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Start Free TrialCompetition (Amendment) Act 2007 Section 45
Title: Substitution of New Section for Section 58
State: Central
Year: 2007
For section 58 of the principal Act, the following section shall be substituted, namely:-- "58. Chairperson, Members, Director General, Secretary, officers and other employees etc., to be public servants-The Chairperson and other Members and the Director General, Additional, Joint, Deputy or Assistant Directors General and Secretary and officers and other employees of the Commission and the Chairperson, Members, officers and other employees of the Appellate Tribunal shall be deemed, while acting or purporting to act in pursuance of any of the provisions of this Act, to be public servants within the meaning of section 21 of the Indian Penal Code.".
View Complete Act List Judgments citing this sectionWarehousing (Development and Regulation) Act 2007 Section 11
Title: Warehouse Receipts
State: Central
Year: 2007
..... (m) statement of the amount of any advance made and of any liability incurred for which the warehouseman claims his lien; (n) date and signature of the warehouseman or his authorised agent; (o) declared shelf-life of goods; (p) the fact that the warehouseman holds the lien on the goods deposited for his storage and handling charges; and (q) that the receipt would be valid only till the date of expiry of declared shelf-life of the goods for which it is issued. (2) In case a warehouseman wilfully omits from a negotiable warehouse receipt any of the particulars set out in sub-section (1), he shall be liable for damages caused by such omission. (3) No warehouse receipt shall, by reason of the omission only of any of the particulars set-forth in sub-section (1), be deemed to be invalid for the purpose of settlement of disputes or claims. (4) Authority may, with the prior approval of the Central Government, add, delete or modify any particulars as specified in sub-clause (1) for all or any commodity or class of commodities or for any class of warehouses.
View Complete Act List Judgments citing this sectionWarehousing (Development and Regulation) Act 2007 Section 19
Title: Delivery of Goods to Be Made After Due Charges Are Paid
State: Central
Year: 2007
When a negotiable warehouse receipt has been issued in respect of any goods, the warehouseman shall not deliver the goods to the depositor or endorsee, until the due charges are paid to the custodian from the date of initial deposit till delivery is made and the warehouse receipt is surrendered for cancellation.
View Complete Act List Judgments citing this sectionWarehousing (Development and Regulation) Act 2007 Section 18
Title: Subsequent Negotiation of Warehouse Receipts
State: Central
Year: 2007
If a person having sold, mortgaged or pledged goods that are in the custody of a warehouseman and for which a negotiable receipt has been issued, continues in possession of the negotiable receipt, the subsequent negotiation of it by that person under any sale or other disposition of the goods to any person receiving the receipt in good faith, for valuable consideration and without notice of the previous sale, mortgage or pledge, has the same effect as if a previous purchaser, mortgagee or pledgee of the goods, as the case may be, had expressly authorised the subsequent negotiation.
View Complete Act List Judgments citing this sectionWarehousing (Development and Regulation) Act 2007 Section 17
Title: Negotiation of Warehouse Receipt Not Impaired by Fraud, Mistake Orduress
State: Central
Year: 2007
The validity of the negotiation of a receipt is not impaired by the fact that-- (a) the negotiation was a breach of duty on the part of the person making the negotiation; or (b) the owner of the receipt was induced by fraud, mistake or duress to entrust the possession or custody of the receipt to that person, if the person to whom the receipt was negotiated or a person to whom the receipt was subsequently negotiated, paid value for it without knowing of the breach of duty, fraud, mistake or duress.
View Complete Act List Judgments citing this sectionWarehousing (Development and Regulation) Act 2007 Section 16
Title: Non-liability of the Endorser
State: Central
Year: 2007
The endorsement of a receipt does not make the endorser liable for any failure on the part of the warehouseman or previous endorsers of the receipt to fulfil their respective obligations.
View Complete Act List Judgments citing this sectionWarehousing (Development and Regulation) Act 2007 Section 15
Title: Warranties on Negotiation of Warehouse Receipt
State: Central
Year: 2007
A person who, for valuable consideration, negotiates a negotiable warehouse receipt by endorsement and delivery, including one who assigns for valuable consideration, a claim secured by a receipt, unless a contrary intention appears, warrants the following:-- (a) that the receipt is genuine; (b) that the person has a legal right to negotiate or transfer it; (c) that the person has no knowledge of any fact that would impair the validity of the receipt; (d) that the person has a right to transfer the title to the goods; and (e) that the goods are merchantable or fit for a particular purpose when those warranties would have been implied, if the contract of the parties had been to transfer without a receipt the goods represented by it.
View Complete Act List Judgments citing this sectionWarehousing (Development and Regulation) Act 2007 Section 14
Title: Transfer of Negotiable Warehouse Receipts Without Endorsement
State: Central
Year: 2007
Where a negotiable receipt is transferred for valuable consideration by delivery, and the endorsement of the transferor is essential for negotiation, the transferee acquires a right against the transferor to compel him to endorse the receipt, unless a contrary intention appears, and the negotiation takes effect as of the time when endorsement is made.
View Complete Act List Judgments citing this sectionWarehousing (Development and Regulation) Act 2007 Section 13
Title: Negotiation of Warehouse Receipt by Delivery
State: Central
Year: 2007
A negotiable warehouse receipt may be negotiated by its delivery if, by the terms of the receipt, the warehouseman undertakes to deliver the goods to the order of a named person, and that person or a subsequent endorsee has endorsed it.
View Complete Act List Judgments citing this sectionWarehousing (Development and Regulation) Act 2007 Section 12
Title: Negotiability of Warehouse Receipts
State: Central
Year: 2007
(1) The words in a negotiable warehouse receipt limiting its negotiability shall be void. (2) A warehouseman who issues a non-negotiable warehouse receipt shall cause to be plainly marked upon its face the words "non-negotiable" or "not negotiable" in English or in the language in which it is issued. (3) In case of non-compliance of sub-section (2), a holder of the warehouse receipt who purchases it for valuable consideration believing it to be a negotiable warehouse receipt may, at his option, treat the receipt as vesting in him all rights attaching to a negotiable warehouse receipt and imposing upon the warehouseman the same liabilities which he would have incurred had the receipt been a negotiable warehouse receipt and the warehouseman shall be liable accordingly. (4) A negotiable warehouse receipt shall be valid for delivery till the date of expiry of the declared shelf-life of the goods for which it is issued.
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