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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 … have mortgaged the properties totaling 8 acres 17 guntas in Sy.Nos.283A & 283AA, 299, 298, 284/A, AA, E, EE & OO & 285 situated at

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 … to proceed further in the matter.4. In para 28 of the judgment and order dated 11-7-2008, the … 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

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

Court : Mumbai

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

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 … were made thereto vide Notification No.28 dated January 28, 2004. On the same day, Public Notice No.40(RE-2003)/2002-2007 … 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

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.

Gms Marine Company Limited Vs. the Owners and Parties Interested in th ...

Court : Kolkata

Subject : Civil

Acts : Commercial Documents Evidence Act, 1939 - Section 3; ;Evidence Act, 1872 - Sections 4, 9, 41 and 165; ;Industrial Disputes Act; ;Arbitration Act, 1940 - Sections 14, 14(2) and 17; ;Government of India Act, 1935 - Section 176; ;Government of India Act, 1915 - Section 32; ;Government of India Act, 1858 - Section 65; ;Colonial Court of Admiralty Act, 1890; ;Merchant Shipping Act - Sections 443, 443(3) and 444; ;Civil Jurisdiction and Judgments Act, 1982 - Section 34; ;Admiralty Act, 1988; ;Succession Act, 1925 - Section 118; ;Companies Act, 1956; ;Arbitration and Conciliation Act, 1996; ;Foreign Sovereign Immunities Act, 1976; ;Code of Civil Procedure (CPC) , 1908 - Sections 6, 9, 16 to 20, 83 to 87A, 87B, 112, 112(2) and 141 - Order 1, Rule 8 - Order 7, Rule 11 - Order 41, Rule 27; ;Civil Pr

to be an enabling statute, and not one of limitation of power. Sections 443 and 444 of the Merchant Shipping Act were quoted and Sub-section (3) of Section 443 emphasised on inasmuch as it provides that 'the person … the request a reasonable opportunity of being heard.28. Prior to the 1976 Amendment to the Code, Section 86(1) began with the words 'No Ruler of … judgment of the Delhi High Court in FAO (OS) No. 403 of 2002 (International Development Research Centre v. Ramesh Mehta) delivered on July 25, 2008 … Code, the Court held that a vessel was included within the meaning of the word 'defendant' used in Section 28 since a vessel 'for this purpose is invested with a persona' VSIG relies on a passage from the

Mr. Allan S.F. Falerio Vs. State of Goa Through the Chief Secretary, S ...

Court : Mumbai

Subject : CivilRight to information

Acts : Right of Information Act; Indian Port Act, 1908 - Sections 30; Inland Vessels Act - Sections 20(4); Merchant Shipping Act, 1958 - Sections 75, 76 and 78; Code of Civil Procedure (CPC) - Sections 80; STCW Code - Sections A-1/11; Merchant Shipping (Standards of Training, Certification and Watchkeeping for Seafarers) Rules, 1998 - Rule 10 and 10(2); Recruitment Rules, 1973; Merchant Shipping (Medical Examination) Rules, 1986

Reported in : 2010(112)BomLR7

No. 2. It is stated that to give effect to STCW Convention, the Central Government has framed the Merchant Shipping ( Standards of Training, Certification and Watchkeeping for Seafarers ) Rules, 1998 (Rules, for short ), and in … of Training, Certification and Watchkeeping for Seafarers, 1978, signed at London on 7th day of July, 1978, as amended from time to time. Section 76 of the said Act, inter alia, further provides that every Indian ship, … 1978(STCW Convention, for short) which has been ratified by Indian Parliament on 28-4-1984 and which in terms of Article VI thereof requires that every person

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

Court : Supreme Court of India

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 … 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 … the tug continued with it. The Assistant Commissioner sent another communication dated 28.12.1998 informing that last chance was given to the company to get itself

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. … why the Apex court did not 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 of the said judgment which reads … 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

Pennar Industries Ltd. and Mr. Ch. Vs. Commissioner of Customs

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Subject : Land Acquisition

Reported in : (2005)(186)ELT125Tri(Mum.)bai

third party exports of cold rolled non alloy steel coils through M/s Essar Steel Ltd, Hazira, Surat, a merchant manufacturer and a quantity of 558.865 MTs and 176.5 MTs were exported vide Shipping Bill Nos 1000051316 dated … order demanding the duty is set aside, without going into the question of no demand being made under Section 28 of the Customs Act 1962.11. Since no duty demands are being upheld, there is no case or cause … prevailing marker scenario. The DGFT was kind enough to pass orders making amendments in the licence and the summary of the amendments are as follows: