jurisdiction to deal with the suit. With reference to the
consignment note, it was submitted that the Court at Udaipur
alone had jurisdiction to deal ... matters arising under the
consignment at the goods entrusted for
transport".
Additionally, at the top of the consignment note the
jurisdiction has been specified
dated 9.3.1994 were entrusted to the
respondent who issued Consignment Note No.52330 dated
11.3.1994 to the appellant. Since the consignment was not
delivered ... consignment of
77 boxes for delivery to their clearing, forwarding and
shipping agents M/s Jeena & Co. at Bombay under goods
consignment note
limit its liability to US
$ 100 per consignment as per the terms
contained in the consignment note?
After examining the evidence both oral and documentary ... limit its liability
to US $ 100 per consignment as
per the term contained in the consignment note.
The
objections to the award are therefore,
dismissed
service in relation to transport of goods by road and issues consignment note, by whatever name called; (27) "India" means, - (a) the territory
consignment note itself. At the top of the said note, in bold letters, it is written;
"'CONSIGNMENT NOTE' ROAD TRANSPORT CORPORATION ... defendant to carry the consignment from Calcutta to Kirloskarwadi and as Exh. 49 the consignment note, was handed over by the defendants to the consignor
petitioner could not deliver the said consignment either to the consignee mentioned in the said consignment note or to any other person. The consignee ... consignment note, had wrongfully and illegally delivered the consignment covered by and under the consignment note to an unauthorised person and/or to a stranger
respective sugar mills by presenting fortnightly bill and as such no consignment notes were issued. The Department was of the view that the appellant sugar ... regarding non-availment of Cenvat Credit by the transporters, as no consignment notes had been issued.
1.4 Against the Assistant Commissioners Order in case
Since they are not transport agencies, the requirement of law that consignment note should be issued by transport agency is not required ... serially numbered and should contain names of the consigner and consignee. So also consignment note should contain registration number of the goods carriage, in which
terms and conditions of the contract which were printed on the consignment note. The particular terms and conditions relied upon were, (i) appellant ... case of loss of consignment in transit as per the terms and conditions of the above consignment note, the respondent is not entitled
prescribed manner, a
declaration on the body of the consignment
note or on a document of like nature that the
goods being so transported ... each commodity of the
consignment: ..................
[e] quantity/weight of each commodity in the
consignment: ..................
...11/-
- 11 -
[f] value of the consignment with custom duty,
freight
