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Dec 20 2007

Model Financial Corporation, a Company Incorporated Under the Provisio ...

Court : Andhra Pradesh

Decided on : Dec-20-2007

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 … the learned Judge of this Court, at paragraphs 19, 21, 22, 25, 27, 28, 30, 31, 32 and 33, observed as hereunder:19. It is true

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Sep 09 2008

Vijay K. Mehta and anr. Vs. Charu K. Mehta and ors.

Court : Mumbai

Decided on : Sep-09-2008

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 … by one of the Administrators Shri Halbe dated 27th June, 2008.5. The petitioners herein on the other

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Sep 23 2009

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

Court : Kolkata

Decided on : Sep-23-2009

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.

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Dec 08 2006

Mahanagar Ghaziabad Chetna Munch Through Its President, Sri Ram Avtar ...

Court : Allahabad

Decided on : Dec-08-2006

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 due performance of its duties by the State Committee for the objects specified in Section 27; and(iii) any other expenses, as approved by the State Government which are required to be met by the

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Jul 09 2002

islamic Republic of Iran Vs. M.V. Mehrab and ors.

Court : Mumbai

Decided on : Jul-09-2002

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

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Dec 04 2019

The Great Eastern Shipping Co. Ltd. Vs. State of Karnataka

Court : Supreme Court of India

Decided on : Dec-04-2019

Subject : Service Tax

round the clock (24 hours a day) throughout the contract period.9. The Contractor shall comply with the Indian Merchant Shipping Act and any other legislation related to the operation of a tug in Indian territorial waters, and if … outside the legislative competence of the State 8 legislature. Entries 25 to 27 of List I indicate that the entire shipping industry is exclusively within … tax on the transfer of the right to use any goods. Article 366(29A)(d) inserted by the Constitution (46th Amendment) Act, 1982 on 2.2.1983 reads: “366. (29) “tax on income” includes a tax in the nature of an excess … to transfer of the right to use goods within the meaning of section 5C of the Karnataka Sales Tax Act, 1957 (for short, “the KST

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Mar 24 2010

Williams and Others Vs. British Airways Plc

Court : UK Supreme Court

Decided on : Mar-24-2010

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 … United Kingdom's obligations under Council Directive 2000/79/EC of 27 November 2000 ("the Aviation Directive"), the purpose of … 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

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Mar 29 2006

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

Court : House of Lords

Decided on : Mar-29-2006

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 … law of England and Wales, and the crime of aggression is such. 27. I approach this proposition assuming the correctness of the conclusions already reached, … 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

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Aug 31 2012

National Insurance Co. Ltd. Vs. Ms. Vaishali Harish Devare and Others

Court : Mumbai

Decided on : Aug-31-2012

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 Nagappa v. Gurudayal Singh, (2003) 2 SCC 274, the Apex Court held thus: "21. For the

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Jun 29 2011

The District Collector and Secretary, Kerala State Haj Committee,calic ...

Court : Kerala State Consumer Disputes Redressal Commission SCDRC Thiruvananthapuram

Decided on : Jun-29-2011

Subject : Land Acquisition

3 years imprisonment and fine Rs. 10,000/- or both as per the Section 27 of the Consumer Protection(Amendment) Act. 2002. The points of the appeal answered accordingly. This appeal is disposed accordingly with cost. The registrar of this … com outgoing facilities was under their in the phone. Bath Room and latrine were used by the employees, merchants and visitors. At Madeena they were allowed a room No. 303 in the second Floor. They are very … nothing but result of mere dissatisfaction. They did not suffer any hard ships or difficulties during the Hujj trip. Another contention raised by the counsel,

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