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Start Free TrialRAILWAYS ACT, 1989 Section 97
Title: Goods carried at owner's risk rate
State: Central
Year: 1989
Notwithstanding anything contained in section 93, a railway administration shall not be responsible for any loss, destruction, damage, deterioration or non-delivery in transit, of any consignment carried at owner's risk rate, from whatever cause arising, except upon proof, that such loss, destruction, damage, deterioration or non-delivery was due to negligence or misconduct on its part or on the part of any of its servants: Provided that-- (a) where the whole of such consignment or the whole of any package forming part of such consignment is not delivered to the consignee or the endorsee and such non-delivery is not proved by the railway administration to have been due to fire or to any accident to the train; or (b) where in respect of any such consignment or of any package forming part of such consignment which had been so covered or protected that the covering or protection was not readily removable by hand, it is pointed out to the railway administration on or before delivery that any part of that consignment or package had been pilfered in transit, the railway administration shall be bound to disclose to the consignor, the consignee or the endorsee how the.....
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 sectionRailways Act, 1989 Section 79
Title: Weighment of Consignment on Request of the Consignee or Endorsee
State: Central
Year: 1989
A railway administration may, on the request made by the consignee or endorsee, allow weighment of the consignment subject to such conditions and on payment of such charges as may be prescribed and the demurrage charges if any: Provided that except in cases where a railway servant authorised in this behalf considers it necessary so to do, no weighment shall be allowed of goods booked at owner's risk rate or goods which are perishable and are likely to lose weight in transit: Provided further that no request for weighment of consignment in wagon-load or train-load shall be allowed if the weighment is not feasible due to congestion in the yard or such other circumstances as may be prescribed.
View Complete Act List Judgments citing this sectionIndian Bills of Lading Act, 1856 Section 1
Title: Rights Under Bills of Lading to Vest in Consignee or Endorsee
State: Central
Year: 1856
Every consignee of goods named in a bill of lading and every endorsee of a bill of lading to whom the property in the goods therein mentioned shall pass, upon or by reason of such consignment or endorsement shall have transferred to and vested in him all rights of suit, and be subject to the same liabilities in respect of such goods as if the contract contained in the bill of lading had been made with himself.
View Complete Act List Judgments citing this sectionIndian Bills of Lading Act, 1856 Section 3
Title: Bill of Lading in Hands of Consignee, Etc. Conclusive Evidence of the Shipment as Against Master Etc
State: Central
Year: 1856
Every bill of lading in the hands of a consignee or endorsee for valuable consideration representing goods to have been shipped on board a vessel, shall be conclusive evidence of such shipment as against the master or other person signing the same, notwithstanding that such goods or some part thereof may not have been so shipped, unless such holder of the bill of lading shall have had actual notice at the time of receiving the same that the goods had not in fact been laden on board: PROVIDED that the master or other person so signing may exonerate himself, in respect of such misrepresentation, by showing that it was caused without any default on his part, and wholly by the fraud of the shipper or of the holder, or some person under whom the holder claims.
View Complete Act List Judgments citing this sectionDelhi Apartment Ownership Act, 1986 Chapter IV
Title: Association of Apartment Owners and Bye-laws for the Regulation of the Affairs of Such Association
State: Central
Year: 1986
.....and shall be divided amongst all the apartment owners in the percentage equal to the percentage of undivided interest owned by each apartment owner in the property after paying out, all the respective shares of the apartment owners to the extent sufficient for the purpose and all charges on the undivided interest in the property owned by each apartment owner. Section 18 - Action (1) Without prejudice to the rights of any apartment owner, action may be brought by the Board of Manager, in either case in the discretion of the Board on behalf of two or more of the apartment owners as their respective interest may appear, with respect to any cause of action relating to the common areas and facilities or more than one apartment. (2) The service of process on two or more apartment owners in any action relating to the common areas and facilities or more than one apartment may be made on the person, designated in the bye-laws to receive service of process.
