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Dec 22 2003

Union of India (Uoi) and ors. Vs. Forward Seamen Union and ors.

Court : Kolkata

Decided on : Dec-22-2003

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 … 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

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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 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 … Consortium Agreement dt.27.12.2000.Nature of facility Limit (Rs. in lakhs)i. O.C.C.: 24-00ii. W.C.D.L.: 96-00______120-00It is further stated that in the counter-affidavit, the respondents stated that 'it

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Dec 12 2023

Jayakumar R. vs State Bank of India

Court : Kerala

Decided on : Dec-12-2023

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 … regarding agricultural nature of the secured asset.:5:6. Relying on Order XXVI Rule 9 of the Code of CivilProcedure, 1908, the counsel for the petitioner argued … 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,

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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 … to frame charges against respondent Nos. 1 to 9 in the original application, who are reportedly trustees … 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

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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 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 … this section shall take effect as soon as it is notified by the Central Government in the Official Gazette.Section 9 speaks about duties of the Committee, which are as follows:9. Duties of Committees.- (1) The duties of the

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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 … 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 … of legislation requiring paid annual leave. Council Directive 93/104/EC of 23 November 1993 ("the Working Time Directive")

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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 … on the correctness of his rulings. The appellant Valerie Swain 7. On 9 March 2003 the appellant Valerie Swain and others trespassed on the RAF … 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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Apr 28 2006

Tata Sons Ltd. Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Mumbai

Decided on : Apr-28-2006

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 … as such.6. Fifth ground in the appeal is against disallowance of Rs. 99,860 as prior period expenses. This ground was also not pressed at the

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