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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.

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 … 188 (A.P.), wherein the learned Judge of this Court, at paragraphs 19, 21, 22, 25, 27, 28, 30, 31, 32 and 33, observed as hereunder:19.

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

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 … received by the Haj Fund from private sources; and(f) any sums allotted by Government to the Haj Fund.45. Section 21 of such Act is made for application of Haj fund, which prescribes as under:21. Application of the Haj

V.M. Salgaocar and Bros. Ltd. Vs. M.V. Priyamvada and Another

Court : Mumbai

Subject : Land Acquisition

are seeking to limit their liability to a sum of Rs.58,43,811.20/- under Sections 350 and 352(B) of the Merchant Shipping Act 1958. Both the plaintiffs and the defendants have proceeded on the basis that this court has jurisdiction. … uphold the contention that the lower courts were wrong in allowing the amendment and ignoring Section 21 of the Code is spelt out in paragraph-28 … claim filed. (v) 20th March 2001: Issues were framed. (vi) 30th January 2002: Defendants' affidavit of documents and compilation of documents filed. (vii) 14th August … specified in Clause (a) or in Clause (b) or in Clause (c) as the case may be, of Section 21 applies, wherever the Vessel may be. Section 21 defines an Indian Ship to mean a ship owned by

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 … in due course addressed. Council Directive 1999/63/EC of 21 June 1999 gave effect to a European Agreement … 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

Tata Sons Ltd. Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Mumbai

Subject : Direct Taxation

Reported in : (2007)104ITD45(Mum.)

upon by the learned Departmental Representative, it was submitted that the Bombay High Court itself noted that the Merchant Shipping Act was not in paxi materia with the IT Act. Therefore, the provisions thereof did not apply to … of Section 2(18)(b)(i) dealing with the control of the affairs of the company had been deleted after the amendment in 1983. On a specific querry posed to the learned Departmental Representative as to whether he stands committed … own case for asst. yr.1984-85 in ITA Nos. 3624 and 3845/Mum/1991, dt. 21st Jan., 2000. The said ground was allowed by the Tribunal in the

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 … and exceptional cases involving special circumstances." (emphasis added) 21. The learned counsel for the appellant has invited … 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