Judgment Search Results Home > Cases Phrase: carriage by road act 2007 section 20 power to make rules Page 1 of about 23,908 results (0.336 seconds)

Essemm Logistics Vs. Darcl Logistics Limited

Court : Supreme Court of India

..... the carriage by road act, 2007 (new) which replaced the earlier act vide section 16 provides as under: no suit or other legal proceeding shall be instituted against a common carrier for any loss of, or damage to, the consignment, unless notice in writing of the loss or damage to the consignment has been served on the common ..... it may be noted that the plaintiff-first respondent is a common carrier and is governed by the carriage by road act, 2007 (new act) which came into force with effect from 20.07.2010 repealing the carriers act, 1865.7. ..... the appellant (essemm logistics), who was the first defendant in the suit, has preferred this appeal against the rejection of its counter-claim in exercise of power available under order vii rule 11 of the civil procedure code, 1908 (in short cpc ) by 1 the court of first instance which order has been upheld by the high court.4. ..... . the courts below have clearly lost sight of the above aspect of the matter and without making any distinction between the various kinds of claims otherwise arising other than claims for loss or damage to the consignment, illegally directed to reject the counter-claim.18 ..... ) for a recovery of sum of rs.4,09,53,847/- with interest at the rate of 18% till its realisation, since the first defendant appellant failed to make payments due as per 530 bills raised during the period 14.11.2011 to 31.01.2012.5. .....

M/S Rare Earth Overseas Vs. Container Corporation of India Ltd.

Court : Delhi

..... in section 103 of the railways act, is also to be found in the carriage of goods by road act, 2007, multimodal transportation of goods act, 1993, the carriage by air act, 1972 and the carriage of goods by sea act, 1925 ..... respondent filed a counter affidavit, pleading: (a) that the respondent is governed by the provisions of the railways act with regard to the compensation claim of any kind of loss / damage caused to the consignment in transit; (b) that as per section 103 of the railways act, where the value of a consignment entrusted to railways for carriage has not been declared by the consignor, the amount of liability of the railway administration for the loss, ..... to the central government to prescribe (see section 112 empowering the central government to by notification make rules to carry out the purposes of chapter xi of the act which contains sections 93 to 112 and sub-section (2)(c) whereof specifically provides for the central government to make rules providing for the maximum amount payable by the railways for the loss, destruction, damage, deterioration or non-delivery of any consignment under sub-section (1) of section 103). ..... though the petitioner in the amended petition has inter alia impugned rule 3 of the rules aforesaid and which rules have been framed by the central government in exercise of powers under section 112 of the railways act but we have at the time of dictating the judgment found that the petition does not ..... the buying power of rs.50 today is far less than .....

First Tier Tribunal and Another Vs. Jones (by Caldwell)

Court : UK Supreme Court

..... so too is the unlawful or reckless application of physical force of any kind to the person, directly or indirectly, so that they suffer injury frightening or threatening someone so that they run into the road and are hit by a car, for example: see also reg v martin (1881) 8 qbd 54, where the accused by unlawful conduct caused panic in the course of which a number of people were ..... ) for relief by way of judicial review of the ftt's decision under section 15 of the tribunals, courts and enforcement act 2007. ..... scheme, 'criminal injury' means one or more personal injuries as described in the following paragraph, being an injury sustained in great britain and directly attributable to: (a) a crime of violence (including arson, fire-raising or an act of poisoning); or (b) an offence of trespass on a railway; or (c) the apprehension or attempted apprehension of an offender or a suspected offender, the prevention or attempted prevention of an offence, or the giving of help to any constable who is engaged ..... section 18(6) of the 2007 act enabled the lord chief justice to make directions ..... do not accept that the determination as to whether a section 20 offence is a crime of violence within the scheme rules is anything but a question of law which can only admit ..... given unless requested within one month (see tribunal procedure (first-tier tribunal) (social entitlement chamber) rules 2008 (si 2008/2685), rules 33 and 34). 36. ..... to a crime of violence within the meaning of the scheme rules: para 39. .....

