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Lakshman Gowroji Nakhwa Vs. Ramji Antone Nakhwa

Court : Mumbai

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 … a similar fate to Harris v. Earl of Chester filed [1911] A.C. 623 and Johnston v. O'Neill [1911] A.C. 552. The first of these cases

Ali Mahomed Eid Vs. Fatima Mahomed Ebrahim

Court : Mumbai

Subject : FamilyCivil

Reported in : AIR1919Bom37; (1919)21BOMLR713; 51Ind.Cas.968

wife to recover arrears of maintenance for her child is governed by Article 62 of the Indian Limitation Act, 1908. - Section 31(4) (since repealed) :[Tarun Chatterjee & H.L.Dattu, JJ] Jurisdiction of High Court - Respondent, a Government … Togo to West Coast India - Dispute arose between parties - Under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

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

Court : Supreme Court of India

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 … Davis v. Curling 8 Q.B. 286(6) (1873) L.R. 62 were referred to and the conclusion reached that … 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

M/S Rasiklal Kantilal and Co. Vs. Board of Trustee of Port of Bombay a ...

Court : Supreme Court of India

Subject : Land Acquisition

loading of export goods etc. Indian Ports Acts, 1855, 1875, 1889 and 1908 regulated the activities of the ports in India. The Port Trust Acts … vessels, passengers or goods, excepting the services in respect of vessels for which fees are chargeable under the Indian Ports Act. (2) Different scales and conditions may be framed for different classes of goods and vessels.” Section 48(1)(a) and … is a wharfinger. [36].63. Application of sale proceeds (1) The proceeds of every sale under section 61 or section 62 shall be applied in the following order- (a) in payment of the expenses of the sale; (b) in

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 … services are rendered which is incumbranced.The Author has further in paragraph No. 62 observed:The fundamental legal nature of an action in rem, as distinct from … 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

Nav Bharat Corporation Vs. Madhya Pradesh Electricity Board

Court : Madhya Pradesh

Subject : Trusts and Societies

Acts : Major Port Trust Act, 1963 - Sections 61 and 62; Indian Electricity Supply Act, 1948 - Sections 5 and 12; Limitation Act, 1963 - Schedule - Article 55; Contract Act, 1872 - Sections 73, 191 and 192; Code of Civil Procedure (CPC) , 1908 - Sections 20 - Order 6, Rule 14

Reported in : 2006(2)MPHT72; 2006(2)MPLJ306

The plaintiff has pleaded that as per the provisions of Section 5 read with Section 12 of the Indian Electricity Supply Act, 1948 the officer in charge V.K. Shukla, Divisional Engineer was appointed to sign and verify … plaintiff/respondent. It is also admitted that the appellant was to unload the goods at Port Bombay and other ports like Kandla, Calcutta, Madras and Cochin also.3. The case of the plaintiff in substance is as under :As … signature Civil - Jurisdiction - Section 20(c) of Code of Civil Procedure, 1908(CPC) - Whether present court has jurisdiction to deal with matter? - Held,

Hindustan Unilever Limited Vs. Sushil Kumar Sitaldas Dhirani

Court : Kolkata

Subject : Intellectual Property

of debate before me is the interpretation of the judgment rendered by the Supreme Court in case of Indian Performing Rights Society Limited -versus Sanjay Dalia & Anr. reported in (2015) 10 SCC161 The preliminary objection of … having jurisdiction’ shall, notwithstanding anything contained in the Code of Civil Procedure, 1908 (5 of 1908) or any other law for the time being in … Mumbai. The plaintiff is having branch offices at Kanyakumari and also at Port Blair, if interpretation suggested by the appellants is acceptable, mischief may be … 10 SCC161 The preliminary objection of the respondent is that Section 134(2) of the Trade Marks Act and Section 62(2) of the Copyright Act should be interpreted harmoniously with Section 20 of the Code of Civil Procedure. The

Commissioner of Income-tax, Gujarat I Vs. Rajkot Seeds, Oil and Bullio ...

Court : Gujarat

Subject : Direct Taxation

Reported in : [1975]101ITR748(Guj)

of 6 p. c. or any other rate on this amount under sections 9(1)(vi) and 24(1)(vi) of the Indian Income-tax Act, 1922, and the Income-tax Act, 1961, respectively ?(4) Whether, on the facts and circumstances of the … interpretation of the words 'borrowed money' occurring under the taxation statutes in England. By the Port of London Act, 1908, the Port of London Authority acquired the property of the three leading dock companies of London. The consideration … of 6 p. c. or any other rate on this amount under sections 9(1)(vi) and 24(1)(vi) of the Indian Income-tax Act, 1922, and the Income-tax … lands appurtenant thereto of which he is the owner, other than such portions of such property as he may occupy for the purposes of any

Chairman, Board of Trustees for the Port of Kolkata and anr. Vs. Iftik ...

Court : Kolkata

Subject : Civil

Acts : Major Port Trusts Act - Sections 59, 61 and 62; ;Indian Contract Act, 1872 - Section 171; ;Code of Civil Procedure (CPC) , 1908 - Section 11

Reported in : 2008(1)CHN516

Port Trusts Act then the Port authorities have got general right of lien under Section 171 of the Indian Contract Act, 1872. In other words, the statutory lien contemplated under Section 59 of the said Act and … right in respect of the said godwon failed to exercise the right of sale of such goods under Section 62 of the Major Port Trusts Act. The respondent, Port authorities, having failed to exercise its right of sale … the logs in question lying in the plots of land of Kolkata Port Trust shall not be allowed to remove without securing the total dues

Lg Electronics India Pvt Ltd Vs. Bharat Bhogilal Patel and Others

Court : Delhi

Subject : MRTP

Reported in : 2012(5)CTC(IP)1

for permanent injunction restraining the Defendant Nos.2 and 3 and other Commissioners of Customs (import) at all other Indian Ports from interdicting the import of consignments of goods by the Plaintiff which are otherwise is permitted being in … present suit under section 20 (c) of the Code of Civil Procedure, 1908 on account of plaintiffs having its registered office at Delhi and is … Court three contentions as regards the jurisdiction of the Delhi High Court were raised. The first being under Section 62 of the Copyright Act, 1957 on the ground that the suit was a composite suit under the Copyright