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Home Bare Acts Phrase: inevitablyMerchant Shipping Act, 1958 Complete Act
State: Central
Year: 1958
.....in 1867, 1882andagain in 1893and 1896 but all these attempts failed owing to legal and constitutional difficulties.Two of the principal contributory factors were the then limited powers of the Indian Legislature to legislate regarding shipping and the fact that part of the British Statute law on the subject, including parts of the Merchant Shipping Act, 1894, which is the principal United-Kingdom enactment on the subject, applied to Indian and any Indian enactment had to be in legal harmony with that law. A fresh attempt was made in 1921-22 to codify the Indian law on merchant shipping by the Statute Law Revision Committee, which decided that only consolidation, and not revision should be attempted immediately. The result was the Indian Merchant Shipping Act, 1923, which is now on the Statute Book and which consolidated some 21 existing Indian Acts on the subject. This Act has also been amended from time to time, the two major amendments being those made in 1933 and in 1953 so as to take power to implement the provisions of the international conventions with respect to load lines, 1930, and with respect to safety of life at sea, 1948, respectively, which have been ratified by.....
List Judgments citing this sectionThe Indian Penal Code 1860 Complete Act
State: Central
Year: 1860
.....Court of Justice (including a liquidator, receiver or Commissioner) whose duty is, as such officer, to investigate or report on any matter of law or fact, or to make, authenticate, or keep any document, or to take charge or dispose of any property or to execute any judicial process, or to a administrator any oath, or to interpret, or to preserve order in the Court, and every person specially authorized by a Court of Justice to perform any of such duties; Fifth--Every juryman, assessor, or member of a Panchayat assisting a Court of Justice or public servant; Sixth--Every arbitrator or other person to whom any cause or matter has been referred for decision or report by any Court of Justice, or by any other competent public authority; Seventh--Every person who holds any office by virtue of which he is empowered to place or keep any person in confinement; Eighth--Every officer of the Government, whose duty it is, as such officer, to prevent offences, to give information of offences, to being offenders to justice, or to protect the public health, safety or convenience; Ninth--Every officer whose duty it is, as such officer, to take, receive, keep or expend any property on behalf of.....
List Judgments citing this sectionDelhi Development Act, 1957 Complete Act
State: Delhi
Year: 1957
.....or at whose expense such amenities are to be provided; (ix) the prohibitions or restrictions regarding erection of shops, workshops, warehouses or factories or buildings of a specified architectural feature of buildings designed for particular purposes in the locality; (x) the maintenance of walls, fences, hedges or any other structural or architectural construction and the height at which they shall be maintained; (xi) the restrictions regarding the use of any site for purposes other than erection of buildings; and (xii) any other matter which is necessary for the proper development of the zone or any area thereof according to plan and for preventing buildings being erected haphazardly in such zone or area. Section9 Submission of plans to the Central Government for approval (1) In this section and in sections 10, 11, 12 and 14 the word "plan" means the master plan as well as the zonal development plan for a zone. (2) Every plan shall, as soon as may be after its preparation, be submitted by the Authority to the Central Government for approval and that Government may either approve the plan without modifications or with such modifications as it may consider.....
List Judgments citing this sectionMerchant Shipping Act, 1958 Section 352I
Title: Liability of Owner
State: Central
Year: 1958
..... (a) resulted from an act of war, hostilities, civil war, insurrection or a natural phenomenon of an exceptional, inevitable and irresistible character; or (b) was wholly caused by an act or omission done with intent to cause such damage by any other person; or (c) was wholly caused by the negligence or the wrongful act of any government or other authority responsible for the maintenance of lights or other navigational aids in exercise of its functions in that behalf. (3) Where, with respect to any incident the owner proves that the pollution damage resulted, cither wholly or partially, from an act or omission done, with intent to cause such damage, by the person who suffered damage, or from the negligence of that person, the owner shall be exonerated wholly or, as the case may be, partially, from liability to that person, 1[(4) When any incident involving two or more ships occurs and pollution damage results there from, the owners of all the ships concerned, unless exonerated under sub-section (3), shall be jointly and severally liable for such damage which is not reasonably separable.] (5) No claim for pollution damage shall be made against any owner otherwise than.....
View Complete Act List Judgments citing this sectionMerchant Shipping Act, 1958 Section 356K
Title: Powers to Take Measures for Preventing or Containing Oil Pollution
State: Central
Year: 1958
.....taken in respect of any off-shore installation which is not a ship within the meaning of this Act except that in the event of pollution damage caused by any such off-shore installation the person who, is liable for the damage may claim exoneration from any liability if he proves that such damage-- (a) resulted from an act of war, hostilities, civil war, insurrection or a natural phenomenon of an exceptional, inevitable and irrealtible (sic) character; or (b) was wholly caused by an act or omission done with intent to cause that damage by any other person; or (c) was wholly caused by the negligence or other wrongful act of any government or other authority responsible for the maintenance of lights or other nevigational aids in exercise of its functions in that behalf. ________________________ 1. Substituted for "oil" by the Merchant Shipping (Amendment) Act, 2003.
