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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

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

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.

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

Court : Supreme Court of India

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 … approached the Circuit Bench of the Calcutta High Court in W.P. No. 40/2003 for quashing the said tender notice dated 18.11.2002.4. Learned Single Judge allowed

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 … charter by demise. The charters are of three kinds viz. (a) Time 4 Charter, (b) Bareboat Charter or Charter by Demise, and (c) Voyage Charter. … 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

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

Court : Delhi

Subject : Excise

however be noticed. The respondent No. 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 additional duty (hereinafter referred as CVD) … of the duties entitled to rebate. It is submitted that the aforesaid amendment is not retrospective or clarificatory in nature and is accordingly prospective 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) … Section 3 of the Customs Tariff Act, 1975. 4. Section 3 of the Customs Tariff Act, 1975 … as may be specified in the notification. Explanation. - “Export” includes goods shipped as provision or stores for use on board a ship proceeding to

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

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Ahmedabad

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 … Port Officers. Besides, they alone are authorized to charge or recover the amount leviable as State charges vide sub-section (4) of Section 32. The rates are ostensibly for services e.g. berthing etc. facilities provided by the Port itself. … 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,

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 … defined in Council Directive 1999/63/EC, and gave Member States until 1 August 2003 to achieve this. However, it also replaced article 14 of the Working … 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 … analogy with ss.221-4, despite the inapplicability of these sections). The Court of Appeal accepted British Airways' contrary

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 … become irregular. It is further stated that an application, being O.A.No.247 of 2003, was filed before the Debts Recovery Tribunal, Hyderabad, under the provisions of … withdraw. It is further stated that the Hon'ble Supreme Court in para 46 of the said Judgment had categorically observed that 'in our view, the

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

Court : Supreme Court of India

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 … and, therefore, the claim petition was maintainable. Regarding the amount payable as compensation, applying the formula provided in Section 4 of the 1923 Act, the Commissioner determined the compensation payable as Rs. 4,33,820/- and directed it to be

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

Court : House of Lords

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 … before the House. All of them committed acts in February or March 2003 which were, or are alleged to have been, criminal offences, unless there … recounted above are not understood to be contested. 4. A preparatory hearing was held under section 29 … 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