general average loss, the party on whom it falls is entitled, subject to the conditions imposed by maritime law, to a rateable contribution from the other parties interested, and such contribution is called a general average contribution, (4) Subject to any express provision in the policy, where the assured has incurred a general average or expenditure, he may recover from the insurer in respect of the proportion of the loss which falls upon him; and in the case of a general average sacrifice, he may recover from the insurer in respect of the whole loss without having enforced his right of contribution from the other parties liable to contribute. (5) Subject to any express provision in the policy, where the assured has paid, or is liable to pay, a.....
View Complete Act List Judgments citing this sectionMultimodal Transportation of Goods Act, 1993 Section 23
Title: General Average
State: Central
Year: 1993
Notwithstanding anything contained in any other provision of this Act, it shall be lawful for the parties to the multimodal transport contract to include in the multimodal transport document any provision relating to general average. Explanation.--For the purposes of this section, "general average" means loss, damage or expense reasonably incurred in order to avert danger to property in common peril and in the common interest involved in the multimodal transportation.
View Complete Act List Judgments citing this sectionMarine Insurance Act, 1963 Section 73
Title: General Average Contributions and Salvage Charges
State: Central
Year: 1963
(1) Subject to any express provision in the policy, where the assured has paid, or is liable for, any general average contribution, the measure of indemnity is the full amount of such contribution if the subject-matter liable to contribution is insured for its full contributory value; but, if such subject-matter be not insured for its full contributory value, or if only part of it be insured, the indemnity payable by the insurer must be reduced in proportion to the under insurance, and where there has been a particular average loss which constitutes a deduction from the contributory value, and for which the insurer is liable, that amount must be deducted from the insured value in order to ascertain what the insurer is liable to contribute. (2) Where the insurer is liable for salvage charges the extent of his liabilities must be determined on the like principle.
View Complete Act List Judgments citing this sectionMarine Insurance Act, 1963 Section 76
Title: Particular Average Warranties
State: Central
Year: 1963
.....assured cannot recover for a loss of part, other than a loss incurred by a general average sacrifice, unless the contract contained in the policy be apportionable; but, if the contract be apportionable, the assured may recover for a total loss of any apportionable part. (2) Where the subject-matter insured is warranted free from particular average, either wholly or under a certain percentage, the insurer is nevertheless liable for salvage charges, and for particular charges and other expenses properly incurred pursuant to the provisions of the suing and labouring clause in order to avert a loss insured against. (3) Unless the policy otherwise provides, where the subject-matter insured is warranted free from particular average under a specified percentage, a general average loss cannot be added to a particular average loss to make up the specified percentage. (4) For the purpose of ascertaining whether the specified percentage has been reached, regard shall be had only to the actual loss suffered by the subject-matter insured. Particular charges and the expenses of and incidental to ascertaining and proving the loss must be excluded.
View Complete Act List Judgments citing this sectionMarine Insurance Act, 1963 Section 64
Title: Particular Average Loss
State: Central
Year: 1963
(1) A particular average loss is a partial loss of the subject-matter insured, caused by a peril insured against, and which is not a general average loss. (2) Expenses incurred by or on behalf of the assured for the safety or preservation of the subject-matter insured, other than general average and salvage charges, are called particular charges. Particularly charges are not included in particular average.
View Complete Act List Judgments citing this sectionComptroller and Auditor-generals (Duties, Powers and Conditions of Service), Act, 1971 Chapter II
Title: Salary and Other Conditions of Service of Service of the Comptroller and Auditor-general
State: Central
Year: 1971
.....(including commutation of pension), family pension and gratuity as areadmissible to a Judge of Supreme Court under the Supreme Court Judges Act andthe rules made thereunder, as amended from time to time".] 4 ["(6D) Notwithstanding anythingcontained in the foregoing provisions of this section, a person who demittedoffice [whether in any manner specified in sub-section (8) or by resignation]as the Comptroller and Auditor-General, at any time before the 16th day ofDecember, 1987, shall be entitled to the pension specified in sub-section (6C)on and from that date."] (7) If a person who demits office as the Comptroller andAuditor-General is not eligible to any pension under this section but iseligible to a pension under the rules for the time being applicable to theService to which he belonged immediately before he assumed office as theComptroller and Auditor-General, he shall, notwithstanding anything containedin this section be eligible to draw such pension as is admissible to him underthe said rules. (8) Exceptwhere he demits office by resignation, a person holding office of theComptroller and Auditor-General shall be deemed for the purposes of this Act,to have.....
