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Vijay K. Mehta and anr. Vs. Charu K. Mehta and ors.

Court : Mumbai

Subject : Civil

Acts : Bombay Public Trust Act, 1950 - Sections 41B, 41D, 41D(3) and 41D(4); Bombay Municipal Corporation Act, 1888; Maharashtra Housing and Area Development Act, 1976; Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971; Industrial Disputes Act, 1948; Bombay Industrial Relations Act, 1946; Maharashtra Restoration of Lands to Scheduled Tribes Act, 1974; Maharashtra Co-operative Societies Act, 1960; Unfair Labour Practices Act, 1971; Payment of Gratuity Act, 1972; Workmen's Compensation Act, 1923; Payment of Wages Act, 1936; Minimum Wages Act, 1948; Bombay Prohibition Act, 1949; Maharashtra Land Revenue Code, 1966; Maharashtra University Act, 1994; Bombay Stamp Act, 1958; Bombay Police Act; Bombay Shops and Establishments Act, 1948; Bombay Port Trusts Act,

Reported in : 2008(5)ALLMR366; 2009(1)BomCR179

Vehicles Act, 1939;(xxx) the orders passed under the Major Port Trust Act, 1963;(xxxi) the orders passed under the Merchant Shipping Act, 1958;(xxxii) the orders passed under the Registration Act, 1908;(xxxiii) the orders passed under the Wireless, Telegraphy Act, … 1879;(xx) the orders passed under the Bombay City (Inami and Special Tenures) Abolition and Maharashtra Land Revenue Code (Amendment) Act, 1969;(xxi) the orders passed under the Banking Corporation (Acquisition and Transfer of Undertakings) Act, 1970;(xxii) the orders passed … (Original Side) Rules read with Rule 1, 4 and Rule 18 of Chapter 17 of the Bombay High Court (Appellate Side) Rules, 1960. The relevant … of hearing the Counsel for the respondent No. 2 submitted that he would fully support the argument … Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.May be heard and finally disposed of by a Single Judge appointed in

islamic Republic of Iran Vs. M.V. Mehrab and ors.

Court : Mumbai

Subject : Arbitration

Acts : Colonial Courts of Admiralty Act, 1890 - Sections 2(1); Colonial Courts of Admiralty (India) Act, 1891 - Sections 2

Reported in : AIR2002Bom517; (2002)4BOMLR785; 2002(4)MhLj584

Matched in: Citation AIR2002Bom517; (2002)4BOMLR785; 2002(4)MhLj584

Mahanagar Ghaziabad Chetna Munch Through Its President, Sri Ram Avtar ...

Court : Allahabad

Subject : Constitution

Reported in : 2007(2)AWC1113

a master or owner of a pilgrim ship in the carrying out of the provisions of the Indian Merchant Shipping Act, 1923, to the notice of the authorities concerned, and to suggest remedies;(g) to authorise whenever practicable an … interferes in matters spiritual, it will be a divisive force. The First Amendment (American Constitution) teaches that a government neutral in the field of religion … 2(j) the objects, for which the Haj Fund may be applied, is given.49. Again by the Haj Committee Act, 2002 the Haj Committee Act, 1959 was repealed. Non-obstante clause in the repealing section has no manner of application … the Hedjaz from India, discussed the question of Port Haj Committees in Chapter XIII of their Report. The Committee proposed that Central Legislation should be

National Insurance Co. Ltd. Vs. Ms. Vaishali Harish Devare and Others

Court : Mumbai

Subject : Motor Vehicles

Rs.29,00,000/- per annum. Looking to the qualifications of the first respondent, the position which he held in a merchant shipping company and oral testimony of the aforesaid witnesses, it can be certainly said that there were more than … Bombay High Court Appellate Side Rules has been considered by us and in our opinion with the recent amendment of enhancing the value of the subject matter in dispute from Rs.10 lakhs to Rs.50 lakhs, this appeal … thus: "Heard the learned counsel for the parties. In MACP No.193 OF 2002 the claimants had claimed a total compensation of Rs.70 lakhs along with … a reference will have to be made to Chapter I of the Bombay High Court Appellate Side … Judgment and Award. We accept the said statement. 2. Before we proceed to deal with the facts … claimants in the claim petition under section 166 of the Motor Vehicles Act,1988 (hereinafter referred referred to as the said Act). The original claim for

P and O Australia Ports Pty Limited and ors. Vs. Board of Trustees, Jn ...

Court : Mumbai

Subject : Constitution

Acts : Constitution of India - Articles 14, 19, 19(1) and 226; Major Port Trusts Act, 1963 - Sections 42(1), 42(3) and 49; ;Indian Ports Act, 1908

Reported in : 2003(5)BomCR733; 2004(1)CTLJ279(Bom); 2003(2)MhLj717

that exclusion of the petitioners is solely due to the bias of the Secretary of the Ministry of Shipping who was previously holding the post of Chairman of JNPT for having faced international ridicule and criticism for … light of the policy decision the Major Port Trust Act has been amended by inserting Chapter VA for constitution and incorporation of Tariff Authority for … of bulk terminal at JNP were invited vide advertisement dated 28th October 2002 on BOT basis for a license period of 30 years. Clause 1.3 … Association (India) Federation of Steamer Agents Association of India, the Bombay Chamber of Commerce and Industry, the Indian Merchants Chamber, and the Confederation of Indian Industry that, no 'private monopoly' is allowed to be developed in any … Shah, J. 1. This writ petition under Article 226 of the Constitution of India seeks to challenge

Director General of Foreign Trade and Anr Vs. M/S Kanak Exports and An ...

