Bare Act Search Results

Carriers Act, 1865 Section 7

Title: Liability of Owner of Railroad or Tramroad Constructed Under Act 22 of 1863, Not Limited by Special Contract. in What Case Owner of Railroad or Tramroad Answerable for Loss or Damage

State: Central

Year: 1865

The liability of the owner of any railroad or tramroad constructed under the provisions of the said Act22 of 1863, for the loss of or damage to any 1[property including container, pallet or similar article of transport used to consolidate goods) delivered] to him to be carried, not being of the description contained in the Schedule to this Act, shall not be deemed to be limited or affected by any special contract; but the owner of such railroad or tramroad shall be liable for the loss of or damage to property delivered to him to be carried only when such loss or damage shall have been caused by negligence or a criminal act on his part or on that of his agents or servants. ______________________ 1. Substituted by Act 28 of 1993, section 31 and Schedule, Pt I, for "property delivered" (c.f.o. 16-10-1992).

Carriers Act, 1865 Complete Act

State: Central

Year: 1865

.....from responsibility is desirable or was intended. If. however, the word "only" be supplied after "anwerable" in the last line but three of the extract from the Railways Actas printed above, the Section becomes intelligible. It limits the liability of Railways Companies to the consequences of gross negligence or misconduct on the part of their agents or servants but declares that from this liability so limited they shall not be allowed to relieve themselves by any kind of contract. There cannot indeed be much doubt that the intention of the Legislature was to place all Railway Companies in what was once supposed to be the exact position of a carrier who had contracted for himself as favourably as the law of England would permit. It was, in fact. long supposed in England that. while a carrier could by contract relieve himself from most of his liabilities, his power of doing so slopped short of liability for negligence or misconduct. Such is the view of the law taken by Mr.Justice Storey in his "Commentaries on the Law of Bailnients" section 549. and such is under stood to be still the law in America. But a series of decisions in the English Courts overturned the older doctrine,.....

Carriers Act, 1865 Complete Act

Title: Carriers Act, 1865

State: Central

Year: 1865

Preamble1 - CARRIER ACT, 1865 Section1 - Short title Section2 - Interpretation clause Section3 - Carriers not to be liable for loss of certain goods above one hundred rupees in value, unless delivered as such Section4 - For carrying such property payment may be required at rates fixed by carrier Section5 - The person entitled to recover in respect of property lost or damaged may also recover money paid for its carriage Section6 - In respect of what property liability of carrier not limited or affected by public notice. Carriers, with certain exceptions, may limit liability by special contract Section7 - Liability of owner of railroad or tramroad constructed under Act 22 of 1863, not limited by special contract. In what case owner of railroad or tramroad answerable for loss or damage Section8 - Common carrier liable for loss or damage caused by neglect or fraud of himself or his agent Section9 - Plaintiffs, in suits for loss, damage, or non-delivery, not required to prove negligence or criminal act Section10 - Notice of loss or injury to be given within six months Section11 - State Government to add to the Schedule Schedule1 - SCHEDULE

Carriers Act, 1865 Section 6

Title: In Respect of What Property Liability of Carrier Not Limited or Affected by Public Notice. Carriers, with Certain Exceptions, May Limit Liability by Special Contract

State: Central

Year: 1865

The liability of any common carrier for the loss of or damage to any 1[property (including container pallet or similar article of transport used to consolidate goods) delivered] to him to be carried, not being of the description contained in the Schedule to this Act, shall not be deemed to be limited or affected by any public notice; but any such carrier, not being the owner of a railroad or tramroad constructed under the provisions of Act 22 of 1863 (to provide for taking land for works of public utility to be constructed by private persons or Companies, and for regulating the construction and use of works on land so taken) may, by special contract, signed by the owner of such property so delivered as last aforesaid or by some person duly authorised in that behalf by such owner, limit his liability in respect of the same. _______________________ 1. Substituted by Act 28 of 1993, section 31 and Schedule, Pt I, for "property delivered" (c.f.o. 16-10-1992).

Code of Civil Procedure, 1908 Appendix A

Title: Pleadings

State: Central

Year: 1908

.....the matters in respect of which particulars have been ordered) deliveredpursuant to the order of ..... the .....of ..... (Hereset out the particulars ordered in paragraphs, if necessary.) ___________________ 1. Substituted by A.O. 1950, for "The Secretary of State or the Federation of India or the Province of............, as the case maybe." 2. Substituted by Act 104 of 1976, section 93, for paragraph 2 (w.e.f. 1-2-1977). 3. Not applicable where suit is instituted by the Advocate-General. 4. Substituted by Act 104 of 1976 section 93, for "a decree for the balance" (w.e.f. 1-2-1977). 5. Added by Act 104 of 1976, section 93 (w.e.f. 1-2-1977). 6. See now the Limitation Act, 1963 (36 of 1963). 7. See now the Indian Succession Act, 1925 (39 of 1925).

