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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

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 … Joint Charity Commissioner, Greater Mumbai Region, Mumbai dated 23rd July, 2008 below Exhibit-1 in Application No. 17

Director General of Foreign Trade and Anr Vs. M/S Kanak Exports and An ...

Court : Supreme Court of India

Subject : Land Acquisition

|6.10 |An EOU/EHTP/STP unit may export goods| |Status Holder | |manufactured/software developed by it| | | |through a merchant exporter/status | | | |holder recognized under this Policy | | | |or any other EOU/EHTP/STP/SEZ unit. | … an exporter or manufacturer on behalf of another exporter(s). In such cases, shipping bills shall indicate the name of both the exporter/ manufacturer and exporter(s).” … subsequent to the decision of the High Court, the State Legislature has enacted the Andhra Pradesh Tenancy Laws (Amendment) Act, 1979 - Act 2 of 1979, whereby Section 93 of the Act has been amended and the provisions … April 21, 2004 and Notification No.40 dated April 23, 2004. Vide Notification No.28 dated January 28, 2004, … of 2009 Writ Petition (Civil) No.246 of 2010 Export Import (EXIM) Policy 2002-2007 was framed by the Central Government under Section 5 of the Foreign

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 … judgment. For brevity, we are taking the facts from Writ Petition No. 238 of 2003.2. Briefly stated the facts are as follows :-The petitioners were

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.

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 … requiring paid annual leave. Council Directive 93/104/EC of 23 November 1993 ("the Working Time Directive") introduced a … 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 … wherein, the High Court's observations while dealing with identical provisions in Section 23A of the 1922 Act were upheld by the Supreme Court in N.C.Sen

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 … National Insurance Co. Ltd. And others decided on 23rd April 2012 in Civil Appeal no.3723 of 2012.

Liverpool and London S.P. and I Asson. Ltd. Vs. M.V. Sea Success I and ...

Court : Supreme Court of India

Subject : Civil

Acts : Code of Civil Procedure (CPC) - Sections 44A, 104 and 117 - Order 7, Rules 11, 11A and 14 - Order 37 - Order 43, Rule 1 - Order 49, Rule 3; Admiralty Courts Act, 1861 - Sections 1, 1(4), 5 and 6 ;Admiralty Courts Act, 1840; Supreme Court of Judicature (Consolidation) Act, 1925 - Sections 22 and 22(1); Administration of Justice Act, 1956 - Sections 20(2) and 47(2); Inland Vessels Act, 1917; Merchant Shipping Act, 1956; Multimodal Transportation of Goods Act, 1993 - Sections 7 and 7(1); Colonial Courts of Admiralty Act, 1890 - Sections 2; Colonial Courts of Admiralty (India) Act, 1891 - Sections 2; Merchant Shipping Acts, 1894 to 1923; Supreme Court of Judicature Act, 1873; Administration of Justice Act, 1920; Admiralty Jurisdiction Regulation Act, 1983; Merchant Shipping (Oil) Polluti

Reported in : JT2003(9)SC218; 2003(10)SCALE1; (2004)9SCC512; MANU/SC/0951/2003

this connection has been placed on the Inland Vessels Act, 1917 (as amended in the year 1977), the Merchant Shipping Act, 1956 (as amended in 1983) and Multimodal Transportation of Goods Act, 1993 (as amended in 2000) and … to time. [See National Insurance Co. Ltd., Chandigarh v. Nicolletta Rohtagi and Ors.].71. The Multimodal Transportation of Goods (Amendment) Act 2000 inter alia provides for responsibilities and liabilities of the multimodal transport operator. By reason of Act 44 … has been filed by the 'club' whereas Civil Appeal No. 5666 of 2002 has been filed by the 'vessel'.Submissions :8. Mr. Bharucha, the learned counsel … of law or of fact, Pulaski v. State, 23 Wis. 2d 138, 126 N.W. 2d 625, 628. … of unpaid insurance premium was not a 'necessary' within the meaning of Section 5 of the Admiralty Courts Act, 1861. A learned Single Judge of