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Start Free TrialSashastra Seema Bal Act 2007 Section 58
Title: Punishment of Persons of or Below the Rank of Commandant Byinspector-general and Others
State: Central
Year: 2007
.....may, in the prescribed mariner, proceed against a person of or below the rank of Subedar-Major or Inspector who is charged with an offence under this Act and award one or more of the following punishments, namely:-- (a) forfeiture of seniority, or in the case of any of them whose promotion depends upon the length of service, forfeiture of service for the. purpose of promotion for a period not exceeding one year, but subject to the right of the accused previous to the award to elect to be tried by a Force Court; (b) severe reprimand or reprimand; (c) deduction from pay and allowances of any sum required to make good any proved loss or damage occasioned by the offence of which, he is convicted. (3) An officer not below the rank of Commandant may, in the prescribed manner, proceed against a person of or below the rank of Subedar-Major or Inspector who is charged with an offence under this Act and award any one or both of the following punishments, namely:-- (a) severe reprimand or reprimand; (b) deduction from pay and allowances of any sum required to make good any proved loss or damage occasioned by the offence of which he is convicted.
View Complete Act List Judgments citing this sectionWarehousing (Development and Regulation) Act 2007 Section 9
Title: Special Powers of Warehouseman to Deal with Perishable Andhazardous Goods
State: Central
Year: 2007
.....time specified in the notice, the warehouseman may sell the goods at public or private sale without advertising. (3) The notice referred to in sub-section (1) may be given by sending it by electronic mail, speed post or registered post or telegraphically addressed to the person to whom it is to be given at the last known address of the person and the notice is deemed to be given on the third day of the mailing. (4) If the warehouseman after a reasonable effort is unable to sell the goods, the warehouseman may dispose of them in such other manner as he deems proper and shall incur no liability for that reason. (5) From the proceeds of any sale or disposal of goods made under this section, the warehouseman shall, after satisfying his lien, hold the balance in trust for the holder of the receipt. (6) No notice shall be necessary if the warehouseman is satisfied on reasonable grounds that in the circumstances of the case giving such notices is likely to cause further prejudice to the goods. (7) If, at any time, the warehouseman is satisfied that the quality of any fungible goods or any part thereof has so deteriorated or is so deteriorating that it is necessary to do so, to.....
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.
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 10
Title: Lien of Warehouseman on Good
State: Central
Year: 2007
.....of the sale shall be published in a leading newspaper having circulation in the locality where, the sale is to be held as well as where the owner of the goods is located and the sale shall be held not less than fourteen days from the date of first publication of the advertisement. (9) The warehouseman shall, from the proceeds of the sale, satisfy his lien and shall pay over the surplus, if any, to the person entitled thereto. (10) If the surplus is not demanded by the person entitled thereto within ten days after the sale of goods or if there are different claims, the warehouseman shall seek instructions from the Authority and act as per the orders of the Authority.
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