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Mar 24 1998

Oil and Natural Gas Corporation Ltd. Vs. Osprey Underwriting Agencies ...

Court : Mumbai

Decided on : Mar-24-1998

Subject : Civil

Acts : Indian Ports Act, 1908 - Sections 12 and 14; Code of Civil Procedure (CPC), 1908 - Order 39, Rule 1, 2 and 12; Oil and Natural Gas Commission Act, 1959; Companies Act, 1956; Marine Insurance Act, 1906

Reported in : 1998(3)ALLMR713; 1998(5)BomCR344; (1998)2BOMLR179

pointed out that they i.e. Port Trust would be forced to take appropriate action under the provisions of Indian Ports Act, 1908, in particular under section 14 of the said Act.(xi) On 29-3-1996 Allied Marine terminated their wreck removal contract … there could be no reason for such a power not to be specified under the provisions of Chapter XII of the Code. In terms of Section 41, a police officer may arrest a person without a warrant

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Jul 16 1984

Pratap V. Soni Vs. Gandhidham Development Authority and ors.

Court : Gujarat

Decided on : Jul-16-1984

Subject : PropertyCivil

Acts : Gandhidham (Development and Control on Erection of Buildings) Act, 1958 - Sections 12(l); Constitution of India - Article 226

Reported in : AIR1985Guj68

the limits of the major port of Kandla defined or altered, as the case may be, under the Indian Ports Act 1908 (XV of 1908) being an area owned or occupied for the purposes of that port by the Central … 6'-5'.The said demolition order was passed under S. 12(l) of the Gandhidham Act. As per the requirement of section 12 of the Gandhidham Act, the said demolition order was to be on firmed by the board of appeal

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Nov 13 1998

Seaways Shipping Ltd. Having Its Office at Ii Floor, Rahmat Manzil, 51 ...

Court : Chennai

Decided on : Nov-13-1998

Subject : Commercial

Acts : Constitution of India -- Article 14,19(1)and 226; Major Port Trust Act, 1963 -- Sections 28, 34(1), 42(1), 42(3), 111 and 133; Madras Port Trust Act, 1905 -- Sections 123; Indian Ports Act, 1908

Reported in : 1998(3)CTC318

learned Senior Counsel points out that Section 133 of the Major Port Trusts Act, 1963 has repealed the Indian Ports Act, 1908 as also the Madras Port Trust Act, 1905 and, therefore, the regulations thereunder must be deemed to have … has pointed out that the waiting period for being berthed for the vessels ranges between 0.75 days and 12.5 days. It is the claim of the petitioner that the occupancy rate of the berths has been in

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May 22 2010

Paradeep Port Trust. Vs. Controlling Authority and ors.

Court : Orissa

Decided on : May-22-2010

Subject : Civil

Acts : Payment of Gratuity Act - Section 1 (3); Indian Ports Act - Sections 3 (4), 2. 28, 2(a), 5, 6, 7A, 4-A, 12(11), 13, 14, 15, 2(d).

defines 'major port' has the same meaning assigned to it in clause (8) of Section 3 of the Indian Ports Act, 1908, hereinafter referred to as the I.P. Act. The said Section 2 of clause 'n' defines 'port' has the … section provides for exemption of employer from liablity in certain cases. Section 11 provides for cognizance of offences. Section 12 provides for protection of action taken in good faith and Section 13 provides for protection of gratuity. Another

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Jul 05 2013

M/S. United India Insurance Company Ltd. and Another Vs. Kishore L. To ...

Court : Mumbai Goa

Decided on : Jul-05-2013

Subject : Miscellaneous

within the port area and that there was navigational hazard. It is submitted that Chapter III of the Indian Ports Act, 1908 (the Act, for short) deals with the appointment of the Conservator and his powers. He submitted that in … for short) deals with the appointment of the Conservator and his powers. He submitted that in terms of Section 10 of the said Act the Conservator can cause obstruction to be removed within the limits of port … Company, in the name of M/s Kilito Ore Carriers, under policy no. 121600/22/01/11/01140/89 for all risks, which policy was valid for a period from 08/01/1989

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Apr 09 2014

M/S. Shreeji Shipping Vs. C.C.E. and S.T. Rajkot

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Ahmedabad

Decided on : Apr-09-2014

Subject : Service Tax

we are concerned in this case is being rendered in a minor port to which the provisions of Indian Ports Act, 1908 and Gujarat Maritime Board Act, 1981 are applicable is also a distinction which is untenable as grant of … services and are liable to pay the differential service tax and demanded interest; imposed equivalent penalties under various sections of the Finance Act, 1994. 3. Ld. Counsel appearing on behalf of the appellant after taking us through … of the Larger Bench of the Honble Tribunal in Paras 11 and 12(c) of their Order in the case of Western Agencies Pvt. Ltd. and

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Sep 08 2006

Deputy Commissioner of Vs. Abg Heavy Industries Ltd.

Court : Income Tax Appellate Tribunal ITAT Mumbai

Decided on : Sep-08-2006

Subject : Land Acquisition

Section 801A. The assessee supported its submission by referring to the definition of "port" as given in the Indian Ports Act, 1908 according to which a "port" would include any part of the river or channel in which the said … of JNPT or leave the cranes unmanned. (iv) Cranes were highly specialized and sophisticated equipment costing over Rs. 125 crores. Therefore highly qualified and trained mechanical engineers were deployed for the operation of the cranes to produce

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Sep 08 2006

Dy. Cit Vs. Abg Heavy Industries Ltd.

Court : Income Tax Appellate Tribunal ITAT Mumbai

Decided on : Sep-08-2006

Subject : Land Acquisition

Reported in : (2008)303ITR328(Mum.)

Section 80-1A. The assessee supported its submission by referring to the definition of "port" as given in the Indian Ports Act, 1908 according to which a "port" would include any part of the river or channel in which the said … of JNPT or leave the cranes unmanned. (iv) Cranes were highly specialized and sophisticated equipment costing over Rs. 125 crores. Therefore highly qualified and trained mechanical engineers were deployed for the operation of the crane to produce

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May 29 2014

Awaaz Foundation, Public Charitable Trust, Mumbai and Another Vs. Stat ...

Court : National Green Tribunal Principal Bench New Delhi

Decided on : May-29-2014

Subject : Environment

The coastal areas at 48 places in the State of Maharashtra with demarcation/identification of the limits under the Indian Ports Act, 1908, have been notified. Obviously, beyond the limits of the areas covered by the Indian Ports Act, the creeks, … Tribunal. His Affidavit shows that by Government Resolution No.GAV-KHA- NI-10/0510/PRA.KRA.300/KHA dated March 12, 2013 modified consent policy for extraction of sand has been evolved. Sand … 2006 to the National Green Tribunal alongwith the Civil Application filed therein. The Application falls within ambit of Section 14, 15 and 18 of the National Green Tribunal Act, 2010 and is accordingly entertained by this Tribunal.

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Oct 20 1978

State of Gujarat and ors. Vs. the Board of Trustees of Port of Kandla ...

Court : Gujarat

Decided on : Oct-20-1978

Subject : ConstitutionOther Taxation

Reported in : (1979)1GLR732

Central Government in exercise of powers conferred by Clause (a) of Sub-section (1) of Section 4 of the Indian Ports Act, 1908 (1908 Act) extended the provisions of the said Act to the Port of Kandla with effect from 1st … thereof shall be as specified in the First Schedule. The First Schedule to the Constitution was amended by Section 12 of the States Reorganization Act, 1956(1956 Act) and in regard to the territories comprising the State of Bombay

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