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

Court : Kolkata

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

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

Court : Andhra Pradesh

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 … Subsequently, the bank had filed recovery application before DRT bearing O.A.No.247/2003 on 15.09.2003 and the same was pending. Later, on 23.01.2007, this respondent had issued

Jayakumar R. vs State Bank of India

Court : Kerala

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,

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 … 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 … 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 … praecipe following order came to be passed, on 15th July, 2008.1. Heard Counsel on the application for

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

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

Court : Supreme Court of India

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

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 partition of Bengal and there is a balance of about Rs. 15,000 lying to the credit of the defunct Port Haj Fund, Calcutta, which

Mr. Allan S.F. Falerio Vs. State of Goa Through the Chief Secretary, S ...

Court : Mumbai

Subject : CivilRight to information

Acts : Right of Information Act; Indian Port Act, 1908 - Sections 30; Inland Vessels Act - Sections 20(4); Merchant Shipping Act, 1958 - Sections 75, 76 and 78; Code of Civil Procedure (CPC) - Sections 80; STCW Code - Sections A-1/11; Merchant Shipping (Standards of Training, Certification and Watchkeeping for Seafarers) Rules, 1998 - Rule 10 and 10(2); Recruitment Rules, 1973; Merchant Shipping (Medical Examination) Rules, 1986

Reported in : 2010(112)BomLR7

No. 2. It is stated that to give effect to STCW Convention, the Central Government has framed the Merchant Shipping ( Standards of Training, Certification and Watchkeeping for Seafarers ) Rules, 1998 (Rules, for short ), and in … of Training, Certification and Watchkeeping for Seafarers, 1978, signed at London on 7th day of July, 1978, as amended from time to time. Section 76 of the said Act, inter alia, further provides that every Indian ship, … State of U.P. through the Secretary and Ors. : AIR 1965 Allahabad 151 that a petition for Quo Warranto cannot be dismissed for delay, for

Antonio R. Borges and ors. Vs. Union of India (Uoi), Through Its Secre ...

Court : Mumbai

Subject : Service

Acts : Merchant Shipping Act, 1958 - Sections 121 and 212; Merchant Shipping Rules, 1986 - Rule 45

Reported in : 2003(4)BomCR529

the effect of discharging the petitioners from their services. The order was based on the provisions of the Merchant Shipping Act, 1958. The petitioners have also challenged the enquiry sought to be initiated against them pursuant to the … of the learned Advocate for the petitioners was on the basis of section 121 of the Merchant Shipping Act, 1958 (hereinafter referred to as 'the … thereunder. It is pertinent to note that eventhough this ground was included in the petition by way of amendment, no specific provision of the Act of 1958 or the Rules is quoted in support thereof as to … the petition.17. Regarding these orders at Annexure 'X' colly. dated 5th January, 2002, the learned Counsel for the respondents contended that defence assistance was provided

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 … D upon a piece of stamped paper upon which an instrument chargeable with duty has already been written.21 Section 15 is significant because it indicates the effect of non-compliance with Sections 13 and 14: instruments written in contravention