View Complete Act List Judgments citing this sectionDelhi Apartment Ownership Act, 1986 Section 15
Title: Association of Apartment Owners and Bye-laws Relating Thereto
State: Central
Year: 1986
.....of the property; (r) such other matters as are required to be, or may be, provided for in the bye-laws. (4) This bye-laws framed under sub-section (2) may also contain provisions, not inconsistent with this Act,-- (a) enabling the Board to retain certain areas of the building for commercial purposes and to grant lease of the areas so retained, and to apply the proceeds of such lease for the reduction of the common expenses for maintaining the building, common areas and facilities, and if any surplus is left after meeting such expenses, to distribute such surplus to the apartment owners as income; (b) relating to the audit of the accounts of the Association of Apartment Owners and of the Board, and of the administration of the property; (c) specifying the times at which, and the manner in which annual general meetings and special general meetings of the Association of Apartment Owners shall be held and conducted; (d) specifying the time at which and the manner in which, the annual report relating to the activities of the Association of Apartment Owners shall be submitted; (e) specifying the manner in which the income derived and expenditure incurred by the.....
View Complete Act List Judgments citing this sectionHire-purchase Act, 1972 [Repealed] Chapter V
Title: Rights and Obligations of the Owner
State: Central
Year: 1972
.....of the arrears of hire due shall be subject to the provisions of section 17; (b) subject to the conditions specified in clauses (a) and (b) of sub-section (2) of section 10, to forfeit the initial deposit, if so provided in the agreement; (c) subject to the provisions of section 17 and section 20 and subject to any contract to the contrary, to enter he premises of the hirer and seize the goods; (d) subject to the provisions of section 21 and section 22, to recover possession of the goods by application under section 20 or by suit; (e) without prejudice to the provisions of sub-section (2) of section 14 and of section 15, to damages for non-delivery of the goods, from the date on which termination is effective, to the date on which the goods are delivered to or seized by the owner. Section 20 - Restriction on owner's right to recover possession of goods otherwise than through court (1) Where goods have been let under a hire-purchase agreement and the statutory proportion of the hire-purchase price has been paid, whether in pursuance of the judgment of a court or otherwise, or tendered by or on behalf of the hirer or any surely, the owner shall not enforce any right to.....
View Complete Act List Judgments citing this sectionDepositories Act, 1996 (22 of 1996) Chapter III
Title: Rights and Obligations of Depositories, Participants Issuers and Beneficial Owners
State: Central
Year: 1996
..... Section 11 - Register of beneficial owner Every depository shall maintain a register and an index of beneficial owners in the manner provided in section 150, section 151 and section 152 of the Companies Act, 1956 (1 of 1956). Section 12 - Pledge or hypothecation of securities held in a depository (1) Subject to such regulations and bye-laws, as may be made in this behalf, a beneficial owner may with the previous approval of the depository create a pledge or hypothecation in respect of a security owned by him through a depository. (2) Every beneficial owner shall give intimation of such pledge or hypothecation to the depository and such depository shall thereupon make entries in its records accordingly. (3) Any entry in the records of a depository under sub-section (2) shall be evidence of a pledge or hypothecation. Section 13 - Furnishing of information and records by depository and issuer (1) Every depository shall furnish to the issuer information about the transfer of securities in the name of beneficial owners at such intervals and in such manner as may be specified by the bye-laws. (2) Every issuer shall make available to the depository copies of the.....
View Complete Act List Judgments citing this sectionCoking Coal Mines (Nationalisation) Act, 1972 Chapter II
Title: Acquisition of the Rights of Owners of Coking Coal Mines and Coke Oven Plants
State: Central
Year: 1972
.....order in writing, that the right, title and interest of an owner in relation to a coking coal mine or coke oven plant referred to, respectively, in section 4 or section 5 shall, instead of continuing to vest in the Central Government, vest in the Government company either on the date of publication of the direction or on such earlier or later date (not being a date earlier than the appointed day), as may be specified in the direction. (2) Where the right, title and interest of an owner in relation to a coking coal mine or coke oven plant vest in a Government company under sub-section (1), the Government company shall, on and from the date of such vesting, be deemed to have become-- (a) the lessee in relation to such coking coal mine as if a mining lease in relation to such coking mine had been granted to the Government company under the Mineral Concession Rules, the period of such lease being the entire period for which such lease could have been granted under those Rules; (b) the owner of the coke oven plant, and all the rights and liabilities of the Central Government in relation to such coking coal mine or coke oven plant shall, on and from the date of such vesting, be.....
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