Central Road Fund Act, 2000 Complete Act

State: Central

Year: 2000

.....DEFINITIONS -In this Act, unless the context otherwise requires,- (a) "appointed day" means the date on which the Fund is established under sub-section (1) of Section 6-; (b) "cess" means a duty in the nature of duty of excise and customs, imposed and collected on motor spirit commonly known as petrol and high speed diesel oil for the purposes of this Act; (c) "Fund" means the Central Road Fund established under sub-section (1) of section 6-; (d) "national highways" means the highways specified in the Schedule to the National Highways Act, 1956-(48 of 1956)or any other highway declared as national highway under sub-section (2) of section 2-of the said Act; (e) "National Highways Authority of India" means an authority constituted under sub-section (1) of section 3 of the National Highways Authority of India Act, 1988-(68 of 1988); (f) "prescribed" means prescribed by rules made under this Act. CHAPTER 02: CENTRAL ROAD FUND SECTION 03: LEVY AND COLLECTION OF CESS (1) With effect from such date as the Central Government may, by notification in the Official Gazette, specify, there shall be levied and collected, as a cess, a duty of excise and customs for the purposes.....

Code of Civil Procedure 1908 Complete Act

State: Central

Year: 1908

.....in the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (5 of 1970). Explanation II : For the purposes of this section, a transaction is a commercial transaction, if it is connected with the industry, trade or business of the party incurring the liability.] (2) Where such a decree is silent with respect to the payment of further interest on such principal sum] from the date of the decree to the date of payment or other earlier date, the court shall be deemed to have refused such interest, and a separate suit therefor shall not lie. SECTION 35: COSTS (1) Subject to such conditions and limitations as may be prescribed, and to the provisions of any law for the time being in force, the costs of and incident to all suits shall be in the discretion of the court, and the court shall have full power to determine by whom or out of what property and to what extent such costs are to be paid, and to give all necessary directions for the purposes aforesaid. The fact that the court has no jurisdiction to try the suit shall be no bar to the exercise of such powers. (2) Where the court directs that any costs shall not follow the event, the court shall state its reasons in.....

Tramways Act, 1886 Complete Act

State: Central

Year: 1886

.....and to regulate the working of tramways: It is hereby enacted as follows : CHAPTER 1 PRELIMINARY SECTION 01: SHORT TITLE AND COMMENCEMENT (1) This Act may be called THE INDIAN TRAMWAYS ACT, 1886; and (2) It shall come into force at once. SECTION 02: LOCAL EXTENT (1) It extends in the first instance to1[the whole of India except2[the territories which, immediately before the 1st November, 1956, were comprised in Part B States] and the territories which were on the 12th March, 1886, respectively], administered by the Governor of Fort Saint George in Council, the Governor of Bombay in Council and the Lieutenant Governor of Bengal. 3[(2) This Act may by notification in the Official Gazette be extended to the whole or any part of the said territories by the 4[State Government] concerned.] SECTION 03: DEFINITIONS In this Act, unless there is something repugnant in the subject or context,- (1) "Local authority" means a municipal committee, district board, body of port commissioners or other authority legally entitled to, or entrusted by5[the Central Government or any State Government] with, the control or management of a municipal or local fund: (2) "road" means the way of a road,.....

Bengal Embankment Act, 1882 Complete Act

State: West Bengal

Year: 1882

.....subject to the Lieutenant- Governor of Bengal, but only as provided in Part IX.] (Commencement). Rep. by Act 1 of 1903. Section 2 Repeal of former Acts 33. Words rep. by Act 1 of 1903. 44. Words and figures subs, by Ben. Act 1 of 1939. [the Bengal Embankment Act, 1873], with the exception of the sections set out and schedules specified in Schedule I to this Act annexed, shall be repealed. The references in the said sections, which are mentioned in Schedule II to this Act annexed, shall be read as if the references were made to the portions of this Act mentioned against such references respectively in the third column of such schedule. Sections 80 and 81 of this Act shall be applicable respectively to the proclamation and notice mentioned in sections 26 and 28, Bengal Act 6 of 1873. Section 3 Interpretation The following words shall, for the purposes of this Act, have the meanings hereby declared, save where, from the context, a contrary intention appears : "Collector" means any Revenue-officer in independent charge of a district or portion of a district, or specially appointed by the 55. Word subs, by the Adaptation of Laws Order. 1 950. [State] Government of e(West Bengal].....