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Liverpool and London S.P. and I Asson. Ltd. Vs. M.V. Sea Success I and ...

Court : Supreme Court of India

Subject : Civil

Acts : Code of Civil Procedure (CPC) - Sections 44A, 104 and 117 - Order 7, Rules 11, 11A and 14 - Order 37 - Order 43, Rule 1 - Order 49, Rule 3; Admiralty Courts Act, 1861 - Sections 1, 1(4), 5 and 6 ;Admiralty Courts Act, 1840; Supreme Court of Judicature (Consolidation) Act, 1925 - Sections 22 and 22(1); Administration of Justice Act, 1956 - Sections 20(2) and 47(2); Inland Vessels Act, 1917; Merchant Shipping Act, 1956; Multimodal Transportation of Goods Act, 1993 - Sections 7 and 7(1); Colonial Courts of Admiralty Act, 1890 - Sections 2; Colonial Courts of Admiralty (India) Act, 1891 - Sections 2; Merchant Shipping Acts, 1894 to 1923; Supreme Court of Judicature Act, 1873; Administration of Justice Act, 1920; Admiralty Jurisdiction Regulation Act, 1983; Merchant Shipping (Oil) Polluti

Reported in : JT2003(9)SC218; 2003(10)SCALE1; (2004)9SCC512; MANU/SC/0951/2003

back, may be held to be so now.INDIAN STATUTES OPERATING IN THE FIELD:67. Section 352N of the Indian Merchant Shipping Act, 1958 makes such an insurance compulsory which reads as under:'352-N. Compulsory insurance or other financial guarantee. - (1) The … v. State of Bihar : (2003)IIILLJ31SC this Court observed:'Justice Holmes expressed the following view in Missouri v. Holland 252 US 416 (433)3 :'When we are dealing with words that also are a constituent act, like the Constitution

High Court of Punjab and Haryana at Vs. M/S. Atma Tube Products Ltd. a ...

Court : Punjab and Haryana

Subject : Land Acquisition

payment out of the welfare fund to the members of the fund or their nominees or legal heiRs.The Merchant Shipping Act, 1958 (Section 141) also contemplates payment of compensation to a seaman and in the case of a deceased seaman, to … 372 of the Code in (i) Chattar Singh versus CRM-790-MA-2010 final - 25 - Subhash, 2011(2) AD (Delhi) 252; and (ii) Kareemul Hajazi versus State of NCT of Delhi & ORS.2011(2) AD (Delhi) 210. In the fiRs.case,

Waterman S.S. Corp. Vs. United States

Court : US Supreme Court

Subject : MRTP

to the Government, receiving $13,430,431 in charter hire, on which petitioner paid federal income taxes. The subsequently enacted Merchant Ship Sales Act of 1946 provided for sale of war-built ships well below the Commission's wartime prices. By … Waterman S.S. Corp. v. United States - 381 U.S. 252 (1965) U.S. Supreme Court Waterman S.S. Corp. v. United States, 381 U.S. … UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Syllabus During the period 1942-1946, petitioner purchased 18 government-build ships from the United States Maritime Commission for $46,973,167 after a trade-in allowance for four of its own ships. … the new statutory price and unwinding the wartime transactions, including tax payments. Section 9(c)(1) required an applicant for adjustment to agree, inter alia, that pre-Act

Fmc Vs. Svenska Amerika Linien

Court : US Supreme Court

Subject : MRTP

in travel by sea, and contrary to the public interest in the maintenance of a sound and independent merchant marine. The Commission also found the rule contrary to the public interest in that it invaded the principles … may be changed. The Federal Maritime Commission (FMC) after hearings disapproved both rules under § 15 of the Shipping Act, 1916, which authorizes FMC disapproval of any agreement that it finds "unjustly discriminatory or unfair as between carriers … this area stems from the Shipping Act, 1916. [ Footnote 1 ] Section 15 of this Act, as amended, requires common carriers by water to … Appeals is directed to affirm the FMC's order. Pp. 390 U. S. 252 -253. 125 U.S.App.D.C. 359, 372 F.2d 932, reversed and remanded. Page 390

Landon Vs. Plasencia

Court : US Supreme Court

Subject : Education

a permanent resident alien who was returning from a 5-month voyage abroad as a crewman on an American merchant ship. We reasoned that, "[f]or purposes of his constitutional right to due process, we assimilate petitioner's status to … permanent resident alien who was returning from a 5-month voyage abroad as a crewman on an American merchant ship. We reasoned that, "[f]or purposes of his constitutional right to due process, we assimilate petitioner's status to that … may now decide the issue. See Vance v. Terrazas, 444 U. S. 252 , 444 U. S. 258 -259, n. 5 (1980), and cases cited … FOR THE NINTH CIRCUIT Syllabus Section 235 of the Immigration and Nationality Act of 1952 (Act) permits the Immigration and Naturalization Service (INS) to examine

