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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 … of the Act, is without jurisdiction and in violation of the provisions of the Act as well as Section 19 of the Recovery of Debts Due to the Banks and Financial Institutions Act, 1993. Further, it is stated

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 … 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 … 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

Parties : R and Others (Appellants) Vs. Director of Public Prosecution ...

Court : House of Lords

Subject : Land Acquisition

1984; the War Crimes Act 1991, giving jurisdiction to try war crimes committed abroad by foreign nationals; the Merchant Shipping and Maritime Security Act 1997, s 26, giving effect to provisions of the United Nations Convention on the … practice is to legislate. Examples may be found in the Geneva Conventions Act 1957 and the Geneva Conventions (Amendment) Act 1995, dealing with breaches of the Geneva Conventions of 1949 and the Additional Protocols of 1977; the Genocide … count) charged with counts of conspiracy to cause criminal damage contrary to section 1(1) of the Criminal Law Act 1977 (Jones, Milling, Olditch, Pritchard), having … cause criminal damage contrary to section 1(1) of the Criminal Law Act 1977 (Jones, Milling, Olditch, Pritchard), having articles with intent to destroy or damage

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, … THE HONOURABLE MR.JUSTICE N.NAGARESH TUESDAY, THE 12TH DAY OF DECEMBER 2023/21ST AGRAHAYANA, 1945 OP (DRT) NO.462 OF 2023 AGAINST THE ORDER IN SA 242/2023 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 … Section 41-D of the Bombay Public Trust Act, 1950 (hereinafter referred to as 'the Act') against the

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

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 … on the provisions of the Merchant Shipping Act, 1958. The petitioners have also challenged the enquiry sought … 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

State of Rajasthan and ors. Vs. Khandaka JaIn Jewellers

Court : Supreme Court of India

Subject : Civil

Acts : Stamps Act, 1952 - Sections 2(12), 3, 17, 27, 47A(1) and 47A(2); Rajasthan Stamp Duty (Amendment) Act - Sections 47A, 47A(1), 47A(2), 47A(2A) and 47(3); Merchant Shipping Act, 1894; Indian Registration of Ships Act, 1841; Registration Act, 1908; Code of Civil Procedure (CPC) , 1908

Reported in : AIR2008SC509; 2008(1)CHN132; 2008(1)CTC60; [2008(1)JCR126(SC)]; (2008)1MLJ1139(SC); RLW2007(4)SC3556; 2007(13)SCALE190; 2007AIRSCW7378; AIR2008SC509; 2008(1)ICC560; 2008(1)KCCRSN19

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 1938, or the Indian Registration of Ships Act, 1841 (10 of … of stamp duty - Sections 17 of the Stamp Act, 1952 and 47A of the Rajasthan Stamp duty (Amendment) Act - Vender failed to perform terms of the agreement for purchase of properties - Suit for Specific Performance … was further prayed to quash and set aside the proceedings taken under Section 47A(2) of the Stamps Act, 1952 in case No. 442/95 and 443/95

Williams and Others Vs. British Airways Plc

Court : UK Supreme Court

Subject : Land Acquisition

for mobile staff in civil aviation (paragraph 2 above). This was in turn given domestic effect by The Merchant Shipping (Hours of Work) Regulations 2002 (SI 2002 No. 2125) ("the non-fishing Seafarers Regulations"), in language identical as regards … Directive, by the Working Time Regulations 1998 (SI 1998 No. 1833) ("the Working Time Regulations"). These Regulations (as amended by the Working Time (Amendment) Regulations 2001 (SI 2001 No. 3256)) provide that a worker is "entitled to … Aviation Regulations"). These Regulations were introduced under s.2(2) of the European Communities Act 1972 to comply with the United Kingdom's obligations under Council Directive 2000/79/EC … should be calculated by analogy with ss.221-4, despite the inapplicability of these sections). The Court of Appeal accepted British Airways' contrary case under both European … introduced under s.2(2) of the European Communities Act 1972 to comply with the United Kingdom's obligations under

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 … 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 … of the Bombay High Court Appellate Side Rules, 1960 (hereinafter referred to Appellate Side Rules). Rule 1