Judgment Search Results Home > Cases Phrase: multimodal transportation of goods act 1993 section 23 general average Court: supreme court of india Page 1 of about 245 results (0.209 seconds)

Liverpool and London S.P. and I Asson. Ltd. Vs. M.V. Sea Success I and ...

Court : Supreme Court of India

Reported in : JT2003(9)SC218; 2003(10)SCALE1; (2004)9SCC512

..... been placed on the inland vessels act, 1917 (as amended in the year 1977), the merchant shipping act, 1956 (as amended in 1983) and multimodal transportation of goods act, 1993 (as amended in 2000) and in that view of the matter the pedantic and regressive view should be discouraged specially in the light of ..... from time to time. [see national insurance co. ltd., chandigarh v. nicolletta rohtagi and ors.].71. the multimodal transportation of goods (amendment) act 2000 inter alia provides for responsibilities and liabilities of the multimodal transport operator. by reason of act 44 of 2000 a proviso has been added. section 5 of the said act ..... 5. in section 7 of the principal act, in sub-section (1), the following proviso shall be inserted, namely:- 'provided that the multimodal transport operator shall issue the multimodal transport document only after obtaining and during the subsistence of a valid insurance cover.' circulars:72. the insurance association has issued a circular dated 20th .....

M/S Caravel Shipping Services Pvt. Ltd. Vs. M/S Premier Sea Foods Exim ...

Court : Supreme Court of India

..... section 8(3) application was filed in the same year as that of 6 the suit. we may also add that we have not gone into the multimodal transportation of goods act, 1993 for the reason that whether the present bill of lading is governed by the provisions of the act (section 26 in particular) or not would ..... have to be dismissed.4) in the original petition filed under article 227 of the constitution of india, the high court referred to certain provisions of the multimodal transportation of goods act, 1993, and also stated that the arbitration clause, being in a printed condition, there being no intention to arbitrate and nothing to show that clause 25 ..... counsel for both parties, we are of the view that the bill of lading makes it clear that the term merchant (which is defined in the standard conditions governing multimodal transport documents - clause (1) (e) as meaning shipper, consigner or consignee) expressly agrees to be bound by all the terms, conditions, clauses and exceptions on both .....

Shipping Corporation of India Ltd. Vs. Bharat Earth Movers Ltd. and an ...

Court : Supreme Court of India

Reported in : AIR2008SC728; (2008)1MLJ992(SC); (2008)2SCC79; 2007AIRSCW7873; 2008(3)KCCR1742

..... the respondents, however, supported the impugned judgment.11. before embarking on the questions raised before us, we at the outset may observe that the provisions of the multimodal transportation of goods act, 1993 whereto reference has been made by the parties before the high court are not applicable as admittedly the mode of ..... act (except article 20bis) shall apply to the carriage of goods by ship from a loading port ..... transport was by sea only and did not involve any multimodal transportation as defined in section 2(k) thereof.12. the scope of the japanese act is stated in article 1 thereof sating:the provision of this .....

M/s. Vellanki Frame Works Vs. Commercial Tax Officer

Court : Supreme Court of India

..... in the ordinary course of business as proof of the possession or control of goods, or authorizing or purporting to authorise, either by endorsement or by delivery, ..... the expression document of title to goods in section 2(4) of the sale of goods act as under:- (4) document of title to goods includes a bill of lading, dock- warrant, warehouse keeper s certificate, wharfingers certificate, railway receipt, multimodal transport document, warrant or order for the delivery of goods and any other document used ..... occasioned the export was a sale that took place in the course of export of the goods. if a, a merchant in india, sells his goods to a merchant in london and puts through the transaction by transporting the goods by a ship to london, the said sale which occasioned the export is exempted under .....

Mayar (H.K.) Ltd. and ors. Vs. Owners and Parties, Vessel M.V. Fortune ...

Court : Supreme Court of India

Reported in : AIR2006SC1828; 2006(2)ALD36(SC); III(2006)BC156(SC); (SCSuppl)2006(2)CHN53; [2006(2)JCR344(SC)]; JT2006(2)SC48; 2006(2)SCALE30; (2006)3SCC100; (2006)1Supreme677

..... deck or under deck without notice to the merchant as received by him or at the carrier's option by means of containers or similar articles of transport used to consolidate goods. sub-clause (c) thereof provides that the carrier's liability for the cargo stowed shall be governed by the hague rules as defined above notwithstanding ..... which by the contract of carriage is stated as being carried on deck and is so carried; [unlamented clause](c) 'goods' includes any property including live animals as well as containers, pallets or similar articles of transport or packaging supplied by the consignor, irrespective of whether such property is to be or is carried on or under the ..... be stowed by the carrier as received or, at carrier's option, by means of containers, or similar articles of transport use to consolidate goods.(b) containers, trailers and transportable tanks whether stowed by the carrier or received by him in a stowed condition from the merchant, may be carried on or under deck without .....

Trans Mediterranean Airways. Vs. M/S Universal Exports, and anr.

