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Law Dictionary Search Results Home Dictionary Name: multimodal transportation of goods act 1993 chapter 5 miscellaneous

Multimodal transport operator

Multimodal transport operator, means any person who--(i) concludes a multimodal transport contract on his own behalf or through another person acting on his behalf.(ii) acts as principal, and not as an agent either of the consignor or of the carrier participating in the multimodal transportation, and who assumes responsibility for the performance of the said contract; and(iii) is registered under sub-s. (3) of s. 4. [Multimodal Transportation of Goods Act, 1993 (28 of 1993), s. 2 (m)]...


Multimodal transportation

Multimodal transportation, means carriage of goods by two or more modes of transport from the place of acceptance of the goods in India to a place of delivery of the goods outside India. [Multimodal Transportation of Goods Act, 1993 (28 of 1993), s. 2 (k)]...


Multimodal transport contract

Multimodal transport contract, means a contract entered into by the consignor and the multimodal transport operator for multimodal transportation. [Multimodal Transportation of Goods Act, 1993 (20 of 1993), s. 2 (l)]...


Multimodal transport document

Multimodal transport document, means a negotiable or non-negotiable document evidencing a multimodal transport contract and which can be replaced by electronic data interchange messages permitted by applicable law. [Multimodal Transportation of Goods Act, 1993 (28 of 1993), s. 2(la)...


Negotiable multimodal transport document

Negotiable multimodal transport document, means a multimodal transport document which is--(i) made out to order or to bearer; or(ii) made out to order and is transferable by endorsement; or(iii) made out to bearer and is transferable without endorsement. [Multimodal Transportation of Goods Act, 1993 (28 of 1993), s. 2 (n)]...


Goods

Goods, Computer programs are the product of an intellectual process, but once implanted in a medium they are widely distributed to computer owners. An analogy can be drawn to a compact-disc recording of an orchestral rendition. The music is produced by the artistry of musicians and in itself is not a 'good', but when transferred to a laser-readable disc it becomes a readily merchant-able commodity. Similarly, when a professor deliv-ers a lecture, it is not a good, but, when transcribed as a book, it becomes a good. That a computer program may be copyrightable as intellectual property does not alter the fact that once in the form of a floppy disc or other medium, the program is tangible, moveable and available in the marketplace. The fact that some programs may be tailored for specific purposes need not alter their status as 'goods' because the Code definition includes 'specially manufactured goods', Advent Systems Ltd. v. Unisys Corpn., 925 F. 2d 670 3dCir 1991. Associated Cement Compa...


Mode of transport

Mode of transport, means carriage of goods by road, air, rail, inland waterways or sea, [Multimodal Transportation of Goods Act, 1993 (28 of 1993), s. 2(j)]...


Delivery

Delivery, in relation to a lecture, includes delivery by means of any mechanical instrument or by broadcast. [Copyright Act, 1957 (14 of 1957), s. 2 (g)]It means the birth of a child. [Maternity Benefit Act, 1961 (53 of 1961), s. 3 (c)]It means--(i) in the case of a negotiable multimodal transport document, delivering of the consignment to, or placing the consignment at the disposal of, the consignee or any other person entitled to receive it;(ii) in the case of a non-negotiable multimodal trans-port document, delivering of the consignment to, or placing the consignment at the disposal of, the consignee or any person authorised by the consignee to accept delivery of the consignment on his behalf. [Multimodal Transportation of Goods Act, 1993 (28 of 1993), s. 2 (f)]It means voluntary transfer of possession from one person to another. [Sale of Goods Act, 1930 (3 of 1930), s. 2 (2)]Must necessarily mean the point of time when the goods can be physically to the importer, Garden Silk Mills ...


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....


Carrier

Carrier, in its general sense, a person who undertakes to transport the goods of other persons from one place to another for hire. It is not, however, every person who undertakes to carry goods for hire that is deemed a common carrier.A carrier of passengers is liable only for negligence and not as an insurer, Redhead v. Midland R. Co., (1869) LR 4 QB 379.To bring a person within the description of a common carrier, he must exercise it as a public employment; he must undertake to carry goods for persons generally; and he must hold himself out as ready to transport goods for hire, as a business, not as a casual occupation, pro hac vice.The two obligations of a common carrier of goods are (1) to carry for everybody, and (2) to answer for all things carried as an insurer, unless lost or injured by the act of God or the King's enemies.The second obligation, that of an insurer, is restricted by the (English) Carriers Act, 1830 (11 Geo. 4 & 1 Wm. 4, c. 68), which protects carriers from liabi...



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