View Complete Act List Judgments citing this sectionComptroller and Auditor-generals (Duties, Powers and Conditions of Service), Act, 1971 Chapter III
Title: Duties and Powers of the Comptroller and Auditor-general
State: Central
Year: 1971
..... (b) to audit all transactions of the Union and of the States relating to Contingency Funds and Public Accounts, (c) to audit all trading, manufacturing, profit and loss accounts and balance sheet and other subsidiary accounts kept in any department of the Union or of a State; and in each case to report on the expenditure, transactions or accounts so audited by him. Section 14 - Audit of receipts and expenditure of bodies or authorities substantially financed from Union or State Revenues 1"[(1)] Where any body or authority is substantially financed by grants or loans from the Consolidated Fund of India or of any State or or any Union territory having a Legislative Assembly, the Comptroller and Auditor-General shall, subject to the provisions of any law for the time being in force applicable to the body or authority, as the case may be, audit all receipts and expenditure of that body or authority and to report on the receipts and expenditure audited by him. Explanation.- Where the grant or loan to a body or authority from the Consolidated Fund of India or of any State or of any Union territory having a Legislative Assembly in a financial year is not less than2[rupees.....
View Complete Act List Judgments citing this sectionAdministrators-general Act, 1963 Chapter III
Title: Rights, Powers and Duties of the Administrator-general
State: Central
Year: 1963
.....who has not been personally served with a citation or who has not had notice thereof in time to appear pursuant thereto, establishes to the satisfaction of the High Court a claim to probate of will or to letters of administration in preference to the Administrator-General, any letters of administration granted in accordance with the provisions of this Act to the Administrator-General (a) shall be revoked, if a will of the deceased is proved in the State; (b) may be revoked, in other cases, if an application for that purpose is made within six months after the grant to the Administrator-General and the High Court is satisfied that there has been no unreasonable delay in making the application, or in transmitting the authority under which the application is made; and probate or letters of administration may be granted to such executor or next-of-kin as the case may be. Section 15 - Cost of obtaining administration, etc., may, on revocation, be ordered to be paid to Administrator-General out of estate If any letters of administration granted to the Administrator-General in accordance with the provisions of this Act are revoked, the High Court may order the costs of.....
View Complete Act List Judgments citing this sectionAdministrators-general Act, 1963 Complete Act
Title: Administrators-general Act, 1963
State: Central
Year: 1963
.....of Police Acts for presidency-towns Section55 - Order of court to be equivalent to decree Section56 - Provision for administration by Consular Officer in case of death in certain circumstances of foreign subject Section57 - Letters of administration not necessary in respect of small estates administered by Administrator-General in accordance with certain Acts Section58 - Powers to grant Administrator-General letters limited for purpose of dealing with assets in accordance with the Army and Air Force (Disposal of Private Property) Act, 1950, or the Navy Act, 1957 Section59 - Act not to affect Army and Air Force (Disposal of Private Property) Act, 1950, or the Navy Act, 1957 Section60 - Saving of provisions of Indian Registration Act, 1908 Section61 - Power of Central Government to make rules Section62 - Power of State Government to make rules Section63 - Laying of rules made by Central Government before Parliament Section64 - Repeal and savings
List Judgments citing this sectionAdministrators-general Act, 1963 Chapter II
Title: The Office of the Administrator-general
State: Central
Year: 1963
.....shall, subject to the control of the State Government and the general or special orders of general-General, be competent to discharge any of the duties and to exercise any of the powers of the Administrator-General, and when discharging such duties or exercising such powers shall have the same privileges and be subject to the same liabilities as the Administrator-General. (2) No person shall be appointed as a Deputy under this section unless he has been for at least three years-- (a) an advocate; or (b) an attorney of a High Court; or (c) a member of the judicial service of a State. Section 5 - Incorporation The Administrator-General shall be a corporation sole by the name of Administrator-General of the State for which he is appointed, and, as such Administrator-General, shall have perpetual succession and an official seal, and may sue and be sued in his corporate name.
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