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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 … not being used for agricultural purpose and, even otherwise, the petitioners are having an effective alternative remedy under Section 17 of the Act at the appropriate stage and, hence, viewed from any angle, the writ petition is liable

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 … hands of the petitioner.9. The respondents further urged that the Tribunalhas exercised the jurisdiction vested in it under Section 17 of the SARFAESI Act. It is settled law that the power under Article 227 of the Constitution of … 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

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 … 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 … of the Act, which was in force between 16th June, 2005 and 17th April, 2006; and(iii) Rule 2(1)(d)(iv) of the Service Tax Rules, 1994 inserted

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 … ii. The consequences of the failure to stamp an instrument a. The procedure under the Stamp Act 37. Section 17 of the Stamp Act provides that all instruments chargeable with duty and executed by any person in India

Thyssen Krupp Materials Ag vs.the Steel Authority of India

Court : Delhi

Subject : Arbitration

terms of the contract must be agreed to before a concluded contract can come into existence. Furthermore, no shipping date was agreed to between the parties nor was the size finalized. SAIL stated that it was merely … the agreement for the supply of second lot on 12.05.1994 (hereafter “the amendment”). Thyssen‟s officers and experts made regular visits to SAIL‟s Bokaro Steel Plant … as those enshrined in Sections 15, 16 and 17 of the Sale of Goods Act. The first … SAIL did not answer to the description and specifications agreed to by the parties nor was it of merchantable quality. The CRC was incapable of being used for the purpose which “prime cold rolled mild steel sheet” … arbitral award; therefore, this appeal under Section 39 of the (old) Arbitration Act 1940 (“the Act”), read with Section 10 of the Delhi High Court

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 … expenses incidental to the objects specified in Section 9;(c) any other objects specified in the rules made under Section 17.48. Section 17 has the rule making power and under Sub-section 2(j) the objects, for which the Haj Fund

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, … on several occasions to comply with the formalities by letters dated 13-4-2004, 17-10-2005, 16-3-2007 and 29-9-2008, and that inspite of specific request to fulfill the