Court : Supreme Court of India

..... to have furnished the correct and proper particulars of the consignee in the airway bill. the appellant is an air line carrier of high repute and they effect transportation of goods to various parts of the world including spain and, therefore, it can safely be presumed that the carriers were fully aware of the consignee's name, which ..... that the disputes redressal agency provided for in the act will have the jurisdiction to entertain complaints in which the claim for loss or damage of goods entrusted to a carrier for transportation is in dispute. 32). in our view, the protection provided under the cp act to consumers is in addition to the remedies available under any ..... international cargo carrier, with its principal place of business at beirut, lebanon. respondent no.1 is a garment exporter and respondent no.2 is an accredited international air transport association agent. by this appeal, we are called upon to examine and reconcile the area of operation of the c p act on the one hand, and the .....

Jagjit Cotton Textile Mills Vs. Chief Commercial Superintendent N.R. a ...

Court : Supreme Court of India

Reported in : 1998IVAD(SC)185; AIR1998SC1959; JT1998(3)SC297; 1998(3)SCALE209; (1998)5SCC126; [1998]2SCR1065

..... from the subsequent notifications under the coal control order, 1945 set out in the recent judgment of this court in coal india ltd. and anr. v. continental transport and construction corporation & others, : [1997]3scr1 .32. yet another endeavour was made by the learned counsel for the railways to contend that the contract between ..... rule 161a can therefore, be resorted to for collecting these penal charges from the consignee also. after all, the consignee had received delivery of the overloaded goods and used the same for their business, commercial or industrial purposes. for the above reasons, a statutory provision like section 73 or rule 161a which permits ..... all consignees of coal from the collieries. the issue relates to the right of the railways to recover 'penal charges' relating to overloading of coal in goods wagons beyond the permissible carrying capacity' of each wagon, from the consignees. while the railways claim that the said charges can be recovered from the appellants- .....

Narmada Bachao Andolan Vs. Union of India and Others

Court : Supreme Court of India

Reported in : AIR2000SC3751; (2001)1GLR434; 2000(7)SCALE34; (2000)10SCC664; [2000]Supp4SCR94

..... continued existence of snail darter which was an endangered species would be completely jeopardised.126. two other decisions were referred to by sh. shanti bhushan - arlington coalition on transportation v. john a. volpe (1972) 458 f.2d 1323 and environmental defense fund, inc. v corps of engineers of united states army (1971) 325 f. supp ..... area on the right bank of the proposed reservoir exhibited a highly degraded ecosystem which was in contract to the left bank area where there was fairly good forest cover which formed part of shoolpaneshwar wildlife sanctuary. with regard to the study of fauna, the said report indicated that a well-balanced and viable ..... to the early implementation of the sardar sarovar project. the question of environmental protection also needs serious attention. i wish you and the people of surendranagar a good monsoon.88. from the documents and the letters referred to hereinabove, it is more than evident that the government of india was deeply concerned with the .....

Southern Petrochemical Industries Co. Ltd. Vs. Electricity Inspector a ...

Court : Supreme Court of India

Reported in : AIR2007SC1984; 2007(2)CTC273; 2007LC(SC)1166; (2007)4MLJ723(SC); 2007(7)SCALE392; (2007)5SCC447; 2007AIRSCW3752; JT2007(7)SC613;

..... of repeal even if there is a simultaneous re-enactment unless a contrary intention can be gathered from the new statute....93. in gajrai singh and ors. v. state transport appellate tribunal and ors. : air1997sc412 , this court held:24. when there is a repeal and simultaneous re-enactment, section 6 of the gc act would apply to ..... entries 31 and 49, list n, the word 'sale' was used in a wider sense than in the sale of goods act, 1930. entry 31 is intoxicating liquors and narcotic drugs, that is to say, the production, manufacture, possession, transport, purchase and sale of intoxicating liquors, opium and other narcotic drugs...'. the argument is that 'sale' in the entry ..... -sixth amendment does not give a licence, for example, to assume that a transaction is a sale and then to look around for what could be the goods. the word goods has not been altered by the forty-sixth amendment. that ingredient of a sale continues to have the same definition. the second respect in which gannon dunkerley .....

Bharat Sanchar Nigam Ltd. and anr. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : AIR2006SC1383; (2006)4CompLJ330(SC); (2006)201CTR(SC)346; [2006]282ITR273(SC); JT2006(3)SC114; 2006(2)SCALE752; (2006)3SCC1; [2006]145STC91(SC); 2006[2]STR161; [2006]152

..... was not really in issue. incidentally, the decision in mckinley telephones has been distinguished in several subsequent decisions of the united states. [see fleetway, inc. v. public service interstate transport co. (1934) 72 f.2d 761 . state broadcasting co. v. united press intern. inc. (1966) 369 f 2d 268 , columbia broadcasting system, inc. v. ..... amendment does not give a licence for example to assume that a transaction is a sale and then to look around for what could be the goods. the word 'goods' has not been altered by the 46th amendment. that ingredient of a sale continues to have the same definition. the second respect in which ..... limited on account of the fact that a transaction may have been described as a service in any legislative enactment or contract or licence. similarly, the expression 'goods' had a very wide and comprehensive meaning and assuming delivery is necessary would include the entire telephone system as well as telephone appliances, instruments, materials, towers, .....