Any Passenger - Law Dictionary Search Results
Home Dictionary Name: any passengerAny passenger
Any passenger, the expression 'any passenger' is an expression of very wide amplitude and means all passengers, whether they are gratuitous or whether they are carried on payment. The fact that the expression 'any passenger' has been used in the policy without any qualifying words of the nature clearly shows that it includes within its ambit the gratuitous passengers as well, United India General Insurance Co. Ltd., Surat v. Shantaben Jerambhai, AIR 1982 Guj 212....
Passenger
Passenger, 'passenger' any person on a railway in any description or class of traveling train or carriage on payment of his fare, whether at full rates or at concessional rates. Railway Passengers Fare Act, 1971, s.2(b) trespasser or person traveling without ticket or pass or authority in not a passenger, Sundari v. Union of India, AIR 1984 All 277 (278).Means a person travelling with a valid pass or ticket. [Railways Act, 1989 (24 of 1989), s. 2(29)]A Railway servant on duty is not a passenger, AIR 1988 Pat 130 (132).Passenger, is a person whom a common carrier has contracted to carry from one place to another, Sundari v. Union of India, AIR 1984 All 277.Means a person whom a common carrier has contracted to carry from one place to another, Black's Law Dictionary.Means a traveller in or on a public or private conveyance other than the driver, pilot crew, etc., New India Assurance Co. Ltd. v. Annakutty, AIR 1993 Ker 299: (1993) ILR 1 Ker 850: (1993) 1 ACC 684: (1992) 2 Ker LJ 858: (199...
Passengers
Passengers, persons conveyed from one place to another. Passenger ships are those peculiarly appropriated to the conveyance of passengers, as distinguished from cargo ships. In some respects, passengers by ship may be considered as a portion of the crew. They may be called on by the master or commander of the ship, in case of imminent danger, either from tempest or enemies, to lend their assistance for the general safety; and in the event of their declining, may be punished for disobedience. This principle has been recognized in several cases; but as the authority arises out of the necessity of the case, it must be exercised strictly within the limits of that necessity, Boyce v. Bayliffe, (1807) 1 Camp 58.A passenger is not, however, bound to remain on board a ship in the hour of danger, but may quit it if he has an opportunity; and he is not required to take upon himself any responsibility as to the conduct of the ship; if he incurs any responsibility, and perform extraordinary servic...
Highways
Highways, all portions of land, and passage which every subject of the kingdom has a right to use. See Pratt on Highways; also defined by the Highway Act, 1835 (5 & 6 Will. 4, c. 50), s. 5, 'All roads, bridges (not being county bridges), carriage ways, cartways, horseways, bridleways, footways, cause-ways churchways and pavements. They exist either by prescription, by authority of Acts of Parliament, or by dedication to the use of the public; and see the Rights of Way Act, 1932 (22 & 23 Geo. 5, c. 45). The right of the public, when once acquired, is permanent and inalienable except by the authority of Parliament-'once a highway, always a highway.' It cannot be lost by abandonment or non-user, and the public retain the right, though they may never have occasion to use it. But the right is only a right of passing and repassing, pausing only for such time as is reasonable and usual when persons are using a highway as such. A man has no right to stand on the highway in order to shoot pheas...
Toll
Toll [fr. tollo, Lat.], to bar, defeat, or take away, as to 'toll an entry' is to deny and take away the right of entry. See (English) Real Property Limitation Act, 1833 (3 & 4 Wm. 4, c. 27), s. 39.1. A sum of money paid for use of something esp. The consideration paid to use a public road, highway, or bridge2. A charge for a long call distance, Black's Law Dictionary, 7th Edn.[fr. tol, Sax. And Dut.; told, Dan.; toll, Wel.; taille, Fr.] has two significations:-(1) A liberty to buy and sell within the precincts of the manor, which seems to import as much as a fair or market.(2) A tribute or custom paid for passage. For its importance in railway law, see ss. 3, 86 and 92 of the Railways Clauses Consolidation Act, 1845, s. 86, providing that:-It shall be lawful for the company to use and employ locomotive engines or other moving power, and carriages and waggons to be drawn or propelled thereby, and to carry and convey upon the railway all such passengers and goods as shall be offered to ...
Untoward incident
Untoward incident, means:(1)(i) The commission of a terrorist act within the meaning of sub-s. (1) of s. 3 of the Terrorist and Disruptive Activities (Prevention) Act, 1987 (28 of 1987); or(ii) the making of a violent attack or the commission of robbery or dacoity; or(iii) the indulging in rioting, shoot-out or arson,by any person in or any train carrying passengers, or in a waiting hall, cloakroom or reservation or booking office or on any platform or in any other place within the precincts of a railway station; or(2) the accidental falling of any passenger from a train carrying passengers. [Railways Act, 1989 (24 of 1989), s. 123(c)]...
Rate
Rate, A contribution levied by some public body for a public purpose, as a poor rate, a highway rate, a sewers rate, upon, as a general rule, the occupiers of property within a parish or other area.Proportional or relative value; the proportion of which quantity or value is adjusted, Black's Law Dictionary, 7th Edn., p. 1268.The term 'rate' is also used to mean a charge by a water, gas, railway, or other public undertaking for services rendered e.g., (English) Railways Act, 1921, s. 20; Metropolitan Water Board Charges Act, 1921 (11 & 12 Geo. 5, c. xciv.).The poor rate was levied under the (English) Poor Relief Act, 1601 (43 Eliz. s. 2), on the occupiers in each parish of 'lands, houses, tithes, coal mines, or saleable underwoods,' and the (English) Rating Act, 1874, extended the liability to rates to: (1) land used for a plantation or a wood, or for the growth of saleable underwood, and not subject to any right of common; (2) rights of fowling, shooting, taking, or killing game, or ra...
Medium passenger motor vehicle
Medium passenger motor vehicle, means any public service vehicle or private service vehicle, or educational institution bus other than a motor cycle, invalid carriage, light motor vehicle or heavy passenger motor vehicle. [Motor Vehicles Act, 1988 (59 of 1988), s. 2(24)]...
Heavy passenger motor vehicle
Heavy passenger motor vehicle, means any public service vehicle or private service vehicle or educational institution bus or omnibus the gross vehicle weight of any of which, or a motor car the unladed weight of which, exceeds 12,000 kilograms. [Motor Vehicles Act, 1988 (59 of 1988), s. 2 (17)]...
Any person
Any person, the effect of the 1994 amendment on s. 147 is unambiguous. Where earlier, the words 'any person' could be held not to include the owner of the goods or his authorised representative travelling in the goods vehicle, Parliament has now made it clear that such a construction is no longer possible. The scope of this rationale does not, however, extend to cover the class of cases where gratuitous passengers for whom no insurance policy was envisaged, and for whom no insurance premium was paid, employed the goods vehicle as a medium of conveyance, National Insurance Co. Ltd. v. Baljit Kaur, (2004) 2 SCC 1 (5): AIR 2004 SC 1340. [Motor Vehicles Act, s. 147(1)(b) (as amended in 1994)]The expression 'any person' can be restricted to those on the managerial or administrative staff only. One cannot arbitrarily cut down the amplitude of an expression used by the legislature, Central Bank of India v. Workmen, AIR 1960 SC 12 (23): (1960) 1 SCR 200. (Banking Regulation Act, 1949, s. 10)Th...
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