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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 … 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. … 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

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, … goods, money or security given by or under the Indian Contract Act, 1872 (9 of 1872) or the Sale of Goods Act, 1930 (3 of

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 … been noted in the last paragraph at page 180 of the paper book. The J.C.C., however, keeping

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 … CJI A. Reference .................................................................................................................. 5 B. Submissions ........................................................................................................... 12 C. Maintainability ........................................................................................................ 18 D. The Indian Stamp Act 1899 .................................................................................... 22 i. Overview ........................................................................................................................ 22

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 … in possession of Certificate of service with approved sea going experience of 18 months of more but less than 36 months as a Watch Keeping

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

Court : Kolkata

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.

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 … as such matters are not provided for in the rules.44. The duties of the Port Haj Committees under Section 18 of such Act are as follows:18. Duties of Port Haj Committees.- (1) The duties of a Port Haj

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 … 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 … in Section 73 of the Indian Contract Act, 1872. Thyssen‟s claim for damages was to the tune

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

Court : Supreme Court of India

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 … canteen facilities on the ships and therefore issued a Tender Notice dated 18.11.2002 inviting tenders for on board services in five vessels, that is catering

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 … for the sake of brevity), which has been introduced with effect from 18th April, 2006;(ii) An explanation to Section 65(105) of the Act, which was