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Dec 02 1999

Mr. Kamla Kant Dube and Another Vs. M.V. Umang and Others

Court : Mumbai

Decided on : Dec-02-1999

Subject : Commercial

Acts : Code of Civil Procedure (CPC), 1908 - Sections 9-A, 20 and 120; Colonial Courts of Admiralty Act, 1890 - Sections 2(1), 3 and 7; Constitution of India - Articles 14, 21, 214, 215, 225, 226 and 372; States Reorganisation Act, 1956 - Sections 8, 49 and 52; Bombay Reorganisation Act, 1960 - Sections 3, 28, 30 and 37; Evidence Act, 1872 - Sections 58; Fatal Accidents Act, 1855 - Sections 1 and 2; Indian Ports Act, 1908; Colonial Courts of Admiralty (India) Act, 1891; Sea Act, 1925; Merchant Shipping Act, 1958 - Sections 3(15); Admiralty Court Act, 1861 - Sections 6; Criminal Law Amendment Act, 1952 - Sections 7(2)

Reported in : AIR2000Bom211; 2000(2)ALLMR48; 2000(2)BomCR556

the Bombay Land Revenue Code along with English translation of relevant extract, marked Annexure C, the notification extending Indian Ports Act, 1908 to the Port of Kandla with effect from April 1, 1950 marked Annexure 'D' and the certificate by … paragraphs, particularly 14, 17, 20, 25, 26, 30, 44, 48, 49, 56, 58, 59, 65, 66, 67, 68, 72, 75, 78, 80, 83, 85, 88, … claim as and by way of damages for the estate of the deceased is under the provisions of section 2 (proviso) of the Fatal Accidents Act, 1855 and compensation for the loss of dependency under provisions of

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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 … payable to, the Commissioners, shall be held by the Commissioners in trust for the purposes of the Act. Section 58 provides for acquisition of land or building for the purpose of the Act through the instrumentality of the

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Jul 27 2017

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

Court : Supreme Court of India

Decided on : Jul-27-2017

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 … rate or of any charge leviable in special case, for the 14 reasons to be recorded in writing. Section 58 deals with time for payment of rates on goods. Section 59 of the Act provides that the Board

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Apr 12 1920

Lakshman Gowroji Nakhwa Vs. Ramji Antone Nakhwa

Court : Mumbai

Decided on : Apr-12-1920

Subject : PropertyCivil

Reported in : AIR1921Bom93; (1921)23BOMLR939

provisions as to removing obstructions and paying compensation will be found in Sections 10 and 12 of the Indian Ports Act, 1908, which was amended by Act VI of 1916, but I do not think I need pursue that.64. Then … to the earth.'57. He next relies on the definition of easement in the Indian Limitation Act IX of 1908. Section 2(5) says: -Easement' includes a right not arising from contract, by which one person is entitled to remove … in ease, is a proper mode of seeking that remedy.29. At p. 58 he says:I asked the learned counsel for the defendants whether, if the

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Dec 11 1962

The Trustees of the Port of Madras by Its Chairman Vs. K.P.V. Sheik Mo ...

Court : Supreme Court of India

Decided on : Dec-11-1962

Subject : Commercial

Acts : Indian Contract Act - Sections 148, 151, 152 and 161

Reported in : [1963]Supp2SCR915

vessels, passengers or goods excepting the services in respect of vessels for which fees are chargeable under the Indian Ports Act, 1908 (XV of 1908).' 18. Section 44 provides that every scale and every statement of conditions framed by the … for sale in the case of perishable goods in the custody of the Board, in the Gazette and section 58 provides for giving notice to the owner of the goods of his address is known. Section 59 provides

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Mar 03 2006

Sushant T. Karwarkar Vs. Mormugao Port Trust and anr.

Court : Mumbai

Decided on : Mar-03-2006

Subject : Service

Acts : Dock Workers (Regulation of Employment) Act, 1948 - Sections 2, 3, 4, 4(1) and 5A; Dock Workers (Regulation of Employment) (Inapplicability of Major Ports) Act, 1997; Industrial Disputes Act, 1947; Major Port Trust Act, 1963; Indian Ports Act, 1908; Constitution of India - Articles 14 and 16

Reported in : 2006(3)ALLMR493; 2006(2)BomCR915; [2006(110)FLR905]

(Regulation of Employment) Act, 1948. Section 2(d) defines 'Major Port' to have the same meaning as in the Indian Ports Act, 1908.9. Section 4 of the Act deals with the transfer of assets and liabilities of the Dock Labour … 19-5-1982 were declared surplus and retired at premature age of 45/50 years as against the retirement age of 58 years, with all consequential retirement benefits.3. The case of the petitioner/s is that the Chairman of the MDLB,

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Feb 15 1974

The Trustees of Port of Bombay Vs. the Premier Automobiles Ltd. and an ...