Court : Supreme Court of India

Subject : Land Acquisition

subsequent to the decision of the High Court, the State Legislature has enacted the Andhra Pradesh Tenancy Laws (Amendment) Act, 1979 - Act 2 of 1979, whereby Section 93 of the Act has been amended and the provisions … |6.10 |An EOU/EHTP/STP unit may export goods| |Status Holder | |manufactured/software developed by it| | | |through a merchant exporter/status | | | |holder recognized under this Policy | | | |or any other EOU/EHTP/STP/SEZ unit. | … an exporter or manufacturer on behalf of another exporter(s). In such cases, shipping bills shall indicate the name of both the exporter/ manufacturer and exporter(s).” … of 2009 Writ Petition (Civil) No.246 of 2010 Export Import (EXIM) Policy 2002-2007 was framed by the Central Government under Section 5 of the Foreign … disallow the import of agricultural products falling under Chapters I to XXIV of ITC (HS) under the

Sm Energy Teknik and Electronics Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Mumbai

Subject : Direct Taxation

Reported in : (2007)109TTJ(Mum.)34

i.e. earning of the foreign exchange is the most dominant factor. (ii) The assessee had exported goods under Merchant Trade Export Policy, which was notified by the Commerce Ministry under Foreign Trade (Regulation & Development) Act, 1992 … to deduction under Section 80HHC of the Act where he had purchased in Bangladesh a ship belonging to Shipping Corporation of India and sold the same in Bangladesh itself. The learned Authorised Representative of the assessee pleaded … finality to this view and to end all judicial controversies, a clarificatory amendment has been made in order to reiterate that 'export out of India' … and in cases where physical movements of goods were not necessary. In Chapter XIVA - Trade and Indian Joint Venture brought out the objectives of … FTRDA, 1992 of import and export. Under Section 2(e) import and export means to bring into or

Indian National Shipowners Association Vs. Union of India (Uoi)

Court : Mumbai

Subject : Service Tax

Acts : Finance Act, 1994 - Sections 5(2), 64, 65, 65(105), 66, 66A, 68, 68(2), 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79 and 94; Companies Act, 1956 - Sections 25; Merchant Shipping Act, 1958; Territorial Waters, Continental Shelf, Exclusive Economic Zone, and other Maritime Zones Act, 1976 - Sections 6(6) and 7(7); Factories Act, 1948; Societies Registration Act, 1860; Central Excise Act, 1944; Finance Act, 2005; Finance Act, 2006; Service Tax Rules, 1994 - Rule 2 and 2(1); Central Excise Rules; Constitution of India - Article 265

Reported in : (2009)222CTR(Bom)234; [2009]16STJ175; 2009[13]STR235

amended. According to the Petitioners, the Indian Shipping Industry is obliged by Statute under the provisions of the Merchant Shipping Act, 1958 and in terms of the normal conditions of trade, to obtain and consume outside India, the … 2(d)(iv) quoted above is invalid, because it is contrary to the scheme of the Act. On 16-6-2005, an amendment was made to the Act also, by which an explanation was added below Section 65(105) which explanation reads … though the service tax was introduced for the first time in the Chapter V of the Finance Act, 1994 in the year 1997 the definition … of the Service Tax Rules, 1994 inserted with effect from 16th August, 2002;2. On the basis of the above provisions the Respondents are seeking to

In Re Interplay Between Arbitration Agreements Under The Arbitration A ...

Court : Supreme Court of India

Subject : Arbitration

vessel, or any part, interest, share or property of or in any ship or vessel registered under the Merchant Shipping Act, 1894, or under Act, 19 of 1838, or the India Registration of Ships Act, 1841, as amended … null and void.” In light of the recommendations of the Law Commission, Parliament passed the Arbitration and Conciliation (Amendment) Act 2015144 to incorporate Section 11(6-A).144. The Statement of Objects and Reasons of the 2015 Amendment Act states that … of Section 13 or Section 14 shall be deemed to be unstamped.2233. Chapter II of the Stamp Act provides for various other contingencies or situations, … Reportable 2023 INSC1066IN THE SUPREME COURT OF INDIA INHERENT/ CIVIL ORIGINAL JURISDICTION Curative Petition

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

OIO are reiterated. XI. In view of the above submissions, the Appeal bearing No.ST/473/2009 filed by M/s. Shreeji Shipping may be held to be devoid of any merit. 5. Both sides filed two rejoinders which are considered … person. It is his submission that the holistic reading of Chapter 5 of Finance Act, 1994 and the amendments made thereto by including further category of services as taxable services and also reading the various circulars of … the same issue and are in respect of the very same assessee. 2. The relevant facts, after filtering out unnecessary details appellant herein registered themselves … also transport outside the port, if requested by their customers. * In 2002-2003, Shreejis major income was accounted for in their Books of accounts as