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Start Free TrialMarine Insurance Act, 1963 Section 38
Title: Warranty of Neutrality
State: Central
Year: 1963
(1) Where insurable property, whether ship or goods, is expressly warranted neutral, there is an implied condition that the property shall have a neutral character at the commencement of the risk, and that, so far as the assured can control the matter, its neutral character shall be preserved during the risk. (2) Where a ship is expressly warranted "neutral", there is also an implied condition that, so far as the assured can control the matter, she shall be properly documented, that is to say, that she shall carry the necessary papers to establish her neutrality, and that she shall not falsify or suppress her papers, or use simulated papers. If any loss occurs through breach of this condition, the insurer may avoid the contract.
View Complete Act List Judgments citing this sectionGeneva Conventions Act, 1960 Complete Act
State: Central
Year: 1960
.....(d) procedural matters relating to legal representation, appeals, etc. 3. The existing law on the subject is to be found in the Geneva Convention Act, 1911 (an Act of the United Kingdom) as applied to India by the Gevena Convention Act, 1911 (British India) Order-in-Council dated the 24th October, 1916, and the Geneva Convention Implementing Act, 1936 (14 of 1936). The provisions of these Acts, however, are confined to extending protection to the two emblems, namely, the Red Cross and the Geneva Cross. 4. The Bill seeks to implement the Conventions in so far as it is necessary so to do and, at the same time, consolidates the law on the subject by repealing the United Kingdom Act of 1911andthe Central Act 14 of 1936and incorporating their provisions in the Bill." - Gaz. of Ind., 1959, Extra. Pt. II, S. 2, p. 1098. An Act to enable effect to be given to certain International Conventions done at Geneva on the twelfth day of August, 1949, to which India is a party, and for purposes connected therewith. Be it enacted by Parliament in the Eleventh Year of the Republic of India as follows :- -Geneva Conventions of 12th August, 1949, were ratified by the President on the 16th October,.....
List Judgments citing this sectionGeneva Convention Act 1960 Schedule II
Title: Second Schedule
State: Central
Year: 1960
.....or in sick-bays of portable arms and ammunition taken from the wounded, sick and shipwrecked and not yet handed to the proper service. (4) The fact that the humanitarian activities of hospital ships and sick-bays of vessels or of the crews extend to the care of wounded, sick or shipwrecked civilians. (5) The transport of equipment and of personnel intended exclusively for medical duties, over and above the normal requirements. CHAPTER IV PERSONNEL Article 36 The religious, medical and hospital personnel or hospital ships and their crews shall be respected and protected; they may not be captured during the time they are in the service of the hospital ship, whether or not there are wounded and sick on board. (Protection of the personnel of hospital ships.) Article 37 The religious, medical and hospital personnel assigned to the medical or spiritual care of the persons designated in Article 12 and 13 shall, if they fall into the hands of the enemy, be respected and protected; they may continue to carry out their duties as long as this is necessary for the care of the wounded and sick. They shall afterwards be sent back as soon as the commander-in-chief, under.....
View Complete Act List Judgments citing this sectionGeneva Convention Act 1960 Schedule III
Title: Third Schedule
State: Central
Year: 1960
.....Parties, each party to the conflict shall be bound to apply, as a minimum, the following provisions:- (Conflicts not of an international character.) (1) Persons taking no active part in the hostilities, including members of armed forces who have down their arms and those placed hors de combat by sickness, wounds, detention, or any other cause, shall in all circumstances be treated humanely without any adverse distinction founded on race, colour, religion or faith, sex, birth or wealth, or any other similar criteria. To this end, the following acts are and shall remain prohibited at any time and in any place whatsoever with respect to the above-mentioned persons:- (a) Violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture; (b) taking of hostages; (c) outrages upon personal dignity, in particular, humiliating and degrading treatment; (d) the passing of sentences and the carrying out of executions without previous judgement pronounced by a regularly constituted court affording all the judicial guarantees which are recognised as indispensable by civilized peoples. (2) The wounded and sick shall be collected and.....
View Complete Act List Judgments citing this sectionGeneva Convention Act 1960 Schedule I
Title: First Schedule
State: Central
Year: 1960
.....the application thereof. (Translations. Rules of application.) CHAPTER IX REPRESSION OF ABUSES AND INFRACTIONS Article 49 The High contracting parties undertake to enact any legislation necessary to provide effective penal sanctions for persons committing, or ordering to be committed, any of the grave breaches of the present convention defined in the following Article. (Penal sanctions. I. General observations.) Each High contracting party shall be under the obligation to search for persons alleged to have committed, or to have ordered to be committed, such grave breaches, and shall bring such persons, regardless of their nationality, before its own courts. It may also, if it prefers, and in accordance with the provisions of its own legislation, hand such persons over for trial to another High contracting party concerned. Provided such High contracting party has made out a prima facie case. Each High contracting party shall take measures necessary for the suppression of all acts contrary to the provisions of the present convention other than the grave breaches defined in the following Article. In all circumstances, the accused persons shall benefit by.....
