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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

Mayar (Hk) Limited and anr. Vs. Owners and Parties Interested in the V ...

Court : Chennai

Subject : Civil

Acts : Colonial Courts of Admiralty (India) Act, 1891 - Sections 2; Merchant Shipping Act, 1958 - Sections 2(15) and 443

Reported in : AIR2003Mad422

dispute or any other ship in the same beneficial ownership as the res in question. .... 82. The Merchant Shipping Act empowers the concerned High Court to arrest a ship in respect of a substantive right. A right … M.V. Neetu wasarrested pursuant to the order, in application No. 2221 of 2003, and is now detainedin the territorial waters of India at the portof … order the arrest of the vessel in respect of a cause of action relating to outward cargo because Section 6 of the Admiralty Court Act, 1861 (read with the Colonial Courts of Admiralty Act, 1890) conferring admiralty jurisdiction … not responsible for dead freight and the Agreement will have to be amended. According to the respondent, the applicants had themselves given a go-by to

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.

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

Court : Supreme Court of India

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 … respondent also issued M.S. Notice Nos. 2 of 2000, 4, 5 & 6 of 2001 in compliance with Rules 11 and 15 by prescribing the … 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

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 … vessel. Therefore, the consideration paid for chartering of vessels is liable to 6 service tax under the category of ‘supply of tangible goods for use … 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

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 … [2004] EWCA Civ 359; [2004] ICR 1083 (CA). 6. The exceptions from the Working Time Directive were … 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

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 … person. It is his submission that 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 also reading the various circulars of … 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, … the differential service tax and demanded interest; imposed equivalent penalties under various sections of the Finance Act, 1994. 3. Ld. Counsel appearing on behalf of … the case of Afali Pharmaceuticals [1989 (44) ELT 613]. He would submit that w.e.f. 01.07.2010 the definition

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) … as may be specified in the notification. Explanation. - “Export” includes goods shipped as provision or stores for use on board a ship proceeding to … Rules, 2002, read with notification No. 21/2004-CE(NT) dated 6th September, 2004. In some cases, the applications were

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 … however, the request was rejected by the bank. In reply to paragraph 6 of the affidavit filed in support of the writ petition, it is