Court : Supreme Court of India

Decided on : Feb-15-1974

Subject : Trusts and Societies

Acts : Bombay Port Trust Act, 1879 - Sections 61A and 87; Code of Criminal Procedure (CrPC) - Sections 197; Code of Civil Procedure (CPC) - Sections 80; Indian Contract Act - Sections 151, 152 and 161

Reported in : AIR1974SC923; (1974)4SCC710; [1974]3SCR397

area must claim the nation's immediate attention towards basic reformation of the traditional structure and procedure if the Indian Judicature is to sustain the litigative credibility of the community. Indeed, even about British Justice Lord Devlin's observations … it is not enough that the State install police stations inside the ports; it must ensure diligent action by the officials, and if there is … General. Sri Cooper contested the application of the principle in Bootamal on the score that Article 31, Limitation Act, 1908, which fell for construction there, used the words 'when the goods ought to be delivered' and covers both … to sue. In Annamalai Chettiar v. Muthukarappan Chattiar 58 I.A. 1, the Judicial Committee had observed In … is only a short point of law in the case, a large section of the business community, as well as the Port Trust, are affected

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Jun 09 2008

Tamil Nadu Electricity Board Vs. Kirloskar Constructions and Engineers ...

Court : Chennai

Decided on : Jun-09-2008

Subject : Arbitration

Acts : Limitation Act, 1963; Arbitration and Conciliation Act, 1996 - Sections 31(3), 34, 34(2), 37(1) and 37(2); Indian Contract Act, 1872 - Sections 55 and 73; Indian Limitation Act, 1908 - Schedule: Articles 30 and 137; Arbitration Act, 1940 - Sections 20 and 20(1); Carriage of Goods by Sea Act, 1992 - Sections 2(2)

Reported in : 2008(4)ARBLR355(Madras)

integra.30. Section 37(1) of the Arbitration and Conciliation Act, 1996 provides that all provisions of the Indian Limitation Act, 1908 shall apply to arbitration as they apply to the proceedings in court. Under Section 37(2), a cause of … grant of interest at 18% per annum, he pointed out that Clause 58 of the contract specified that no interest should be paid till there … AIR1970Mad108 ; S. Rajan v. State of Kerala : [1992]3SCR649 Panchu Gopal Bose v. Board of Trustees for Port of Calcutta : [1993]3SCR361 Vishindas Bhagchand v. Chairman, Maharashtra State Electricity Board, Mumbai 2001 (Suppl.) Arb. LR 505

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Feb 22 1940

Rama Shah Vs. Lal Chand

Court : Mumbai

Decided on : Feb-22-1940

Subject : LimitationContract

Reported in : (1940)42BOMLR640

endorsement states.4. The proviso at the end of the first Sub-section of Section 20 of the Indian Limitation Act, 1908, was the subject of amendment made by Act I of 1927, and the amended Sub-section, stands as follows:20(1) … High Court at Allahabad in Udaypal Singh v. Lakhmi Chand 1935 I.L.R. 58 All. 261, F.B.-a full bench case in which two of the five … Togo to West Coast India - Dispute arose between parties - Under agreement, respondent had chosen Mumbai as port of delivery Vessel carrying Rock Phosphate was delivered at port of Bombay - Application filed by respondent earlier

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Mar 21 1934

Pandit Someshwar Dutt Vs. Pandit Tirbhawan Dutt

Court : Mumbai

Decided on : Mar-21-1934

Subject : Limitation

Reported in : (1934)36BOMLR652

few months of its execution, the suit was barred by time under Article 91 of the Indian Limitation Act, 1908:; Rani Janki Kunwar v. Raja Ajit Singh (1887) L.R. 14 I.A. 148 : S.C. I.L.R. 15 Cal. 58, … Togo to West Coast India - Dispute arose between parties - Under agreement, respondent had chosen Mumbai as port of delivery Vessel carrying Rock Phosphate was delivered at port of Bombay - Application filed by respondent earlier … of the Chief Court of Oudh (130 I.C. 119 ) reversed. - Section 31(4) (since repealed) :[Tarun Chatterjee & H.L.Dattu, JJ] Jurisdiction of High Court

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