View Complete Act List Judgments citing this sectionGeneva Convention Act 1960 Schedule IV
Title: Fourth Schedule
State: Central
Year: 1960
.....to in this Article. In no case shall requisition of labour lead to a mobilization of workers in an organization of a military or semi-military character. Article 52 No contract, agreement or regulation shall impair the right of any worker, whether voluntary or not and wherever he may be, to apply to the representatives of the Protecting Power in order to request the said Power's intervention. (Protection of workers) All measures aiming at creating unemployment or at restricting the opportunities offered to workers in an occupied territory, in order to induce them to work for the Occupying Power, are prohibited. Article 53 Any destruction by the Occupying Power of real or personal property belonging individually or collectively to private persons, or to the State, or to other public authorities, or to social or co-operative organizations, is prohibited, except where such destruction is rendered absolutely necessary by military operations. (Prohibited destruction) Article 54 The Occupying Power may not alter the status of public officials or judges in the occupied territories, or in any way apply sanctions to or take any measures of coercion or discrimination.....
View Complete Act List Judgments citing this sectionMarine Insurance Act, 1963 Complete Act
State: Central
Year: 1963
.....NEGOTIATION OF CONTRACT (1) Every material representation made by the assured or his agent to the insurer during the negotiations for the contract, and before the contract is concluded, must be true. If it be untrue the insurer may avoid the contract. (2) A representation is material which would influence the judgment of a prudent insurer in fixing the premium, or determining whether he will take the risk. (3) A representation may be either as to a matter of fact, or as to a matter of expectation or belief. (4) A representation as to a matter of fact is true, if it be substantially correct, that is to say, if the difference between what is represented and what is actually correct would not be Considered material by a prudent insurer. (5) A representation as to a matter of expectation or belief is true if it be made in good faith. (6) A representation may be withdrawn or corrected before the contract is concluded. (7) Whether a particular representation be material or not, is, in each case, a question of fact. SECTION 23: WHEN CONTRACT IS DEEMED TO BE CONCLUDED A contract of marine insurance is deemed to be concluded when the proposal of the assured is accepted by the.....
List Judgments citing this sectionNarcotic Drugs and Psychotropic Substances Act, 1985 Chapter 1
Title: Preliminary
State: Central
Year: 1985
.....in relation to any State as a reference to the coming into force of that provision, in that State. ______________________ 1. Inserted by Act 9 of 2001, section 2 (w.e.f. 2-10-2001). 2. Came into force on 14-11-1985, vide S.O. 821 (E), dated 14th November, 1985. Section 2 - Definitions In this Act, unless the context otherwise requires,-- 1 [(i) "addict" means a person who has dependence on any narcotic drug or psychotropic substances;] (ii) "Board" means the Central Board of Excise and Customs constituted under the Central Boards of Revenue Act, 1963 (54 of 1963); (iii) "cannabis (hemp)" means-- (a) charas, that is, the separated resin, in whatever form, whether crude or purified, obtained from the cannabis plant and also includes concentrated preparation and resin known as hashish oil or liquid hashish; (b) ganja, that is, the flowering or fruiting tops of the cannabis plant (excluding the seeds and leaves when not accompanied by the tops), by whatever name they may be known or designated; and (c) any mixture, with or without any neutral material, of any of the above forms of cannabis or any drink prepared therefrom; (iv) "cannabis plant" means.....
View Complete Act List Judgments citing this sectionNarcotic Drugs and Psychotropic Substances Act, 1985 Section 2
Title: Definitions
State: Central
Year: 1985
..... (v) "coca derivative' means-- (a) crude cocaine, that is, any extract of coca leaf which can be used, directly or indirectly, for the manufacture of cocaine; (b) ecgonine and all the derivatives of ecgonine from which it can be recovered; (c) cocaine, that is, methyl ester of benzoyl-ecgonine and its salts; and (d) all preparations containing more than 0.1 per cent. of cocaine; (vi) "coca leaf" means-- (a) the leaf of the coca plant except of a leaf from which all ecgonine, cocaine and any other ecgonine alkaloids have been removed; (b) any mixture thereof with or without any neutral material; but does not include any preparation containing not more than 0.1 per cent. of cocaine; (vii) "coca plant" means the plant of any species of the genus Erythroxylon; 2 [(viia) "commercial quantity", in relation to narcotic drugs and psychotropic substances, means any quantity greater than the quantity specified by the Central Government by notification in the Official Gazette; (viib) "controlled delivery" means the technique of allowing illicit or suspect consignments of narcotic drugs, psychotropic substances, controlled substances or substances substituted.....
View Complete Act List Judgments citing this sectionDangerous Drugs Act, 1930 Complete Act
State: Central
Year: 1930
.....from Government factories for export or to32[State Governments] or to manufacturing chemists. SECTION 06: CONTROL OF CENTRAL GOVERNMENT OVER MANUFACTURE OF MANUFACTURED DRUGS (1) No one shall manufacture any manufactured drug, other than prepared opium, save in accordance with rules made under sub-section (2) and with the conditions of any licence-for that purpose which he may be required to obtain under those rules. (2) The33[Central Government] may make rules34permitting and regulating the manufacture of manufactured drugs, other than prepared opium, and such rules may prescribe the form and conditions of licences for such manufacture, the authorities by which such licences may be granted and the fees that may be charged therefor, and any other matter requisite to render effective the control of the33[Central Government] over such manufacture. (3) Nothing in this section shall apply to the manufacture of medicinal opium or of preparations containing morphine, diacetylmorphine or cocaine from materials which the maker is lawfully entitled to possess. SECTION 07: CONTROL OF CENTRAL GOVERNMENT OVER OPERATIONS AT LAND AND SEA FRONTIERS (1) No one shall" (a) import.....
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