Judgment Search Results Home > Cases Phrase: multimodal transportation of goods act 1993 chapter 5 miscellaneous Sorted by: old Page 16 of about 342 results (0.110 seconds)

United India Insurance Co. Ltd. Vs. Mohanlal Aggarwal

Court : Gujarat

Reported in : (2004)1GLR637; [2004]53SCL330(Guj)

..... the companies act, it does not follow that it thereby ceases to be an instrumentality or agency of the state. it was held that the central inland water transport corporation ltd. was nothing but the government operating behind a corporate veil, carrying out a governmental activity and governmental functions of vital public importance. there can thus be ..... the policy and no other meaning of the words used was conceivable. the policy was taken out against loss suffered by the destruction of or damage to certain goods by fire.(c) the decision of the supreme court in tata cellular v. union of india : air1996sc11 was cited for pointing out the principles culled out by ..... renewal was not automatic. whether renewal should be given or not, would depend upon the experience gained with the insured and if the insurer finds that it is not good to continue business with the insured, when it becomes burdensome, the insurer can stop it and refuse to renew such a policy. it was further contended that if .....

Union of India (Uoi), South Central Railways Vs. Kurukundu Balakrishna ...

Court : Andhra Pradesh

Reported in : II(2004)ACC591; 2004ACJ529; 2004(1)ALD449; 2004(1)ALT100

..... decisions under the motor vehicles act to convince the court that the propositions underlying thereto can be applied in the case of railway accidents. reliance was placed on thoznilalar transport company v. valliammal and ors. prakash anand pednekar v. sitabai r. gawas : air1995bom118 , and purushothama devadiga v. thangamma , for the definition of 'passenger'. ..... as:'in this act, unless the context otherwise requires 'railway' means a railway, or any portion of a railway, for the public carriage of passengers or goods, and includes--(a) all lands within the fences or other boundary marks indicating the limits of the land appurtenant to a railway;(b) all lines of rails ..... in pursuance of the principle that law should serve the public interest, courts have evolved the important technique known as 'construction in bonam partem (in good faith)'. if a statutory benefit is given on a specified condition being satisfied, it is presumed that the legislature intended the benefit to operate only when .....

G. Md. Masoom Vs. S.K. Khader Vali and anr.

Court : Andhra Pradesh

Reported in : II(2004)ACC794; 2005ACJ1802; 2004(2)ALD324

..... during the period when it was under repair. in support of this contention the counsel relied on a recent decision of the karnataka high court in karnataka state road transport corporation v. v.k. abdul majeed, : ilr1990kar1493 . the division bench considering a similar argument has held that it is a settled position in law that the ..... shall be liable to pay compensation for loss occasioned by death of or personal injury to a passenger and also for loss, destruction or deterioration of animals or goods of the passenger caused due to an 'accident in course of working a railway' irrespective of the question of liability under the general law which depends on negligence ..... alia, thus:'injury (1) 'injury', 'injuria', (1) a wrong or damage to a man's person or goods.'thus, the very first definition given therein shows that 'injury' includes, a wrong or damage to a man's person or goods.10. the word 'sustain' is defined in webster's dictionary, third edition, vol. iii thus:'sustain', to give .....

The State of West Bengal Vs. Kesoram Industries Ltd. and ors.

Court : Supreme Court of India

Reported in : (2004)187CTR(SC)219; [2004]266ITR721(SC); JT2004(1)SC375; 2004(1)SCALE425; (2004)10SCC201

..... knowledge, and does not need any evidence to demonstrate, thatmining activity carried on the land within the special area involvesextraction, removal, loading-unloading, and transportation of the mineralsaccompanied by its natural consequences entailed on the environment and theinfrastructure such as roads, water and power supply etc. within thespecial area. the ..... production was broughtwithin the purview of the act. section 9 empowered the central governmentto levy cess for the purpose of the act on all goods manufactured orproduced in any scheduled industries including coal. the constitution benchheld that the central act was passed to provide for the development andregulation ..... statement of frankfurter, j.in morey v. doud, (1957) 354 us 457:- "in the utilities, tax and economic regulation cases, there are good reasons for judicial self-restraint if not judicial deference to legislative judgment. the legislature after ail has the affirmative responsibility. the courts have only the power .....

Ranga Reddy District Sarpanches' Association and Ors. Vs. Government o ...

Court : Andhra Pradesh

Reported in : 2004(2)ALD1; 2004(1)ALT659

..... of the education act, 1944. the statutory expression that fell for consideration reads: a local education authority shall make such necessary arrangements for the provision of transport and otherwise, as they consider necessary (emphasis). in interpreting this expression. lord keith of kinkel, with whom the other law lords concurred, held: ..... to those who elected them, entrenches accountability eventually to the state government and its enforcement agencies. this process has negated the fundamental postulate of good governance which requires that those who exercise power are accountable to those from whom they derive such power. such accountability is a condition of ..... [1964]4scr280 , u.p. state electricity board v. hari shankar jain, air 1979 sc 65, indian aluminium company limited v. karnataka electricity board, : [1992]3scr213 , good year india limited v. state of haryana, , synthetics and chemicals limited v. state of u.p., , atam prakash v. state of haryana, : [1986]1scr399 , francis .....