View Complete Act List Judgments citing this sectionIndian Penal Code (45 of 1860) Chapter 4
Title: General Exceptions
State: Central
Year: 1860
.....person doing the act in good faith believes that the Court had such jurisdiction. Section 79 - Act done by a person justified, or by mistake of fact believing himself justified, by law Nothing is an offence which is done by any person who is justified by law, or who by reason of a mistake of fact and not by reason of a mistake of law in good faith, believes himself to be justified by law, in doing it. Illustration A sees Z commit what appears to A to be a murder. A, in the exercise, to the best of his judgment exerted in good faith, of the power which the law gives to all persons of apprehending murderers in the fact, seizes Z, in order to bring Z before the proper authorities. A has committed no offence, though it may turn out that Z was acting in self-defence. Section 80 - Accident in doing a lawful act Nothing is an offence which is done by accident or misfortune, and without any criminal intention or knowledge in the doing of a lawful act in a lawful manner by lawful means and with proper care and caution. Illustration A is at work with a hatchet; the head flies off and kills a man who is standing by. Here, if there was no want of proper caution on the.....
View Complete Act List Judgments citing this sectionIndian Penal Code (45 of 1860) Section 81
Title: Act Likely to Cause Harm, but Done Without Criminal Intent, and to Prevent Other Harm
State: Central
Year: 1860
.....his course, he must incur risk of running down a boat C with only two passengers on board, which he may possibly clear. Here, if A alters his course without any intention to run down the boat C and in good faith for the purpose of avoiding the danger to the passengers in the boat B, he is not guilty of an offence, though he may run down the boat C by doing an act which he knew was likely to cause that effect, if it be found as a matter of fact that the danger which he intended to avoid was such as to excuse him in incurring the risk of running down the boat C. (b) A, in a great fire, pulls down houses in order to prevent the conflagration from spreading. He does this with the intention in good faith of saving human life or property. Here, if it be found that the harm to be prevented was of such a nature and so imminent as to excuse A's act. A is not guilty of the offence.
View Complete Act List Judgments citing this sectionTransfer of Property Act, 1882 Chapter III
Title: Of Sales of Immoveable Property
State: Central
Year: 1882
.....on such amount or part1[from the date on which possession has been delivered]. (5) The buyer is bound- (a) to disclose to the seller any fact as to the nature or extent of the seller's interest in the property of which the buyer is aware, but of which he has reason to believe that the seller is not aware, and which materially increases the value of such interest; (b) to pay or tender, at the time and place of completing the sale, the purchase-money to the seller or such person as he directs: provided that, where the property is sold free from encumbrances, the buyer may retain out of the purchase-money the amount of any encumbrances on the property existing at the date of the sale, and shall pay the amount so retained to the persons entitled thereto; (c) where the ownership of the property has passed to the buyer, to bear any loss arising from the destruction, injury or decrease in value of the property not caused by the seller; (d) where the ownership of the property has passed to the buyer, as between himself and the seller, to pay all public charges and rent which may become payable in respect of the property, the principal moneys due on any encumbrances.....
View Complete Act List Judgments citing this sectionTransfer of Property Act, 1882 Section 55
Title: Rights and Liabilities of Buyer and Seller
State: Central
Year: 1882
.....on such amount or part1[from the date on which possession has been delivered]. (5) The buyer is bound- (a) to disclose to the seller any fact as to the nature or extent of the seller's interest in the property of which the buyer is aware, but of which he has reason to believe that the seller is not aware, and which materially increases the value of such interest; (b) to pay or tender, at the time and place of completing the sale, the purchase-money to the seller or such person as he directs: provided that, where the property is sold free from encumbrances, the buyer may retain out of the purchase-money the amount of any encumbrances on the property existing at the date of the sale, and shall pay the amount so retained to the persons entitled thereto; (c) where the ownership of the property has passed to the buyer, to bear any loss arising from the destruction, injury or decrease in value of the property not caused by the seller; (d) where the ownership of the property has passed to the buyer, as between himself and the seller, to pay all public charges and rent which may become payable in respect of the property, the principal moneys due on any encumbrances.....
View Complete Act List Judgments citing this sectionAir Force Act, 1950 Complete Act
State: Central
Year: 1950
.....he - is ordered by land, sea or air, and that he will obey all commands of any officer set over him, even to the peril of his life. (3) The fact of an enrolled person having taken the oath or affirmation directed by this section to be taken shall be entered on his enrolment paper and authenticated by the signature of the officer administering the oath or affirmation. CHAPTER 04: CONDITIONS OF SERVICE SECTION 18: TENURE OF SERVICE UNDER THE ACT - Every person subject to this Act shall hold office during the pleasure of the President. SECTION 19: TERMINATION OF SERVICE BY CENTRAL GOVERNMENT - Subject to the provisions of this Act and the rules and regulations made thereunder, the Central Government may dismiss, or remove from the service any person subject to this Act. SECTION 20: DISMISSAL, REMOVAL OR REDUCTION BY CHIEF OF THE AIR STAFF AND OTHER OFFICERS - (1)9[The Chief of the Air Staff] may dismiss or remove from the service any person subject to this Act other than an officer. (2)9[The Chief of the Air Staff] may reduce to a lower grade or rank or the ranks, any warrant officer or any non-commissioned officer. (3) An officer having power not less than.....
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