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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

Matched in: Advocate Bimal Kumar Das, Adv. and ;Tamali Biswas, Adv. in CAN No. 98 of 2003 Upendra Roy, Adv. for Respondent No. 1 and ;Ashish Kumar Ray, Adv. for Respondent No. 5

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Sep 26 2023

Commanding Officer Railway Protection Special Force Mumbai Vs. Bhavnab ...

Court : Supreme Court of India

Decided on : Sep-26-2023

Subject : Land Acquisition

Mines Act 1952 (35 of 1952) or the Railway Protection Force Act, 1957 (23 of 1957) or the Merchant Shipping Act, 1958 (44 of 1958), applies.” The relevant provisions of the 1957 Act 40. The 1957 Act has … of their inclusion in the definition of a “railway servant”.16. It was also submitted that by Workmen’s Compensation (Amendment) Act, 2009, with effect from 18.01.2010, the term “Workman” was Civil Appeal No.3592 of 2019 Page 8 of 31 … in connection with the service of a railway.” By Act No.51 of 2003, with effect from 1.7.2004, the definition of railway servant as provided in … in the course of his employment; and the deceased being a “Railway Servant”, as per the provisions of Section 2(34) of the Railways Act, 1989 (in short, the 1989 Act), would be deemed to be a “workman” under

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Oct 27 2015

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

Court : Supreme Court of India

Decided on : Oct-27-2015

Subject : Land Acquisition

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 … |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).” … as the 'Act'), which came into force with effect from April 01, 2003. The main purpose and objective of this Policy was to boost the

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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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Nov 20 2003

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

Court : Supreme Court of India

Decided on : Nov-20-2003

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

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

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Apr 05 2004

Naresh Kumar and anr. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Decided on : Apr-05-2004

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 … of by this common 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 serving in Indian Navy as Officers. They got

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Mar 05 2009

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

Court : Supreme Court of India

Decided on : Mar-05-2009

Subject : Labour and Industrial

Acts : Merchant Shipping Act, 1958 - Section 95; ;Merchant Shipping (Amendment) Act, 2002

bench held that the directions given by the learned single Judge were contrary to the provisions of the Merchant Shipping Act, 1958 (as amended by Amendment Act of 2002) ('Act' for short). It also made the following observations … employed through the contractors, though such bazarmen are not seamen or crew, are seafarers within the meaning of Section 95 of the Act.6. The appellant have challenged the said order primarily with reference to orders dated 3.2.1998

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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 … 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 … 1986) was passed by the State legislature, within purview of powers as per Entry 21 of List II. Section 2(j) of the Act of 1986 has defined Karnataka State to include the territorial waters, but that has to

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Apr 09 2014

M/S. Shreeji Shipping Vs. C.C.E. and S.T. Rajkot

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Ahmedabad

Decided on : Apr-09-2014

Subject : Service Tax

OIO are reiterated. XI. In view of the above submissions, the Appeal bearing No.ST/473/2009 filed by M/s. Shreeji Shipping may be held to be devoid of any merit. 5. Both sides filed two rejoinders which are considered … Order reported at 2011 (220) STR 305 (T-LB), held as follows: (a). Provisions other than clause (q) of Section (2) of the Major Port Trusts Act, 1963 or any provisions other than clause (4) of Section (3) of … the holistic reading of Chapter 5 of Finance Act, 1994 and the amendments made thereto by including further category of services as taxable services and … lighterage and local transportation services rendered within the port area. * In 2003-2004, Shreejis major income was shown under the Head lighterage and shore handling,

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May 02 2012

Commissioner of Central Excise, Delhi-i Vs. Joint Secretary(Revisionar ...

Court : Delhi

Decided on : May-02-2012

Subject : Excise

2 assesses are manufacturer exporters of stainless steel utensils (not trader or merchant exporters) and had made applications for rebate/refund of the Countervailing Duty or … to rebate. It is submitted that the aforesaid amendment is not retrospective or clarificatory in nature and … section 136 of the Finance Act, 2001 (14 of 2001), as amended by Section 169 of the Finance Act, 2003 (32 of 2003) and further amended by Section 3 of the Finance Act, 2004 (13 of 2004); (e) … sub- section (1) of the said section 14 or the tariff value of such article fixed under sub- section (2) of that section, as the case may be; and (ii) any duty of customs chargeable on that article … as may be specified in the notification. Explanation. - “Export” includes goods shipped as provision or stores for use on board a ship proceeding to

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