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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 … Build Operate and Transfer (`BOT' for short) basis, (2) approval dated January 21, 2006 accorded by the Lt. Governor of Pondicherry to the detailed project … 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

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Apr 09 2014

M/S. Shreeji Shipping Vs. C.C.E. and S.T. Rajkot

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Ahmedabad

Decided on : Apr-09-2014

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 … in the case of Onkarlal Nandlal vs. State of Rajsathan [1986 AIR 2146], there was no need to refer to any other provision of the

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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 … Rules came into force (on 15.4.1984), under Rule 64 read with Entry 21 (4)(A-iv) in the First Schedule of the said Rules; that the term … 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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Sep 06 2007

Research Foundation for Science Vs. Union of India (Uoi) and anr.

Court : Supreme Court of India

Decided on : Sep-06-2007

Subject : Environment

Acts : HW Rules, 2003 - Rule 5; Gujarat Maritime Board (Prevention of Fire and Accidents for Safety and Welfare of Workers and Protection of Environment during Ship breaking Activities) Regulations, 2000

Reported in : AIR2007SC3118; JT2007(10)SC635; 2007(10)SCALE594; (2007)8SCC583; 2007(2)LC1080(SC)

comes into play, the recommendations shall be operative by virtue of this order - Petition disposed of - PORTS ACT, 1908[C.A. No. 15/1908] Sections 21 & 27; [Dr. Arijit Pasayat & S.H. Kapadia, JJ] Ship Breaking Stability and … recommendations Recommendations to remain operative until concerned statutes are amended Until Code comes into play, recommendations made operative. Section 21; Ship Breaking Permission was granted after report of an expert committee. - For that purpose, it is necessary

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Aug 01 1924

HusseIn Abdul Rehman and Co. Vs. Lakhmichand Khetsey

Court : Mumbai

Decided on : Aug-01-1924

Subject : PropertyCivil

Reported in : (1924)26BOMLR934; 84Ind.Cas.416

the land, the property leased is sufficiently described for the purposes of Section 21 of the Indian Registration Act 1908. - - The document also is endorsed by the Sub-Registrar on both occasions that 'Registration is refused' as … A). It purports to have been executed by Hussein Abdul Rehman & Co. to Lakhmichand Khetsey, The material portion of that document is in these terms:--We have taken from you on rent a godown bearing No. three.

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Aug 24 2006

Bihar State Financial Corpn. and ors. Vs. Chemicot India Pvt. Ltd. and ...

Court : Supreme Court of India

Decided on : Aug-24-2006

Subject : Company

Acts : State Financial Corporation Act, 1951; Income Tax Act, 1961 - Sections 230(A); ;Constitution of India - Article 136

Reported in : 2006(4)AWC3636(SC); IV(2006)BC132; [2006]133CompCas338(SC); [2006(4)JCR126(SC)]; 2006(8)SCALE525; (2006)7SCC293

to viability of revival of entire unit - Impugned judgment could not be sustained - Appeal allowed - PORTS ACT, 1908[C.A. No. 15/1908] Sections 21 & 27; [Dr. Arijit Pasayat & S.H. Kapadia, JJ] Ship Breaking Stability and … recommendations Recommendations to remain operative until concerned statutes are amended Until Code comes into play, recommendations made operative. Section 21; Ship Breaking Permission was granted after report of an expert committee. - Allegedly, the Managing director of the

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Aug 24 2006

Falcon Retreat Pvt. Ltd. and anr. Vs. Edc Ltd. and ors.

Court : Supreme Court of India

Decided on : Aug-24-2006

Subject : Property

Acts : State Financial Corporation Act - Sections 29; Constitution of India - Article 136

Reported in : 2006(4)AWC4033(SC); [2006]133CompCas288(SC); 2006(8)SCALE458; [2007]80SCL151(SC)

it was entitled to take a decision which was in its interest - Special leave petition dismissed - PORTS ACT, 1908[C.A. No. 15/1908] Sections 21 & 27; [Dr. Arijit Pasayat & S.H. Kapadia, JJ] Ship Breaking Stability and … recommendations Recommendations to remain operative until concerned statutes are amended Until Code comes into play, recommendations made operative. Section 21; Ship Breaking Permission was granted after report of an expert committee. - We are satisfied that this is

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Nov 27 2009

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

Court : Mumbai

Decided on : Nov-27-2009

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

Writ Petition has been filed, seeking 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 the recommendations of the Goa Public … 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 … Government of Goa, upon the recommendations of the Goa Public Commission w.e.f. 21-11-1991, and, with a prayer which reads as follows:It is, therefore, prayed that

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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 … Marine Engineers (India) and others v. M.V. Innovative-1, decided on 4-12-1995.18. Article 214 of Constitution of India provides that there shall be a High Court

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May 25 2004

Shanthi Alloys Pvt. Ltd., Rep. by Its Authorized Signatory, Mr. P. Rav ...

Court : Chennai

Decided on : May-25-2004

Subject : