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Contract Carriage - Law Dictionary Search Results

Home Dictionary Name: contract carriage

Contract carriage, Stage carriage

Contract carriage, Stage carriage, the contract carriages are for those who want to hire the vehicle collectively or individually for a group or a party for their transport to a destination/destinations. The vehicle has to be hired as a whole for the carriage of passengers mentioned in the contract. Stage carriage is intended to meet the requirements of the general public travelling from one destination to another having different purposes whereas a contract carriage is meant for those who want to hire a public service vehicles as a whole collectively for their transport from one destination to another having the same purpose, State of Andhra Pradesh v. B. Noorulla Khan, (2004) 6 SCC 194 (203): AIR 2004 SC 2413. [Motor Vehicles Act, 1988, s. 2(7) and (40)]...


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)]...


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)]...


Fares

Fares, includes sums payable for a season ticket or in respect of the hire of a contract carriage. [Motor Vehicles Act, 1988 (59 of 1988), s. 2 (12)]...


Bill of Lading

Bill of Lading, a memorandum signed by masters of ships, in their capacity of carriers, acknowledging the receipt of merchants' goods, of which there are usually three parts-one kept by the consignor, one sent to the consignee, and one preserved by the master. It is the evidence of the title to the goods shipped; and by its endorsement and delivery, the transfer of the property in the goods specified therein is generally effected. By the Bills of Lading Act, 1855, the rights of suit under a bill of lading vest in the consignee or endorsee (as if the contract contained in the bill of lading had been made with himself) without prejudice to any right of stoppage in transitu or to freight. See (English) Carriage of Goods by Sea Act, 1924 (14 & 15 Geo. 5, c. 22), and Carver on Carriage by Sea.A bill of lading is 'a writing, signed on behalf of the owner of the ship in which goods are embarked, acknowledging the receipt of the goods, and undertaking to deliver them at the end of the voyage s...


Contract

Contract, an agreement between competent parties, to do or to abstain from doing some act. For numerous other definitions, see Chalmers's Sale of Goods Act, App. II., where it is said that the 'disposition of the best modern writers appears to be to define ' contract ' as an agreement enforce-able at law,' but contended that this definition seems rather too narrow.Every contract is founded upon the mutual agree-ment of the parties; the other essentials are legality, capacity (depending on age, mental ability, sex and status) a mutual identity of consent (consensus ad idem), and form. When an agreement is stated either verbally or in writing it is usually called an express contract; when the agreement is matter of inference and deduction, it is called n implied contract. (See IMPLIED CONTRACT.)Contract, which provides that the price includes the cost of the goods, the freight and the insurance premium for the transit, Halsbury's Laws of England, Vol. 3(1), para 253, p. 210.Contracts may...


Destination, place of (carriage by air)

Destination, place of (carriage by air), the 'place of destination' will be the place of destination mentioned in the contract of carriage and, in the case of successive carriage, the ultimate place of destination set out in that contract, Halsbury's Laws of England (2), para 1545, p. 766....


Consignor

Consignor, means the person, named in a railway receipt as consignor, by whom or on whose behalf goods covered by the railway receipt are entrusted to a railway administration for carriage. [Railways Act, 1989 (24 of 1989), s. 2 (10)](ii) means the person, named in the multimodal transport contract s consignor, by whom or on whose behalf the goods covered by such contract are entrusted to a multimodal transport operator for multimodal transportation. [Multimodal Transportation of Goods Act, 1993 (28 of 1993), s. 2 (e)]Consignor, an intention to exclude from considera-tion any person who under domestic law would be a party to the contract through or in addition to a person named as consignor in the air wayball, Western Digital Corpn. v. Biritish Airways Plc (CA), (2003) 3 WLR 1855....


C.I.F

C.I.F.--'Cost, insurance, and freight.' Sometimes written C.F.I. These letters in a mercantile contract denote that the price named includes the price of the goods (cost), their insurance during transit to the purchaser, and the carriage (freight). As to obligations of parties to a C.I.F. contract, see Biddell Bros. v. Clemens Horst, 1911 (1) KB 952; 1912 AC 18; Manbre Saccharine Co. v. Corn Products, 1919 (1) KB 198; Wilson Holgate v. Belgian Grain Co., 1920 (2) KB 1....


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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