The State of Punjab and anr. Vs. Harish Chandra (India) Pvt. Ltd.

Court : Punjab and Haryana

Reported in : 2004(2)ARBLR203(P& H)

..... in his judgment under appeal. accordingly, i shall also deal with the aforesaid contentions separately and independently, claim-wise.claim-a : additional expenditure involved in the transportation of excavated material30. the aforesaid claim was preferred by the contractors and was accepted by the arbitrator. the learned civil judge also rejected the objections filed by the ..... that the arbitrator has made a finding which is erroneous in law the court cannot interfere unless the finding is stated in the award.where an award is good on the face, it will be presumed, in the absence of evidence to the contrary, that everything has been rightly and regularly performed.'17. it has ..... pleas. it was maintained by the contractors that the arbitrator had duly appreciated the claims and the reply filed, respectively, by the parties and had given good reasons in support of the award and the arbitrator was not required to write a judgment like a civil court.8. the contractors further maintained that the .....

Till Vs. Scs Credit Corp.

Court : US Supreme Court

..... what heartless bankruptcy judge can be expected to demand that the unfortunate debtor pay triple the prime rate as a condition of keeping his sole means of transportation? it challenges human nature. iii justice thomas rejects both the formula approach and the contract-rate approach. he reads the statutory phrase property to be distributed ..... at the time of bankruptcy derives no benefit at all from rash , but still faces some risk of collateral depreciation.[ footnote 17 ] there are very good reasons for congress to prescribe full risk compensation for creditors. every action in the free market has a reaction somewhere. if subprime lenders are systematically undercompensated in ..... actually loaned funds to the debtor as a presumption that the bankruptcy judge could revise on motion of either party. since that rate is generally a good indicator of actual risk, disputes should be infrequent, and it will provide a quick and reasonably accurate standard. i the contract-rate approach makes two .....

U.P. State Electricity Board Vs. Shri Shiv Mohan Singh and anr.

Court : Supreme Court of India

Reported in : AIR2004SC5009; JT2004(8)SC272; 2004(3)KLT686(SC); (2005)ILLJ117SC; 2004(8)SCALE475; (2004)8SCC402; (2005)1UPLBEC175

..... bhawan, lucknow and ors., 2000 (86) flr 155, sri chittaranjan das v. durgapore project limited and ors., 1995 (2) clj 388, babulal and ors. v. rajasthan state road transport corporation and anr., 2000 (84) flr 847 and mitrangshu roy choudhary v. union of india and ors., : (1999)illj897sc ).125. a division bench of the gujarat high court in ..... . suresh and ors. : (1999)illj1086sc . in this case, their lordships held that court must decide in interest of the public inspired by principle of justice, equity and good conscience. similarly, in the case of air india statutory corporation and ors. v. united labour union and ors. : (1997)illj1113sc ( though this case is no more a ..... good law with regard to the contract labour (regulation and abolition ) act 1970 because subsequent decision of the constitution bench has reversed this decision in the case of steel .....

Crystal Developers Vs. Smt. Asha Lata Ghosh (Dead) Through Lrs. and or ...

Court : Supreme Court of India

Reported in : AIR2004SC4980; 2005(1)ALD1(SC); 2005(5)ALLMR(SC)64; (2005)1CALLT45(SC); 2004(5)CTC121; JT2004(9)SC64; (2004)4MLJ172(SC); 2004(8)SCALE390; (2005)9SCC375

..... that the transferor was the ostensible owner of the property and that the transferee had after taking reasonable care to ascertain that the transferor had power to transfer, acted in good faith.58. in the case of seshumull m. shah v. sayed abdul rashid and ors. : air1991kant273 , it has been held that in every case, where ..... 263 exist. however, till the grant is revoked, the grantee is the only legal representative of the deceased and people may safely deal with such representative in good faith in due course of administration and such dealings will be protected even if the grant is subsequently revoked. accordingly, it was held that revocation of the grant ..... invalidate any previous dealing of the executor as long as they are done in due course of administration of the estate or they are with persons acting in good faith. that an administrator derives his authority from his appointment by the court whereas an executor derives his authority from the will. that the letters of administration .....

New India Assurance Co. Ltd. Vs. Bhimavarapu Prathap and ors.

Court : Andhra Pradesh

Reported in : 2006ACJ1076; 2004(6)ALD742

..... vehicle.11. as can be gathered from the definitions itself, a light motor vehicle can as well be used as a public service vehicle to transport goods or an educational institution bus. in the instant case, the vehicle involved in the accident is a jeep, which is admittedly a light motor vehicle ..... or more of them are; (a) motor-cycle without gear, (b) motor-cycle with gear, (c) invalid carriage, (d) light motor vehicle, (e) transport vehicle, (f) road roller, and (g) motor vehicle of other specified description. the definition clause in section 2 of the act defines various categories of vehicles, ..... (2) of section 10. they are 'goods carriage', 'heavy goods vehicle', 'heavy passenger motor vehicle', 'invalid carriage', 'light motor vehicle', 'maxi-cab', 'medium goods vehicle', 'medium passenger motor vehicle', 'motor-cab', 'motor-cycle', 'omnibus', 'private service vehicle', 'semi-trailer', 'tourist vehicle', 'tractor', 'trailer' and 'transport vehicle'.13. it is further observed with regard .....