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Trustees of the Port of Madras Vs. Mettur Chemical and Industries Ltd. ...

Court : Chennai

Subject : Commercial

Acts : Madras Port Trust Act, 1905 - Sections 110; Indian Limitation Act, 1908 - Sections 15(2) and 29(2)

Reported in : AIR1967Mad102

The plaintiffs seek to get over this bar pleaded by relying on Section 15(2) of the Indian Limitation Act, 1908, which enables plaintiffs to exclude the period of any notice which has to be given in accordance with … be within time. For taking the benefit of Section 15(2), the learned Counsel for the plaintiffs relies on Section 29(2) of the Indian Limitation Act. Section 29(2) provides that:Where any special or local law prescribes for any suit, … 1. This revision has been preferred by the Trustees of the Port of Madras, defendants in a suit for the recovery of damages for

V.M. Salgaocar and Bros. Vs. Board of Trustees of Port of Mormugao and ...

Court : Supreme Court of India

Subject : LimitationCivil

Acts : Major Port Trust Act, 1963 - Sections 48 and 120; Mormugao Port (Shipment of Ore and Pellets from Mechanised Ore Handling Plant at berth no. 9 and related matters) Regulations, 1979; Code of Civil Procedure (CPC) - Sections 80 - Order 12, Rule 6; Constitution of India - Articles 14, 19, 19(1), 134 to 137 and 149; Limitation Act - Sections 3, 5, 4 to 24, 29 and 29(2); Bombay Port Trust Act, 1879 - Sections 64A and 87; Bombay Municipal Corporation Act - Sections 527; General Clauses Act; Arbitration and Conciliation Act, 1996 - Sections 34 and 131; Excise Act; Customs Act; Income Tax Act; Railways Act; Land Acquisition Act; Indian Ports Act, 1908

Reported in : AIR2005SC4138; 2005(5)BomCR374; JT2005(3)SC607; (2005)140PLR743; (2005)4SCC613; [2005] 3 SCR 27

rights guaranteed under Article 14 and 19(1)(g) of the Constitution.41. In the end Mr. Nariman submitted that the Indian Ports Act, 1908 was still applicable to various ports including Panjim Port in Goa. In the case of exporters like the … a settled legal proposition that the provision of the Special Act shall prevail over with the general Act. Section 29 of the Indian Limitation Act, 1963 relates to savings. For proper appreciation of legal position Section 29(2) of

Great Eastern Shipping Co. Ltd. and anr. Vs. Union of India and anr.

Court : Delhi

Subject : CustomsCivil

Acts : Ports Act, 1908 - Sections 3(6); Constitution of India - Article 226

Reported in : AIR1989Delhi289; 1994LC679(Delhi); 1992(58)ELT374(Del)

ships calling at Paradip Port have been changed from 'Net Register Tonnage (for short 'N.R.T.') as stipulated under Indian Ports Act 1908 (for short the 'Act') to 'Gross Register Tonnage (for short 'G.R.T.'). According to the petitioners, the change so … read with first schedule thereof, port dues are to be levied 'per ton' which expression is defined under Section 3(6) of the Act to mean a ton as determined or determinable by the rules for the time … under Article 226 of the Constitution challenging the notification No. 390 dated 29th September 1984 issued by the Ministry of Shipping and Transport (Port Wing)

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

Court : Mumbai

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

The Trustees of the Port of Madras Vs. Mettur Chemical and Industries ...

Court : Chennai

Subject : CivilLimitation

Reported in : (1968)1MLJ162

The plaintiffs seek to get over this bar pleaded by relying on Section 15(2) of the Indian Limitation Act, 1908, which enables plaintiffs to exclude the period of any notice which has to be given in accordance with … be within time. For taking the benefit of Section 15(2), the learned Counsel for the plaintiffs relies on Section 29(2) of the Indian Limitation Act. Section 29(2) provides that:Where any special or local law prescribes for any suit, … Natesan, J.1. This revision has been preferred by the Trustees of the Port of Madras, defendants in a suit for the recovery of damages for

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

Court : Gujarat

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 … 1970-71 in respect of lands vesting in the Board by virtue of Clause (a) of Sub-section (1) of Section 29 of the Major Port Trusts Act (Act XXXIII of 1963). Questions of some complexity arise in these appeals

Delta Engineers Vs. State of Goa and ors.

Court : Supreme Court of India

Subject : Civil

Acts : Indian Ports Act, 1908 - Sections 1(2), 3, 4, 6, 31, 32, 33, 35, 46, 47 and 54A; Goa Ports (Amendment) Rules, 1994 - Rules 2 and 54A; Goa Ports (Amendment) Rules, 1992; Goa Barge Tax Act, 1973; Uttar Pradesh Municipalities Act, 1916 - Sections 220; Goa, Daman and Diu Port Rules, 1983 - Rules 34, 38, 40, 41, 42, 54, 55, 64

Reported in : 2009AIRSCW4319; JT2009(9)SC142; 2009(8)SCALE685; (2009)12SCC110

Ports (Amendment) Rules, 1992 and Rule 54A of the Goa Ports (Amendment) Rules, 1994 were ultra vires the Indian Ports Act, 1908; (b) for quashing the demand for rental charges by letter dated 1.11.1993; and (c) for a direction to … Ports, Government of Goa. The said NOC was renewed every year. On 29.8.1989, the appellant sought an amendment to NOC seeking permission to manufacture fishing … which the Act is extended by the Government in exercise of the power conferred under the Act (vide Section 1(2) of the Act). Section 3 contains the definitions and Clause (4) thereof defines `port' as including also

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

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Ahmedabad

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 … Trustees of the Port of Bombay Vs. Sriyanesh Knitters AIR 1999 SC 2947 for the preposition. The Major Port Trust Act is not a complete

Paradeep Port Trust. Vs. Controlling Authority and ors.

Court : Orissa

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 … be governed by the Payment of Gratuity Act, 1972.7. Subsequently, the P.P.T. has issued an Office Memorandum on 29.09.2006 (Annexure-I) for imposing restriction in payment of gratuity w.e.f. June, 2006. The opposite parties have contended that such

Mumbai Port Trust Vs. M/S. Shri Lakshmi Steels and Ors. Etc.

Court : Supreme Court of India

Subject : Land Acquisition

relating to the constitution and powers of any Port authority in a major port as defined in the Indian Ports Act, 1908.17. Shri Maninder Singh, learned Additional Solicitor General appearing for the Union of India submits that the High Court … in respect of the bills of entry dated 04.12.2015 and 11.12.2015 prayed that the duty be assessed under Section 18 of the Customs Act, 1962 (for short ‘1962 Act’) and the goods be released, so as to … entry for the second and third consignments were presented on 11.12.2015 and 29.12.2015 respectively.4. On 14.12.2015, DRI wrote a letter to the Commissioner of Customs