Judgment Search Results Home > Cases Phrase: multimodal transportation of goods act 1993 section 23 general average Court: us supreme court Page 1 of about 120 results (0.306 seconds)

Kawasaki Kisen Kaisha Ltd. Vs. Regal-beloit Corp.

Court : US Supreme Court

..... of containers can occur when the contents are damaged by rough handling, seepage, or theft, at some unknown point. see h. kindred & m. brooks, multimodal transport rules 143 (1997). indeed, adopting the court of appeals approach would seem to require rail carriers to open containers at the port to check if damage has ..... ninth circuit s interpretation, there might be no venue in which to sue the receiving carrier. that interpretation would also undermine cogsa and international, container-based multimodal transport: cogsa s liability and venue rules would apply when cargo is damaged at sea and carmack s rules almost always would apply when the damage occurs on ..... lading. the initial carrier in that instance receives the property at the shipment s point of origin for overseas multimodal import transport, not for domestic rail transport. (today s decision need not address the instance where goods are received at a point in the united states for export. nor is it necessary to decide if carmack .....

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 .....

In Re: Noise Pollution - Implementation of the Laws for Restricting Us ...

Court : Supreme Court of India

Reported in : AIR2005SC3136; 2005(3)AWC2685(SC); 2005(5)BomCR553; 121(2005)DLT547(SC); [2005(4)JCR4(SC)]; JT2005(6)SC210; (2005)5SCC733

..... social development.79. for purposes of this law, 'environmental noise' means the sound that is emitted in the course of industrial production, construction, transportation and social activities and that impairs the living environment of the neighbourhood.80. the competent administrative department for environmental protection under the state council shall, ..... manufactured and sold for export purpose may be excluded from the purview of the firecrackers' noise standards provided they follow the rules for manufacturing of goods for export. this will enable the manufacturers to compete in the world market with the other suppliers of firecrackers. the firecrackers manufactured for export shall ..... to be sold in india. in case these firecrackers are found being sold in indian territory, then the manufacturer and the dealer selling these goods should be held liable.how to check/control noise pollution169. the need for checking noise pollution as highlighted by the petitioners and several interveners .....

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 .....

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 .....

West Bengal Electricity Regulatory Commission Vs. C.E.S.C. Ltd. Etc. E ...

Court : Supreme Court of India

Reported in : AIR2002SC3588; [2003(1)JCR194(SC)]; JT2002(7)SC578; 2002(7)SCALE217; (2002)8SCC715

..... of cross subsidy. one of the reasons given by the high court in this regard is that the calcutta tramways which is otherwise running a cheap transportation system might have to increase its fare and the same cannot be permitted since the calcutta tramways were not heard in the matter of fixation of tariff ..... 1948 act are entirely different from the objects of the 1998 act. the 1948 act under schedule vi does not contemplate taking into account the factors like good performance of the company as also the consumers' interests in its expenditure while considering a particular expenditure as 'properly incurred expenditure'. while the 1998 act ..... the cost of supply of electricity at an adequate and improving level of efficiency;(d) the factors which would encourage efficiency, economical use of the resources, good performance, optimum investments, and other matters which the state commission considers appropriate for the purposes of this act;(e) the interests of the consumers are safeguarded .....

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 .....

Maharashtra Rajya Sahkari Sakkar Karkhana Sangh Ltd. and ors. Vs. Stat ...

Court : Supreme Court of India

Reported in : JT1995(3)SC581; 1995(2)SCALE772; 1995Supp(3)SCC475; [1995]3SCR377

..... all necessary input for growing sugarcane such as seeds, fertiliser, technical know-how, guarantee, finance for crop loan and also undertakes an activity of harvesting and transporting of sugarcane. the application points out that the claim of the non-members was not justified as when there was a glut then it were the karkhanas ..... the sugar factories such as sugarcane crushing, sugar recovery, sugar bags produced, quantity sold as levy and free, income from other items, cost relating to harvesting and transport of cane, sugar factory wages, power, fuel chemical and other expenses, depreciation provision etc. etc. according to the affidavit broadly these principles related to, (a) ..... and it is not possible to transport the sugarcane in adequate quantity to any of such factories. the affidavit further points out that in those areas where there is adequate sugarcane supply or they have good potential for growing sugarcane but there is no sugar factory they have been kept free so that the .....

Reliance Natural Resources Ltd. Vs. Reliance Industries Ltd.

Court : Supreme Court of India

Reported in : 2007(Supp.)Bom.C.R.925

..... operations or production operations or any combination of two or more of such operations, including construction, operation and maintenance of all necessary facilities..... environmental protection, transportation, storage, sale or disposition of petroleum to the delivery point.... and all other incidental operations or activities as may be necessary.' further article 21.6 ..... arrangements, classification, placement, disposition, apportionment, the system of disbursing goods throughout the community.20. in salar jung sugar mills ltd. etc. v. state of mysore and ors. : (1972) 1 scc 23 at page 36 ..... the economic order. it embraces the entire material resources of the community. its goal is so to undertake distribution as best to sub-serve the common good. it re-organizes by such distribution the ownership and control. to distribute, would mean, to allot, to divide into classes or into groups and embraces .....

Peacock Plywood Pvt. Ltd. Vs. the Oriental Insurance Co. Ltd.

Court : Supreme Court of India

Reported in : I(2007)ACC47; 2007(1)ALLMR(SC)905; 2007(1)CTLJ53(SC); JT2007(1)SC191; 2006(14)SCALE300

..... expression 'peril insured against' would depend upon the terms of the policy. the policy was extended to a case where the costs of transportation would be more than the value of the goods. marine insurance act is subject to the terms of insurance policy. where the insurer takes additional premium and insure a higher risk, no ..... goods. the burden of proof to show that the exclusionary clauses are attracted being on the insurer and such burden having ..... insurance policy which would include non-delivery for any reason whatsoever. non-delivery of goods, the learned counsel urged, would bring within its fold constructive total loss as there is no serious dispute in regard to the fact that cost of transportation of goods from singapore to calcutta was much higher than the actual costs of the .....