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

Court : Mumbai

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 … Buildings Division Annexure 'B', Gazette notification issued by the Government of Gujarat in exercise of its powers under section 7 of the Bombay Land Revenue Code along with English translation of relevant extract, marked Annexure C, the notification

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 … the latter of; which is unnecessary having regard to Order VII, Rule 7, of the Civil Procedure Code.11. The declaratory relief asked for is in

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

Court : Gujarat

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 … addition and alteration in the said house without the permission of the authority in writing as required by section 7 of the Gandhidham Act., the same was required to be demolished. Details of unauthorised construction, addition and alteration

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 … 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 … plaintiff be directed to compensate the applicant-proposed defendant No. 4 @ Rs. 75,000/- per day with effect from 12th July 2007 until the date the

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 … dated 30th December, 1991 on the ground that the same was not maintainable for want of notice under Section 120 of the Major Port Trust Act, 1963 (hereinafter referred to as 'the Act') and that the suit … 5.207.50 times of nominal plot capacity 6.407.75 times of nominal plot capacity 7.608.00 times of nominal plot capacity 8.804. Appellant had challenged the levy of

M/s. Tungabadra Minerals Private Limited Vs. The Chennai Port Trust Re ...

Court : Chennai

Subject : Land Acquisition

strict implementation of the Government rules and in the interest of public, in exercise of the powers conferred Indian Ports Act, 1908 and Karnataka Ports (Landing and Shipping Fees) Act, 1961 (Karnataka Act 20 of 1961), the Government hereby prohibits … Ghose V. Mugneeram Bangur and Co. It was held by this Court that the word impossible used in Section 56 of the Contract Act has not been used in the sense of physical or literal impossibility. It … The defendants claimed that the suit has to be dismissed. The Issues: 7.The following issues were framed for trial and adjudication:- (i) Whether the banning

The Madras Port Trust Vs. A.M. Safiulla and Company, a Partnership Fir ...

Court : Chennai

Subject : Trusts and Societies

Reported in : (1962)2MLJ29

liable for any act or default of any officer or servant appointed under this Act, or under the Indian Ports Act, 1908, if the Board be appointed by Government under the Indian Ports Act, to be Conservator of the Port, … demur to the maintainability of the suit and contend that the suit claim is barred by limitation under Section 110 of the Madras Port Trust Act, 1905.4. The learned City Civil Court Judge overruled the plea of … any undelivered portion of coal either under bye-laws in force under Section 7.0 of the Madras Harbour Trust Act or under and by virtue of

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 … Revenue on the judgment of Western Agencies Pvt. Ltd. [2008 (12) STR 739] is also incorrect as Western Agencies decision has not referred to the

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 … 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 … II-SECTION 3-SUB Section (1) No. 390, New Delhi, Saturday, September 29, 1984/ASVINA 7, 1906 Ministry of Shipping and Transport (Ports Wing) Notification New Delhi, the … 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