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Mr. Allan S.F. Falerio Vs. State of Goa Through the Chief Secretary, S ...

Court : Mumbai

Subject : CivilRight to information

Acts : Right of Information Act; Indian Port Act, 1908 - Sections 30; Inland Vessels Act - Sections 20(4); Merchant Shipping Act, 1958 - Sections 75, 76 and 78; Code of Civil Procedure (CPC) - Sections 80; STCW Code - Sections A-1/11; Merchant Shipping (Standards of Training, Certification and Watchkeeping for Seafarers) Rules, 1998 - Rule 10 and 10(2); Recruitment Rules, 1973; Merchant Shipping (Medical Examination) Rules, 1986

Reported in : 2010(112)BomLR7

a writ of Quo Warranto against Respondent No. 2, the Captain of Ports, who has been appointed by Respondent No. 1, Government of Goa, upon … has stated that the Petitioner had applied for grant of N.O.C./permission under Section 30 of the Indian Port Act, 1908 for setting up a SSI Unit for steel fabrication/repair of vessels at the bank of river Zuari at … Respondent No. 2 was also not qualified to be appointed as a Surveyor in terms of Sub-section(4) of Section 20 of the Inland Vessels Act, 1917, as was done by Notification dated 14-6-1996(at page 59 of the paper

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

Court : Supreme Court of India

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 … leave petitions.2. Appeal arising from Special Leave Petition (C) No. 9988 of 2007 is directed against judgment dated August 10, 2006, rendered by the Division

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

are concerned in this case is being rendered in a minor port to which the provisions of Indian Ports Act, 1908 and Gujarat Maritime Board Act, 1981 are applicable is also a distinction which is untenable as grant of … services and are liable to pay 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 appellant after taking us through … (8) STR 236 (T.)] as has been affirmed by Apex Court in 2009 (13) STR J31 (SC). It is his submission that such a proposition

Lakshman Gowroji Nakhwa Vs. Ramji Antone Nakhwa

Court : Mumbai

Subject : PropertyCivil

Reported in : AIR1921Bom93; (1921)23BOMLR939

as to removing obstructions and paying compensation will be found in Sections 10 and 12 of the Indian Ports Act, 1908, which was amended by Act VI of 1916, but I do not think I need pursue that.64. Then … to the earth.'57. He next relies on the definition of easement in the Indian Limitation Act IX of 1908. Section 2(5) says: -Easement' includes a right not arising from contract, by which one person is entitled to remove … it was said that there was a mutual mistake of fact and therefore the agreement was void under Section 20 of the Indian Contract Act. Mutual mistake is not, I think, pleaded, bat even if it was; I

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

Court : Mumbai

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 … the Recorder's Court at Bombay which was established by a Charter dated 20th February, 1798. The Recorders' Court, however, was substituted by the Supreme Court

M/S. United India Insurance Company Ltd. and Another Vs. Kishore L. To ...

Court : Mumbai Goa

Subject : Miscellaneous

the port area and that there was navigational hazard. It is submitted that Chapter III of the Indian Ports Act, 1908 (the Act, for short) deals with the appointment of the Conservator and his powers. He submitted that in … do the work and recover from the plaintiff all the costs plus 20% of the total expenditure. After calling for quotations, the plaintiff entrusted the … for short) deals with the appointment of the Conservator and his powers. He submitted that in terms of Section 10 of the said Act the Conservator can cause obstruction to be removed within the limits of port

The Trustees of the Port of Bombay Vs. Jayantilal L. Gandhi

Court : Mumbai

Subject : CustomsLimitation

Acts : Bombay Port Trust Act, 1879 - Sections 61-A(2), 64, 64-A, 67, 67-A and 85; Limitation Act, 1963 - Sections 30 - Schedule - Article 113; Limitation Act, 1908 - Schedule - Article 120

Reported in : AIR1979Bom12; (1978)80BOMLR393; 1979MhLJ411

limitation.8. Mr. Daji, on the other hand, on behalf of the appellants, submitted that as under the Limitation Act, 1908, under Article 120 thereof, the limitation prescribes for such suits was six years, having regard to the provisions … this suit for recovery of the sum of Rs. 33,082.86 on March 20, 1968, restricting their claim in suit in respect of the amount claimable … on one point, viz, the bar of limitation.2. It is the case of the appellants Trustees of the Port of Bombay that the consignment of 629 coil wire shorts arrived at Bombay by s. s. 'Indian Reliance' … within seven day a from the date of landing, as provided under Section 61-A (2) of the Bombay Port Trust Act, 1879 (hereinafter referred to

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

Court : Kolkata

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 … : AIR1982Ori158 and also an unreported Judgment of this court:5. The Ministry of Surface Transport (Port wing) on 20th October 1987, set up a Committee which included senior officials of both the plaintiff and the defendant who

Nav Bharat Corporation Vs. Madhya Pradesh Electricity Board

Court : Madhya Pradesh

Subject : Trusts and Societies

Acts : Major Port Trust Act, 1963 - Sections 61 and 62; Indian Electricity Supply Act, 1948 - Sections 5 and 12; Limitation Act, 1963 - Schedule - Article 55; Contract Act, 1872 - Sections 73, 191 and 192; Code of Civil Procedure (CPC) , 1908 - Sections 20 - Order 6, Rule 14

Reported in : 2006(2)MPHT72; 2006(2)MPLJ306

plaintiff/respondent. It is also admitted that the appellant was to unload the goods at Port Bombay and other ports like Kandla, Calcutta, Madras and Cochin also.3. The case of the plaintiff in substance is as under :As … the plaintiff. The defendant has further alleged that in violation of Sections 61-62 of the Major Port Trust Act the authorities without intimating to the defendant or/and the plaintiff sold few bundles by way of auction. Hence, … signature Civil - Jurisdiction - Section 20(c) of Code of Civil Procedure, 1908(CPC) - Whether present court has jurisdiction to deal with matter? - Held,

Ahmedabad Municipality Vs. Government of Bombay

Court : Mumbai

Subject : Civil

Reported in : AIR1946Bom159; (1945)47BOMLR867

grounds, namely that the suit was time-barred under Article 14 to the first schedule of the Indian Limitation Act, 1908, and that it was unlawful for the Municipality to invest the amount of the Provident Fund in its … Trusts Act, 1882, which applied only to securities issued by the Municipalities, Port Trusts, or Improvement Trusts of the Presidency Towns and of Rangoon and … be invested by the Municipality in its own debentures as they were not securities within the meaning of Section 20(d) of the Indian Trusts Act, 1882. The President of the Municipality was therefore, requested to take steps to