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Villianur Iyarkkai Padukappu Maiyam Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Subject : CivilCommercial

Acts : Major Ports Trust Act; Government of Union Territories Act, 1963 - Sections 18, 46 and 50; Business of the Government of Pondicherry Rules, 1963 - Rule 5 and 5(2); Indian Major Ports Act, 1908; Indian Ports Act, 1908 - Sections 3(9); Pondicherry (Administration) Act, 1962 - Sections 5; Pondicherry Administration Regulations Act, 1963 - Sections 3; Pondicherry (Laws) Regulation, 1963 - Regulations 2 and 6; Pondicherry (Alteration of name) Act, 2006 - Sections 4; Environment Protection Act; General Financial Rules, 1963; Supreme Court Orders, 1960 - Order 16; Supreme Court Rules, 1960 - Rule 4(1); Delegation of Financial Rules - Rule 21; Constitution of India - Articles 162, 239, 239A and 240

Reported in : JT2009(8)SC339; (2009)7SCC561; 2009(8)LC3627(SC); [2009] 9 SCR 225

minor ports can be undertaken by the respective State Government after formulating its own guidelines and modalities. The Indian Ports Act, 1908 permits the State Government to develop the minor ports. By virtue of power vested in the Parliament by … personal selection, is rejected.22.The contention that a conjoint reading of Article 239 and 239A of the Constitution and Sections 46, 50 of the Government of Union Territories Act read with Rule 5 of the Rules of Business … the special leave petitions.2. Appeal arising from Special Leave Petition (C) No. 9988 of 2007 is directed against judgment dated August 10, 2006, rendered by

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 … 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 … Apex Court in M.V. Elisabeth particularly paragraphs 66, 82, 83, 89 and 93. The said paragraphs read thus:---66. It is likewise within the competence of

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 … of reclaimed no.2 and port and dock workers strike, which amounted to 90,000 tonnes, 70,000 tonnes and 1,54,000 tonnes respectively, thus totalling 3,14,000 tonnes. Alternatively,

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 … 1. This revision has been preferred by the Trustees of the Port of Madras, defendants in a suit for the recovery of damages for short delivery of goods. It is … and the defendants are liable in damages for the sum of Rs. 940 claimed.2. The learned Counsel Mr. V.V. Raghavan appearing for the petitioners contends

M/S. United India Insurance Company Ltd. and Another Vs. Kishore L. To ...

Court : Mumbai Goa

Subject : Miscellaneous

within the port area and that there was navigational hazard. It is submitted that Chapter III of the Indian Ports Act, 1908 (the Act, for short) deals with the appointment of the Conservator and his powers. He submitted that in … for short) deals with the appointment of the Conservator and his powers. He submitted that in terms of Section 10 of the said Act the Conservator can cause obstruction to be removed within the limits of port … vessel was insured for Rs. 17,00,000/-. Besides the same, as per clause 9.1.2 of the Insurance Policy, the Indemnity/Insurance covered the removal, destruction and attempt

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 … down the procedure for applying for such permission to the concerned authority under S. 7 of the Act. Section 9 deals with prohibition of use of any land as brick fields etc. without licence. Section 10 enacts an

Sampath Kumar Vs. Ayyakannu and anr.

Court : Supreme Court of India

Subject : CivilProperty

Acts : Code of Civil Procedure (CPC) - Order 6, Rule 17

Reported in : AIR2002SC3369; 2002(6)ALD63(SC); 2002(4)ALLMR(SC)866; 2003(1)AWC18(SC); 2002(51)BLJR93; [2003(1)JCR283(SC)]; JT2002(7)SC182; (2002)3MLJ160(SC); RLW2003(1)SC49; 2002(6)SCALE; (2002) 7 SCC 559

to be undertaken while developing a port cannot be stopped by merely naming them as real estate business. INDIAN PORTS ACT, 1908 Sections 4(1), 6(1) & 3(9) & (8): Minor ports - Jurisdiction to undertake development and privatization of Pondicherry … had acted arbitrarily or that the letter of intent was issued to favour Respondent 11 with oblique motives. Section 11:Res judicata Concession made before High Court Effect - Government of Pondicherry selecting S as developer for development

Haryana Urban Development Authority Vs. Raj Rani

Court : Supreme Court of India

Subject : ConsumerProperty

Reported in : IV(2004)CPJ27(SC); 2004(8)SCALE214; (2005)9SCC536

to be undertaken while developing a port cannot be stopped by merely naming them as real estate business. INDIAN PORTS ACT, 1908 Sections 4(1), 6(1) & 3(9) & (8): Minor ports - Jurisdiction to undertake development and privatization of Pondicherry … had acted arbitrarily or that the letter of intent was issued to favour Respondent 11 with oblique motives. Section 11:Res judicata Concession made before High Court Effect - Government of Pondicherry selecting S as developer for development

Sun Export Corporation and anr. Vs. Board of Trustees of the Port of B ...

Court : Supreme Court of India

Subject : Customs

Acts : Customs Act, 1962 - Sections 111 and 125; Imports and Exports (Control) Act, 1947 - Sections 3(2); Major Port Trusts Act, 1963 - Sections 2, 63; Bombay Port Trust Act, - Sections 3(5)

Reported in : AIR1997SC4044; 1997(96)ELT3(SC); JT1997(8)SC530; 1997(6)SCALE553; (1998)1SCC142; [1997]Supp4SCR682; 1997(2)LC786(SC)

to be undertaken while developing a port cannot be stopped by merely naming them as real estate business. INDIAN PORTS ACT, 1908 Sections 4(1), 6(1) & 3(9) & (8): Minor ports - Jurisdiction to undertake development and privatization of Pondicherry … vide his order dated 28-2-1976 found that the goods covered by the consignment were liable to confiscation under Section 111(d) of the Customs Act, 1962 for various reasons detailed in the order. Option to redeem the goods

Debaraj Padhi and ors. Vs. Steel Authority of India Ltd. and ors.

Court : Supreme Court of India

Subject : Service

Reported in : JT1995(9)SC521; (1996)ILLJ11SC; 1995(5)SCALE290; (1995)6SCC41; 1995(2)LC625(SC)

to be undertaken while developing a port cannot be stopped by merely naming them as real estate business. INDIAN PORTS ACT, 1908 Sections 4(1), 6(1) & 3(9) & (8): Minor ports - Jurisdiction to undertake development and privatization of Pondicherry … had acted arbitrarily or that the letter of intent was issued to favour Respondent 11 with oblique motives. Section 11:Res judicata Concession made before High Court Effect - Government of Pondicherry selecting S as developer for development