Any Passenger - Law Dictionary Search Results
Home Dictionary Name: any passenger Page: 3Industrial or other establishment
Industrial or other establishment, means any--(a) tramway service, or motor transport service eng-aged in carrying passenger or goods or both by road for hire or reward;(aa) air transport service other than such service belonging to, or exclusively employed in the military, naval or air forces on the Union or the Civil Aviation Department of the Government of India;(b) dock, wharf or jetty;(c) inland vessel, mechanically propelled;(d) mine, quarry or oil-field;(e) plantation;(f) workshop or other establishment in which articles are produced, adapted or manufactured, with a view to their use, transport or sale;(g) establishment in which any work relating to the construction, development or maintenance of buildings, roads, bridges or canals, or relating to operations connected with navigation, irrigation or the supply of water or relating to the generation, transmission and distribution of electricity or any other form of power is being carried one;(h) any other establishment or class of...
Charges
Charges, expenses, costs. A trustee is entitled as a matter of right to his costs, charges and expenses properly incurred in relation to the trust, and they constitute a first charge on the trust property, both capital and income; see Stott v. Milne, (1884) 25 Ch D 710.Means any amount which may be demanded as a price for the rendering of some service or as price of some goods. Sree Gajanana Motor Transport Co. Ltd. v. State of Karnataka, (1977) 1 SCR 665: (1977) 1 SCC 37: AIR 1977 SC 418 (419).Includes all taxes, Shroff and Co. v. Municipal Corporation of Greater Bombay, 1989 Supp (1) SCC 347.--The term 'charges' must be read ejusdem generis taking colour from the succeeding terms- rates, duties and taxes, Nagrik Upbhokta M. Manch v. Union of India, (2002) 5 SCC 466: AIR 2002 SC 2405 (2411). [Kerosene (Restriction on Use and Fixation of Ceiling Price) Order, 1993, clause 2(d)]The word 'charges' in Rule 7(1) should be given a wider meaning as denoting the accusations or imputations aga...
Public service vehicle
Public service vehicle, means a carriage to which any member of the public can have free access on payment of the usual charges when a vehicle is used for carriage of a company's employees on nominal charge, then, qua-public, the employees from a separate class and cannot be said to be public, Tata Engineering and Locomotive Co. v. Sales Tax Officer, AIR 1979 SC 343.Means any motor vehicle used or adapted to be used for the carriage of passengers for hire or reward, and includes a maxicab, a motorcab, contract carriage, and stage carriage. [Motor Vehicles Act, 1988 (59 of 1988), s. 2 (35)]...
Wharf
Wharf, a broad plain place, near some creek or haven, to lay goods and wares on that are brought to or from the water. See Harbours, Docks, and Piers Clauses Act, 1847 (10 & 11 Vict. c. 27), s. 68, and Port of London (Consolidation) Act, 1920 (10 Geo. 5, c. clxxiii.).A structure on shore of navigable waters, to which a vessel can be brought for loading or unloading, Black's Law Dictionary, 7th Edn., p. 1589.There are two kinds-1st, legal, which are certain wharves in all seaports, appointed by commission from the Court of Exchequer, or legalized by Act of Parliament; 2nd, sufferance, which are places where certain goods may be landed and shipped, by special sufferance granted by the Crown for that purpose, 2 Steph. Com. See as to both kinds, Customs (Consolidation) Act, 1876 (39 & 40 Vict. c. 36). As to larcenies from a wharf, see Larceny Act, 1916, s. 15. As to implied liability or warranty for fitness of wharf for a ship unloading, see The Moorcock, (1889) 14 PD 64.Wharf, as a landin...
Motorcab
Motorcab, means any motor vehicle constructed or adapted to carry not more than six passengers excluding the driver for hire or reward. [Motor Vehicles Act, 1988 (59 of 1988), s. 2 (25)]...
Hackney carriage or cab
Hackney carriage or cab, means any such vehicle for the conveyance of passengers which plies for hire, whether drawn or propelled by animal or mechanical power, and which is not a stage carriage or a tram car. [See the London Cab Act, 1896, s. 3]The phrase 'ply for hire' does not connote motion A Cab is not plying for hire when cruising whilst displaying a 'for hire' sign unless the driver stops when hailed, see Hunt v. Morgan, (1949) 1 KB 233: (1948) 2 All ER 1065 DC...
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...
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...
Contract carriage
Contract carriage, means a motor vehicle which carries a passenger or passengers for hire or reward and is engaged under a contract, whether expressed or implied, for the use of such vehicle as a whole for the carriage of passengers mentioned therein and entered into by a person with a holder of a permit in relation to such vehicle or any person authorised by him in this behalf on a fixed or an agreed rate or sum-(a) on a time basis, whether or not with reference to any route or distance; or [Motor Vehicles Act, 1988, s. 2 (7) (a)](b) from one point to another. [The Motor Vehicles Act, 1988, s. 2 (7) (b)]And in either case, without stopping to pick up or set down passengers not included in the contract anywhere during the journey, and includes:a maxicab; and [Motor Vehicles Act, 1988, s. 2 (7) (b) (i)]a motorcab notwithstanding the separate fares are charged for its passengers. [Motor Vehicles Act, 1988, s. 2 (7) (b) (ii)]...
Ship
Ship, the carriage of goods by Sea Act, 1925 (26 of 1925). [XXVI of 1925, Sch. Art. 1, Cl. (d)]Ship, means any vessel used for the carriage of goods by sea.A type of vessel used or intended to be used in navigation, Black's Law Dictionary, 7th Edn., p. 1382.In the Merchant Shipping Act, 1894 (57 & 58 Vict. c. 60), by s. 742, 'includes every description of vessel used in navigation not propelled by oars.' [This definition has been adopted by the Workmen's Compensation Act, 1925 (15 & 16 Geo. 5, c. 34), s. 48(1)]'Foreign-going ship,' by the same s., 'includes every ship employed in trading, or going between some place or places in the United Kingdom, and some place or places situate beyond the following limits: that is to say, the coasts of the United Kingdom, the Channel Islands and the Isle of Man, and the continent of Europe, between the river Elbe and Brest inclusive'; and'Home-trade ship' includes 'every ship employed in trading or going' within the above limits; and'Home-trade pass...
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