Mrvica Vs. Esperdy

Court : US Supreme Court

Subject : Land Acquisition

376 U. S. 561 in January, 1940, [ Footnote 1 ] as a nonimmigrant crewman attached to a merchant ship. He remained beyond the period allowed by the permit without permission until September 4, 1942, when a … been to regularize his status in the country. [ Footnote 2/3 ] The Court's view that petitioner ,by shipping to South America, departed the United States is a legal conclusion -- under the circumstances Page 376 U. … immaterial to the disposition of this case. [ Footnote 3 ] The 1958 amendment of § 249, inter alia, removed the requirement that an alien … entry within the meaning of § 29 of the Immigration and Nationality Act. He therefore cannot qualify under that provision for a record of lawful … U.S. 894, and now affirm the rulings below. Section 249 of the Immigration and Nationality Act provides: … provisions of the Immigration and Nationality Act, § 252(a), 66 Stat. 220, 8 U.S.C. § 1282(a). [

Panama Canal Co. Vs. Grace Line, Inc.

Court : US Supreme Court

Subject : MRTP

1st Sess. 2-5, 15-21. See also Hearings before the Subcommittee on Panama Canal of the House Committee on Merchant Marine and Fisheries on H.R. 6917, 7645, and 7697, 84th Cong., 1st Sess. 159-165; Hearings before the Subcommittee … 356 U.S. 309 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT Syllabus Certain American shipping companies using the Panama Canal sued in a Federal District Court to compel the Panama Canal Company to … Panama Canal Co. v. Grace Line, Inc. No. 251 Argued April 2-3, 1958 Decided April 28, 1958 * 356 U.S. 309 CERTIORARI TO THE UNITED … City So. R. Co. v. Interstate Commerce Commission, 252 U. S. 178 . We put the matter … required to be fixed in accordance with a formula stated in the Act. In a report to Congress, based partly on his interpretation of the … in the provisions for the fixing of tolls. Section 411 provides: "The Panama Canal Company is authorized

The Tungus Vs. Skovgaard

Court : US Supreme Court

Subject : Land Acquisition

action for unseaworthiness reached its present mature state, recognized as being federal in its origin and incidents. Seas Shipping Co. v. Sieracki, 328 Page 358 U. S. 606 U.S. 85; Pope & Talbot, Inc. v. Hawn, supra; … U.S. 588 (1959) The Tungus v. Skovgaard No. 43 Argued October 23, 1958 Decided February 24, 1959 358 U.S. 588 CERTIORARI TO THE UNITED STATES … U. S. 406 . P. 595, n. 9. 252 F.2d 14, affirmed. Page 358 U. S. 589 … past. Estate of Spiegel v. Commissioner, 335 U. S. 701 , 335 U. S. 707 -708; Ragan v. Merchants Transfer & Warehouse Co., 337 U. S. 530 , 337 U. S. 534 ; General Box Co. v. … the right of recovery depended entirely on the New Jersey Wrongful Death Act, which may be applied by a court of admiralty. Pp. 358 U.

United States Vs. Isthmian Steamship Co.

Court : US Supreme Court

Subject : MRTP

treated as setoff. Virginia-Carolina Chemical Co. v. Kirven, 215 U. S. 252 , 215 U. S. 257 -258; Merchants Heat & Light Co. v. James B. Clow & Sons, 204 U. S. 286 , 204 U. S. … United States which was claimed to have arisen in 1946, when the United States, acting through the War Shipping Administration, chartered out to Isthmian eight vessels on a bareboat basis. Some disagreement arose over the amount of … given certain responsibilities in this area by the Act of July 11, 1958, 72 Stat. 356: "The Conference shall also carry on a continuous study … APPEALS FOR THE SECOND CIRCUIT Syllabus 1. Under the Suits in Admiralty Act, as amended, 46 U.S.C. § 741 et seq., respondent filed a libel … 366, which now appears in similar form as Section 305 of the Budget and Accounting Act of

Hawaii Vs. Standard Oil Co. of California

Court : US Supreme Court

Subject : Land Acquisition

and commercial entities have been increased to affect such losses of revenues and income;" "(c) opportunity in manufacturing, shipping and commerce have [ sic ] been restricted and curtailed;" "(d) the full and complete utilization of the … in the consideration or decision of the case. Page 405 U. S. 252 MR. JUSTICE MARSHALL delivered the opinion of the Court. The issue presented … enjoin officials of the State of Texas from so administering the Texas quarantine regulations as to prevent Louisiana merchants Page 405 U. S. 258 from sending goods into Texas. This Court recognized that Louisiana was attempting to … OF APPEALS FOR THE NINTH CIRCUIT Syllabus Section 4 of the Clayton Act does not authorize a State to sue for damages for an injury