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Sep 23 2009

Syed Mohmmed Jamil Vs. Union of India (Uoi) and ors.

Court : Kolkata

Decided on : Sep-23-2009

Subject : Labour and Industrial

Acts : Merchant Shipping Act, 1958 - Sections 2(42), 7(2), 95, 99, 100, 101(3), 121, 121(1), 129, 145, 178 to 183, 213, 456 and 456(1); ;Industrial Disputes Act; ;Merchant Shipping (Amendment) Act, 2002 - Section 95; ;Merchant Shipping Rules; ;Constitution of India - Articles 12, 14, 21, 226 and 300A

Matched in: Advocate Udayan Chakraborty, ;Sanjukta Bhattacharjee and ;Rabi Prasad Mukherjee, Advs. Jayanta Bhattacharjee and ;Indranil Chakraborty, Advs. for Shipping Corpn. of India and ;S.C. Prasad, Adv.

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Jul 09 2002

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

Court : Mumbai

Decided on : Jul-09-2002

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

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Dec 22 2003

Union of India (Uoi) and ors. Vs. Forward Seamen Union and ors.

Court : Kolkata

Decided on : Dec-22-2003

Subject : Service

Acts : Merchant Shipping Act, 1958 - Sections 95, 96, 97 and 97A; ;Merchant Shipping (Amendment) Act, 2002

Reported in : 2004(3)CHN509

to be considered in the light of the amended provisions of Merchant Shipping Act, 1958 as amended by Merchant Shipping (Amendment) Act, 2002. The bazarmen could claim the benefit of seamen or seafarers only if they could satisfy the test of … or seafarers only if they could satisfy the test of the definition given in the Explanation (b) to Section 95 of the said Act.3. There was a long-standing dispute regarding appointment of the employees for providing canteen … J.1. This is an appeal against the judgment and order dated June 18, 2003, passed by the learned Single Judge of this Court in W.P.

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Dec 20 2007

Model Financial Corporation, a Company Incorporated Under the Provisio ...

Court : Andhra Pradesh

Decided on : Dec-20-2007

Subject : Banking

Acts : Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI), 2002 - Sections 13, 13(2), 13(3A), 13(4), 17, 17(1) and 31; Recovery of Debts Due to Banks and Financial Institutions Act, 1993 - Sections 19 and 19(1); Conversion of Agricultural Land to Non-Agricultural Purpose Act, 2006; Indian Contract Act, 1872 - Sections 172; Sale of Goods Act, 1930 - Sections 47; Aircraft Act, 1934; Merchant Shipping Act, 1958 - Sections 3; Code of Civil Procedure (CPC) , 1908 - Sections 60(1); ;Constitution of India Articles 14, 226 and 300A

Reported in : III(2008)BC526

1934);(d) creation of security interest in any vessel as defined in Clause (55) of Section 3 of the Merchant Shipping Act, 1958 (44 of 1958);(e) any conditional sale, hire-purchase or lease or any other contract in which no … also clear that whether the application was filed in the Tribunal before or after the enforcement of the Amendment Act, 2004 is immaterial, but what is relevant is whether the application is pending before the Tribunal by the … dated 23.01.2007, under Section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, as arbitrary, illegal and violative of Article 14 of the Constitution of India; and consequently to direct the … of the respondents in issuing the impugned notice, dated 23.01.2007, under Section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security

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Dec 12 2023

Jayakumar R. vs State Bank of India

Court : Kerala

Decided on : Dec-12-2023

1934);(d) creation of security interest in any vessel as defined in clause (55) of section 3 of the Merchant Shipping Act, 1958 (44 of 1958); [* * * * * ](f) any rights of unpaid seller under section … No proceedings can be initiated under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 against an agricultural property. By Exts.P3 and P4, the Village Officer and the Agricultural Officer have certifiedthat the … published Ext.P8 sale notice dated 17.07.2023. The petitioner challenged Ext.P8 sale notice amending the SA. The Tribunal considered Ext.P6 commission application and dismissed the IA, … HIGH COURT OF KERALA AT ERNAKULAMPRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH TUESDAY, THE 12TH DAY OF DECEMBER 2023/21ST AGRAHAYANA, 1945 OP (DRT) NO.462 OF 2023 AGAINST

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Sep 09 2008

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

Court : Mumbai

Decided on : Sep-09-2008

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 … 17/06 has been filed by respondent No. 1 for initiating action under Section 41-D of the Bombay Public Trust Act, 1950 (hereinafter referred to as … 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

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Apr 05 2004

Naresh Kumar and anr. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Decided on : Apr-05-2004

Subject : Constitution

Acts : Merchant Shipping Act, 1958 - Sections 80 and 86; Merchant Shipping (STCW) Rules, 1998 - Rules 11 and 15; Constitution of India - Articles 14, 19 and 32; ;Merchant Shipping (Amendment) Act, 1986 - Sections 5

Reported in : AIR2004SC2026; JT2004(5)SC394; 2004(4)SCALE214; (2004)4SCC540; 2004(3)SLJ1(SC)

Shipping (STCW) Rules, 1998 - Rules 11, 15 - Constitution of India - Articles 14, 19, 32 - Merchant Shipping (Amendment) Act, 1986 - Section 5 - Petitioners Indian Navy Officers released from Indian Navy and employed in Indian Navy … arrangements allow existing certificates to remain valid (subject to existing invalidation requirements) for 5 years until 1 February 2002. The Convention requires that certificates issued under STCW 78 be assessed and updating training undertaken where necessary to

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Dec 08 2006

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

Court : Allahabad

Decided on : Dec-08-2006

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 construction of the proposed 'Haj House' over the land of Khasra 1399 (area 4.535 acre) at village Arthala, situated at the bank ('doob kshetra')

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Mar 05 2009

Forward Seamen Union of India Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Decided on : Mar-05-2009

Subject : Labour and Industrial

Acts : Merchant Shipping Act, 1958 - Section 95; ;Merchant Shipping (Amendment) Act, 2002

bench held that the directions given by the learned single Judge were contrary to the provisions of the Merchant Shipping Act, 1958 (as amended by Amendment Act of 2002) ('Act' for short). It also made the following observations … employed through the contractors, though such bazarmen are not seamen or crew, are seafarers within the meaning of Section 95 of the Act.6. The appellant have challenged the said order primarily with reference to orders dated 3.2.1998 … account of such disputes, a public interest litigation (CO No. 87(W) of 1997) was filed by Andaman Chamber of Commerce. In that case, the High

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Dec 04 2019

The Great Eastern Shipping Co. Ltd. Vs. State of Karnataka

Court : Supreme Court of India

Decided on : Dec-04-2019

Subject : Service Tax

round the clock (24 hours a day) throughout the contract period.9. The Contractor shall comply with the Indian Merchant Shipping Act and any other legislation related to the operation of a tug in Indian territorial waters, and if … tax on the transfer of the right to use any goods. Article 366(29A)(d) inserted by the Constitution (46th Amendment) Act, 1982 on 2.2.1983 reads: “366. (29) “tax on income” includes a tax in the nature of an excess … 1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL … to transfer of the right to use goods within the meaning of section 5C of the Karnataka Sales Tax Act, 1957 (for short, “the KST

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