Lalkanglova Sailo Vs. Ngurthantluangi Sailo

Court : Guwahati

..... public utility service has been defined to mean transport service for the carriage of passengers or goods by air, road or water, postal, telegraph or telephone service, supply of power, light or water to the public by any establishment, system of public conservancy or sanitation, service in hospital or dispensary, insurance service or any other service which the central government or the state government may declare to be a ..... on record a notification dated 07/12/2005 issued by the member secretary, mizoram state legal services authority which was issued in exercise of powers conferred under sub section (1) of section 19 of the act nominating various members to constitute benches of permanent lok adalats in the districts. ..... i am of the view that this court had erred in holding that the lok adalat which passed the award dated 30/07/2007 was a permanent lok adalat and further holding that the award was passed under sub-section (8) of section 22-c of the act. ..... reading of section 22-a(b) would make it clear that such a dispute will not come within the ..... section 22c speaks for that any party to a dispute may, before the dispute is brought before any court, make an application to the permanent lok ..... it is a fit case for review under order 47, rule 1 of the civil procedure code and, therefore, i am of the view that the aforesaid decision is required to be recalled, which ..... the defendant shall make approached towards his residence as instructed by ..... the plaintiff shall make payment of rs .....

Air India Ltd. Vs. Tej Shoe Exporters P. Ltd. and anr

Court : Delhi

..... rules 29 and 30 of the first and second schedule to the carriage by air act, 1972, stipulate that right to claim damages is extinguished if an action is not brought within two years from the date of arrival at the destination, or from the date on which the aircraft ought to have arrived, or from the date on which rfa (os) 18/2007 page 6 the carriage stopped ..... liability imposed on the carrier was enhanced from 1,25,000 gold francs per passenger to 2,50,000 gold francs per passenger; besides the protocol provided for simplification of the documents for carriage and also making the carrier liable where the damage was caused by an error in piloting or in handling the air craft or in navigation. ..... suit, appeal or application a period of limitation different from the period prescribed by the schedule, the provisions of section 3 shall apply as if such period were the period prescribed by the schedule and for the purpose of determining any period of limitation prescribed for any suit, appeal or application by any special or local law, the provisions contained in sections 4 to 24 (inclusive) shall apply only in so far as, and to the extent to which, they are ..... it was argued that the suit was time barred as even according to the conditions of the airway bill, it was incumbent on tej shoes to make a complaint in writing within 120 days from the date of the airway bill, in the event of non-delivery of the consignment to the consignee as named in the airway bill, failing which it shall be .....

S. Abdul Salam and Others Vs. Union of India Represented by Its Secret ...

Court : Kerala

..... . terms of the montreal convention 1999, accepted by india giving shape to the carriage by air act, 1972, as amended, incorporating the '3rd schedule', the discussion has mainly to be with specific reference to the relevant provisions, such as section 5 of the act read with rules 17, 20, 21, 26 and 28 of the 3rd schedule. 20 ..... w.e.f. 01.10.1982, providing for payment of a minimum compensation of rs.15,000/- to the claimants in respect of road traffic accident, making it clear that such amount was to be paid by the owner/insurer of the vehicle without any regard to the question of ..... . it was accordingly, that the carriage by air (amendment) bill, 2007 was introduced in the lok sabha on 04.05.2007, which was referred to the concerned committee constituted for examination and reporting ..... co. ltd and another [(2007)10 scc 643] 'no fault liability' does not cease because of 'no dependency'; which on the other hand constitutes an abstract figure payable in all ..... . r2 (c) proceedings of the committee, produced by the second respondent along with their counter affidavit, that the committee in its meeting held on 02.07.2007, heard the views of the secretary, ministry of civil aviation on the bill, besides hearing the views of the various stakeholders, such as, the second respondent, jet airways, travel agents association of india, travel agents federation of india and the air cargo agents association of india on 31.08.2007 .....

M/S.Sargam Foods Pvt.Ltd. and anr. Vs. State of Maharashtra Through th ...

Court : Mumbai

..... at his last address known to the commissioner, require(a) any person from whom any amount of money is due, or may become due, to a dealer or person from whom any amount has become due under these rules and has remained unpaid; or (b) any person who holds or may subsequently hold money for or on account of such dealer or person, to pay to the commissioner, either forthwith upon the money becoming due or being ..... also challenged the prohibitory order dated 5th november, 2007 passed by the 3rd respondent u/s.152 (j) (3) of the bombay provincial municipal corporations act, 1949 (for short the act) attaching the goods, list whereof was annexed to ..... a notice under this subsection is sent fails to make payment in pursuance thereof to the incometax officer, further proceedings may be taken by and before the collector on the footing that the incometax officer's notice has the same effect as an attachment by the collector in exercise of his powers under the proviso to subsection (2) of section 46. ..... , learned counsel for respondent nos.2 & 6 submitted that the order dated 29th november, 2007 passed by the 3rd respondent under rule 35 of the rules is with a view to protecting the legitimate revenue of the corporation. ..... (4) any person, discharging any liability to such dealer or person after receipt of the notice referred to in this rule, shall be personally liable to the commissioner to extent of the liability discharged, or to the extent of the liability of such dealer or person in respect of .....

