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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 … where the provisions of Section 5 are expressly excluded or curtailed. Under the Arbitration and Conciliation Act, 1996, Section 34 prescribes time limit within which an application for setting aside of an award must be made and although

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

Court : Chennai

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learned Senior Counsel points out that Section 133 of the Major Port Trusts Act, 1963 has repealed the Indian Ports Act, 1908 as also the Madras Port Trust Act, 1905 and, therefore, the regulations thereunder must be deemed to have … lease out the property including land, existing berths, superstructure, equipments, etc., was in keeping with the provisions of Section 34(1) and Section 42(3) of the 1963 Act which is the governing enactment. Section 34 provides the modalities of

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 … passengers. The term `landing place' is used in this sense in Rules 34, 38, 40, 41, 42, 54 and 55 of the Port Rules. But … 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

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 … to be levied on N.R.T. and not on G.R.T. The Government is empowered to change the rates per Section 34 of the Act. (3) In the counter filed on behalf of the respondent No. 2. Paradip Port Trust,

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 … - 2008 (12) STR 561, 3). S.S. Maritime - 2010 (17) STR 346. It is his submission that in all the above said decisions, it

Shipping Corporation of India Ltd. Vs. Mare Shipping Inc.

Court : Supreme Court of India

Subject : Arbitration

Acts : Arbitration And Conciliation Act, 1996 - Section 34; Contract Act. - Sections 73 and 74

has to be read in the context of Clauses 4(a) and 4(b) which refer to ports other than Indian Ports in a different context. 50. We, therefore, see no reason to interfere with the Award of the Arbitral … copy of the Award of the Tribunal dated 8.9.2005, the Petitioners applied for amendment of the Petition under Section 34 of the 1996 Act. However, by order dated 24.10.2005 the learned Single Judge dismissed the Arbitration Petition No.531

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 … Respondents With CIVIL APPEAL NOS. 9833-34 OF2017(Arising out of SLP (C) Nos. 3418-3419 of 2017]. JUDGMENT Deepak Gupta, J.Leave granted.2. These civil appeals filed by

Dy. Cit Vs. Abg Heavy Industries Ltd.

Court : Income Tax Appellate Tribunal ITAT Mumbai

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 … Board of Direct Taxes elaborates the scope and effect of the aforesaid amendments. It is stated in para 34.3 of the aforesaid Circular that "a ten year concession including a five year tax holiday has been allowed

New Era Shipping Ltd. and Hatimi Steels Vs. M.V.P. Express and ors.

Court : Mumbai

Subject : Civil

Acts : Admiralty Courts Act, 1840; Admiralty Courts Act, 1861 - Sections 25, 33 and 35; Brussels Arrest Convention Act, 1852; Merchant Shipping Act, 1958 - Sections 3(55); Major Port Trusts Act, 1963; Indian Ports Act, 1908 - Sections 3(7); Colonial Courts of Admiralty Act, 1890 - Sections 2(2); Supreme Court Act, 1981; Civil Jurisdiction and Judgments Act, 1982; Customs Act; General Clauses Act; Bombay High Court (Original Sides) Rules - Rules 941 and 949; Supreme Court Rules, 1965 - Rules 4(3) and 11 - Orders 7 and 75

Reported in : 2008(1)ALLMR556; 2007(6)BomCR138; (2007)109BOMLR1875

'ship'/'Vessel' in several statutes including Admiralty Courts Act, 1861, Merchant Shipping Act, 1958, Major Port Trusts Act, 1963, Indian Ports Act, 1908, as also the Dictionary meaning cited in the judgment of this Court pronounced in the case of m.v.SAABA … made by Mr.Dwarkadas because Author Thomas in his Maritime Liens in para 34 under the title 'Property Incumbered' has observed: 'The fundamental principle is that … to hold/arrest any property. He has invited my attention to the Admiralty Courts Act 1861 and more particularly Section 25, 33 and 35 thereof. He has also invited my attention to the Colonial Courts of Admiralty Act

Container Corporation of India Ltd. Vs. Assistant Commissioner of Inco ...

Court : Delhi

Subject : Land Acquisition

the Act. However, a “port”, which also qualifies for the deduction is defined in Section 3(4) of the Indian Ports Act, 1908(Act 15 of 1908) to include “also any part of a river or channel” in which the said … In many countries the BOT (build-operate-transfer) or the BOOT (build-own-operate-transfer) concepts have been utilised for developing new infrastructure. 34.3 Applying commercial principles in the operation of infrastructure facilities can provide both managerial and financial efficiency. In view