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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

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 … 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 … 65(9) and 65(10) (9)."banking" and banking company shall have the meanings assigned to them in clauses (b) of section 5 of the Banking Regulation Act, 1949 (10 of 1949), (10). banking and other financial services means, the following … 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,

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

Court : Supreme Court of India

Subject : Land Acquisition

goods| |Status Holder | |manufactured/software developed by it| | | |through a merchant exporter/status | | | |holder recognized under this Policy | | | … 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 … came into force with effect from April 01, 2003. The main purpose and objective of this Policy … 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 Trade (Development and Regulation) Act, 1992 (hereinafter referred to as the 'Act'), which came into

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.

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

Court : Supreme Court of India

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

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

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 … cover the ports, and the agreement is with the Port Trust. He has further attracted our attention to section 5 of the Territorial Waters Act, 1976. Section 5 defines the contiguous zone to be at a distance of

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) … relation to the duties leviable under that Act.” 5. It is, therefore, clear from the reading of … as may be specified in the notification. Explanation. - “Export” includes goods shipped as provision or stores for use on board a ship proceeding to

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 … concerning certain occupations or occupational activities" (article 14). 5. The Working Time Directive was implemented domestically, with … 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 … is not true and correct and, hence, denied. In reply to paragraph 5 of the affidavit filed in support of the writ petition, it is