Mangalore Catholic Co-operative Bank Ltd. Vs. Regional Transport Offic ...

Court : Karnataka

Reported in : AIR2009Kant13; 2009(1)KCCR218; 2009(1)AIRKarR14; AIR2009Kar13

..... petitioner automatically loses the benefit of exemption and when once the exemption is lost in terms of section 4 of the act, the entire liability for the period including the period during which the vehicle was in fact stationary and off the roads and further at 20% compounding fee on that, it is only proper that before either raising a demand of this nature or making the person liable to pay this amount, a proposition notice proposing the action and the ..... niloufer akbar, learned additional government advocate, that such a request should come from the registered owner and not a person like the petitioner, as per section 55 of the mv act, but on the other hand, issued a demand notice dated 2-11 -2007 (annexure-h to the writ petition), calling upon the petitioner to remit a sum of rs. ..... unfortunately for the petitioner, it appears, this appeal was returned with an endorsement dated 26-12-2007 (annexure-l to the writ petition) indicating that as the petitioner had not produced satisfactory proof of payment of admitted tax or amount not disputed in the appeal, the appeal papers were being returned for representation after compliance with the requirements in terms of section 15(2)(a) of the act read with rule 31a(1)(a) of the karnataka motor vehicles taxation rules, 1957 (for short, the rules).7. .....

Anup Mittal (Huf) Vs. M/s. Kanungo Co-Operative Group Housing Society ...

Court : Delhi

..... would be competent to recover cost of the encroachment by virtue of section 30 of the delhi co-operation societies act, 2003 and rule 49 of the delhi co-operation societies rules, 2007. 82 ..... of the land on which these cars would be parked is further mind boggling in terms of the man power utilisation for its acquisition; compensation paid by the government towards its acquisition and the expenses of development of ..... as the number and details of cars owned by him are concerned, the petitioner disclosed the following information:- "s.no.make of carcar no.date of acquisition1.honda citydl7cc-867329/09/20032.tata indicadl3cw-891602/08/20063.toyota innovadl7cg-416108/08/20084.honda ..... the plan of the society was sanctioned by the delhi development authority permitting the construction and prescribing peripheral roads ranging from 6.5 meters to 7.5-8 meters width to enable circulation for the residents, their vehicles as well as emergency vehicles including fire tenders ..... . in the prayer clause of the writ petition, the petitioner has had the temerity to make a prayer for a direction to the respondents to pay litigation (forced litigation) expenses of rs.2,50,000/-to him whereas it is the respondents who have been subjected to the misconceived litigation ..... file an affidavit disclosing his current address as well as the details of his family and dependents cohabiting with him; the number and makes of the cars owned by him as well as the respective dates of acquisition of these cars. 24 .....

Residents Welfare Association Vs. The Union Territory Of Chandigarh

Court : Supreme Court of India

..... the administrator, ut of chandigarh, in exercise of powers conferred under section 22 of the 1952 act, framed the chandigarh estate rules, 2007 (hereinafter referred to as the 2007 rules ) on 7th november 2007. ..... it has been recommended that to prevent undue change or damage to the historic and cultural value of le corbusier s urbanism, interim orders must not be issued to make any modifications in the heritage areas approved by the government of india, the circulation structure, the generic sector, architectural control and the plantations. ..... it further noted that though posh colonies mushroomed in new areas, the infrastructure lagged, as 117 roads remained narrow, the drainage poor, and no adequate provision for garbage disposal too.151. ..... the loss the flood caused to the outer ring road tech corridor alone was estimated to be over rs.225 crore.149 ..... however, in order to meet the demand for space for construction and roads, the administrators allowed the lakes to be breached regularly. ..... when the cities are overcrowded, the roads are narrow and the traffic is increasing, the situation will be extremely hazardous for the children and senior ..... circulation system was conceived as having seven types of roads known as 7vs.4. ..... wide roads were planned in a systematic hierarchy providing structure to the city which has well planned ..... submitted that when such developments are permitted, no studies are conducted to find out as to whether the necessary infrastructure like water, sewage, roads etc. .....