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Owners and Persons Interested in the Vessel Mt Titan Vision Vs. 3f Ind ...

Court : Chennai

Subject : Miscellaneous

the admiralty jurisdiction of this Court.17. Before dealing with the said question, it would be appropriate to extract Section 6 of the Admiralty Court Act, 1861 and Section 443 of the Merchant Shipping Act, 1958, which reads as … counsels appearing for the respective parties by inviting the attention of this Court to the provisions of the Merchant Shipping Act, 1958 and the International Convention on the arrest of Ships, Geneva, 1999 by referring to the various … upon the Full Bench judgment of the Bombay High Court reported in 2007 (2) ALLMR367: MANU/MH/0026/2006  J.S.Oceab Liner LLC, a foreign Company incorporated under … at Singapore. Under the general clause paramount, the Hague Rules and as amended by the Hague Visby Rules governing the load port alone, will be

Indian National Shipowners' Association Vs. National Union of Seafarer ...

Court : Delhi

Subject : Constitution

Acts : Constitution of India - Article 226; Merchant Shipping Act, 1958 - Section 150

Central Government to constitute a Tribunal of one or more persons adjudicating the disputes as contemplated u/s.150 of Merchant Shipping Act, 1958 at the earliest and on urgent basis preferably within 72 hours due to the exigencies of … the respondent No.2. The order passed in Appeal No.950/2000 dated 25th July, 2007 reads thus: "P.C. : The learned Counsel appearing for the Appellant states … 2nd February, 2011 issued by the respondent No.1. 6. We have reproduced the relevant portion of the … with its employees and/or Unions. d) Whether the NMB constitution ought to be Amended? If so, then what amendments ought to be made in the NMB constitution? e) Pending the above adjudication, the Central Government be pleased … the same in the official gazette and passing relevant injunction orders under Section 151 of the M.S. Act 1958 then there would be nationwide industrial

Hanwha General Insurance Co. Ltd. Vs. m.v. ELENI (IMO No.9460277)

Court : Mumbai

Subject : Land Acquisition

the conventions on limitation of liability for maritime claims. India has, infact included it in its domestic law Merchant Shipping Act, 1958, as amended, not the entire provisions of one such convention as explained later, but most of … liability for maritime claims. India has, infact included it in its domestic law Merchant Shipping Act, 1958, as amended, not the entire provisions of one such convention as explained later, but most of it. 4. On 19th … 9th April 2014, the present admiralty suit was filed by the plaintiff. 6. A caveat against arrest of the defendant vessel under Rule 929 of … are instituted in respect of claims subject to limitation as provided in Section 352C (1). c) Article 13 of the Convention has not been incorporated

M/s N.n. Global Mercantile Private Limited Vs. M/s Indo Unique Flame L ...

Court : Supreme Court of India

Subject : Arbitration

vessel, or any part, interest, share or property of or in any ship or vessel registered under the Merchant Shipping Act 1894, Act No.57 & 58 Vict. c. 60 or under Act XIX of 1838 Act No.or the … to the delay in the arbitration process and that negates the benefit of arbitration. The Arbitration & Conciliation (Amendment) Act, 2015 (hereinafter being referred to as the 2015 Amendment) was introduced to emphasize the speedy disposal of cases … Limited27, in which case, the Court did not have occasion to interpret Section 11(6)(a) of the Act.64. It is true that in Hyundai (supra), this

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 … Rule Nisi on 26.02.2007 and also granted interim stay, in W.P.M.P.No.4716 of 2007, on that day. 2. The writ petition is filed for a writ … 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

Pacific BasIn Handymax (Uk) Ltd. Vs. Ashapura Minechem Ltd.

Court : Mumbai

Subject : Arbitration

DG Shipping had by letter dated 3rd November, 2008 refused to grant respondent's licence as contemplated under the Merchant Shipping Act, 1958. On 11th November, 2008, the respondents filed Special Civil Suit (58 of 2008) before the District … reading the provisions of the order 39 Rule 11 of the CPC 1908 (introduced by way of Maharashtra Amendment dated 1/10/1983) into the provisions of section 9 and or section 48 of the Arbitration Act, 1996. Section … in this Notice of Motion are as under: 3. On 25th October, 2007 a contract of affreightment (for short “COA”) was executed by and between … and the respondents by which the respondents agreed to load minimum of 6 shipments annually of 45,000 MTS to 50,000 MTS of Bauxite from various

Pacific BasIn Handymax (Uk) Ltd. Vs. Ashapura Minechem Ltd.

Court : Mumbai

Subject : Arbitration

DG Shipping had by letter dated 3rd November, 2008 refused to grant respondent's licence as contemplated under the Merchant Shipping Act, 1958. On 11th November, 2008, the respondents filed Special Civil Suit (58 of 2008) before the District … reading the provisions of the order 39 Rule 11 of the CPC 1908 (introduced by way of Maharashtra Amendment dated 1/10/1983) into the provisions of section 9 and or section 48 of the Arbitration Act, 1996. Section … in this Notice of Motion are as under: 3. On 25th October, 2007 a contract of affreightment (for short “COA”) was executed by and between … and the respondents by which the respondents agreed to load minimum of 6 shipments annually of 45,000 MTS to 50,000 MTS of Bauxite from various

High Court of Punjab and Haryana at Vs. M/S. Atma Tube Products Ltd. a ...

Court : Punjab and Haryana

Subject : Land Acquisition

payment out of the welfare fund to the members of the fund or their nominees or legal heiRs.The Merchant Shipping Act, 1958 (Section 141) also contemplates payment of compensation to a seaman and in the case of a … by this Code or by any other law for the time being in force”.The Code of Criminal Procedure (Amendment) Act, 2005:2005. - CRM-790-MA-2010 final - 16 - (27).Hon’ble Supreme Court in a string of decisions a few of … expression “legal heir”. finds mention but without any definition. The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 defines “relative”. [Section 2(g)].which means “any legal heir of the childless senior citizen who is not a minot … -4- Bench formulated four questions (reformulated along with additional questions in para 6) and referred them for determination to a larger Bench. (5).The continued quest

Vijay K. Mehta and anr. Vs. Charu K. Mehta and ors.

Court : Mumbai

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 … Mumbai dated 23rd July, 2008 below Exhibit-1 in Application No. 17 of 2007. The principal application being No. 17/06 has been filed by respondent No. … 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 … the J.C.C. on 23rd July, 2008, application (Exhibit 65) was moved by respondent Nos. 1, 3 and

M/s.G.G.Steels Vs Union of India

Court : Chennai

time they were not in operation and could be thrown out without ever having come into operation (compare Merchant Shipping Act, 1894, Section 417; Inebriates Act, 1898, Section 21) but this is not used now.11 Section 3(2), All … others3, while dealing with the notification issued under the U.P. 3 1995 Supp (2) SCC 305 Panchayat Raj (Amendment) Act, 1994, it was held that merely because the notifications contain inappropriate title, it would not affect the legality/validity … Central Information Commission Vs. DDA and another4, whiledealing with a challenge to 2007 Regulations framed by CIC under the Right to Information Act, 2005, it … publication. The decision to amend and issue the notification was of the Central Government. Neither Section 3(2) nor Section 6(3) of the FTDR Act was violated. This Court in Delhi International Airport Ltd. v. International Lease Finance Corpn.