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Apr 22 2009

Delta Engineers Vs. State of Goa and ors.

Court : Supreme Court of India

Decided on : Apr-22-2009

Subject : Civil

Acts : Indian Ports Act, 1908 - Sections 1(2), 3, 4, 6, 31, 32, 33, 35, 46, 47 and 54A; Goa Ports (Amendment) Rules, 1994 - Rules 2 and 54A; Goa Ports (Amendment) Rules, 1992; Goa Barge Tax Act, 1973; Uttar Pradesh Municipalities Act, 1916 - Sections 220; Goa, Daman and Diu Port Rules, 1983 - Rules 34, 38, 40, 41, 42, 54, 55, 64

Reported in : 2009AIRSCW4319; JT2009(9)SC142; 2009(8)SCALE685; (2009)12SCC110

(Amendment) Rules, 1992 and Rule 54A of the Goa Ports (Amendment) Rules, 1994 were ultra vires the Indian Ports Act, 1908; (b) for quashing the demand for rental charges by letter dated 1.11.1993; and (c) for a direction to … which the Act is extended by the Government in exercise of the power conferred under the Act (vide Section 1(2) of the Act). Section 3 contains the definitions and Clause (4) thereof defines `port' as including also

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May 14 2009

Villianur Iyarkkai Padukappu Maiyam Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Decided on : May-14-2009

Subject : CivilCommercial

Acts : Major Ports Trust Act; Government of Union Territories Act, 1963 - Sections 18, 46 and 50; Business of the Government of Pondicherry Rules, 1963 - Rule 5 and 5(2); Indian Major Ports Act, 1908; Indian Ports Act, 1908 - Sections 3(9); Pondicherry (Administration) Act, 1962 - Sections 5; Pondicherry Administration Regulations Act, 1963 - Sections 3; Pondicherry (Laws) Regulation, 1963 - Regulations 2 and 6; Pondicherry (Alteration of name) Act, 2006 - Sections 4; Environment Protection Act; General Financial Rules, 1963; Supreme Court Orders, 1960 - Order 16; Supreme Court Rules, 1960 - Rule 4(1); Delegation of Financial Rules - Rule 21; Constitution of India - Articles 162, 239, 239A and 240

Reported in : JT2009(8)SC339; (2009)7SCC561; 2009(8)LC3627(SC); [2009] 9 SCR 225

ports can be undertaken by the respective State Government after formulating its own guidelines and modalities. The Indian Ports Act, 1908 permits the State Government to develop the minor ports. By virtue of power vested in the Parliament by … personal selection, is rejected.22.The contention that a conjoint reading of Article 239 and 239A of the Constitution and Sections 46, 50 of the Government of Union Territories Act read with Rule 5 of the Rules of Business … Petition (C) No. 9988 of 2007 is directed against judgment dated August 10, 2006, rendered by the Division Bench of Judicature at Madras, in Writ

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Jul 05 2001

Visakhapatnam Port Trust, Visakhapatnam Vs. Commerical Tax Officer, In ...

Court : Andhra Pradesh

Decided on : Jul-05-2001

Subject : Sales Tax

Acts : Andhra Pradesh General Sales Tax Act, 1957 - Sections 2, 2(1), 35 and 37; Major Port Trust Act, 1963; Indian Port Act, 1908

Reported in : 2001(5)ALD76

under the Major Port Trust Act, 1963. It is also a Port within the meaning of Indian Port Act, 1908. It is charged with the duties and functions enumerated in the above two enactments. To be specific and … ORDERS.R. Nayak, J. 1. The short question that arises for decision in this writ petition is … The short question that arises for decision in this writ petition is whether the activity of the Visakhapatnam Port Trust, the petitioner herein, in selling drinking water to various ships stationed in the waters of Visakhapatnam Port … can be treated as 'business' within the meaning of that term in Section 2(lXbbb) of the Andhra Pradesh General Sales Tax Act, 1957.2. This question

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Mar 24 1998

Oil and Natural Gas Corporation Ltd. Vs. Osprey Underwriting Agencies ...

Court : Mumbai

Decided on : Mar-24-1998

Subject : Civil

Acts : Indian Ports Act, 1908 - Sections 12 and 14; Code of Civil Procedure (CPC), 1908 - Order 39, Rule 1, 2 and 12; Oil and Natural Gas Commission Act, 1959; Companies Act, 1956; Marine Insurance Act, 1906

Reported in : 1998(3)ALLMR713; 1998(5)BomCR344; (1998)2BOMLR179

out that they i.e. Port Trust would be forced to take appropriate action under the provisions of Indian Ports Act, 1908, in particular under section 14 of the said Act.(xi) On 29-3-1996 Allied Marine terminated their wreck removal contract … herein below.2. The plaintiff herein is a statutory body constituted under the Oil and Natural Gas Commission Act, 1959 and subsequently incorporated in 1994, under the Companies Act, 1956, as ONGC Limited. The 1st defendant is a

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Nov 13 1998

Seaways Shipping Ltd. Having Its Office at Ii Floor, Rahmat Manzil, 51 ...

Court : Chennai

Decided on : Nov-13-1998

Subject : Commercial

Acts : Constitution of India -- Article 14,19(1)and 226; Major Port Trust Act, 1963 -- Sections 28, 34(1), 42(1), 42(3), 111 and 133; Madras Port Trust Act, 1905 -- Sections 123; Indian Ports Act, 1908

Reported in : 1998(3)CTC318

Senior Counsel points out that Section 133 of the Major Port Trusts Act, 1963 has repealed the Indian Ports Act, 1908 as also the Madras Port Trust Act, 1905 and, therefore, the regulations thereunder must be deemed to have … ORDER1. This judgment shall govern writ petition Nos.9469 and 9470 of 1998 as the parties are common and also the controversy involved. Common petitioner herein is a company registered under

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Jul 26 1972

The Trustees of Port of Madras Vs. Good Year India Ltd. and ors.

Court : Chennai

Decided on : Jul-26-1972

Subject : Commercial

Acts : Madras Port Trust Act, 1905 - Sections 110; Limitation Act. 1908 - Sections 22 and 22(1); Code of Civil Procedure (CPC), 1908 - Order I, Rule 10(1) and 10(2)

Reported in : AIR1973Mad316; (1973)1MLJ296

1. This appeal is by the Port Trust of Madras. The Good Year India Ltd. at Calcutta consigned to its branch office at Madras 614 … on 1-7-1963. The contention of Sri Rajan is that for the purpose of Section 22 of the Limitation Act. 1908, which was in force then the Port Trust was made a party only on 1-7-1963 by which time

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Apr 09 1997

South India Shipping Corporation Ltd. Vs. the Board of Trustees for th ...

Court : Kolkata

Decided on : Apr-09-1997

Subject : Civil

Acts : Major Port Trusts Act, 1963 - Sections 65 and 116;; The Indian Ports Act, 1908 - Sections 31(1) and (2)

Reported in : (1999)2CALLT531(HC)

at the centre. It was submitted on behalf of the defendant, that under section 31(2) of (The) Indian Ports Act, 1908 the plaintiff was liable to pay the repairing costs of the coal-loader which had been damaged, despite the … The Court1. The plaintiff has instituted this suit on 11th January, 1988 for cancellation of annexure--'A' to the plaint, which is an undated noticeissued by the defendant to

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Dec 02 1999

Mr. Kamla Kant Dube and Another Vs. M.V. Umang and Others

Court : Mumbai

Decided on : Dec-02-1999

Subject : Commercial

Acts : Code of Civil Procedure (CPC), 1908 - Sections 9-A, 20 and 120; Colonial Courts of Admiralty Act, 1890 - Sections 2(1), 3 and 7; Constitution of India - Articles 14, 21, 214, 215, 225, 226 and 372; States Reorganisation Act, 1956 - Sections 8, 49 and 52; Bombay Reorganisation Act, 1960 - Sections 3, 28, 30 and 37; Evidence Act, 1872 - Sections 58; Fatal Accidents Act, 1855 - Sections 1 and 2; Indian Ports Act, 1908; Colonial Courts of Admiralty (India) Act, 1891; Sea Act, 1925; Merchant Shipping Act, 1958 - Sections 3(15); Admiralty Court Act, 1861 - Sections 6; Criminal Law Amendment Act, 1952 - Sections 7(2)

Reported in : AIR2000Bom211; 2000(2)ALLMR48; 2000(2)BomCR556

Bombay Land Revenue Code along with English translation of relevant extract, marked Annexure C, the notification extending Indian Ports Act, 1908 to the Port of Kandla with effect from April 1, 1950 marked Annexure 'D' and the certificate by … claim as and by way of damages for the estate of the deceased is under the provisions of section 2 (proviso) of the Fatal Accidents Act, 1855 and compensation for the loss of dependency under provisions of

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Sep 14 1950

V.G. Row Vs. the State of Madras

Court : Chennai

Decided on : Sep-14-1950

Subject : Constitution

Acts : Criminal Law Amendment Act, 1908 - Sections 1 and 15(2); Constitution of India - Articles 14, 19(1) and 19(4); Madras Criminal Law Amendment Act, 1950

Reported in : AIR1951Mad147; (1951)IMLJ628

Clause (k); Rubber Production and Marketing Act (XXIV [24] of 1947), Section 3 (1), Clause (v); the Indian Ports Act, 1908 (xv [15] of 1908), Section 3, Clause (8) ; Madras Act XIV [14] of 1947 Section 2, Clause

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May 01 1989

Mahesh Travels and Tours and anr. Vs. Commissioner of Police and ors.

Court : Supreme Court of India

Decided on : May-01-1989

Subject : Constitution

Acts : Port of Bombay Passenger Boat Rules, 1962 - Rules 4, 6 and 7; Bombay Police Act, 1951 - Sections 67; Bombay Port Rules - Rules 4 and 19; Port Act, 1908 - Sections 6(1);

Reported in : AIR1989SC1525; JT1989(2)SC476; 1989(1)SCALE1182; 1989Supp(2)SCC303; [1989]2SCR825; 1989(2)LC188(SC)

have been framed by the Central Government in exercise of powers conferred by Section 6(1)(k) of the Indian Ports Act 1908:6(1) The Government may, in addition to any rules which it may make under any other enactment for the

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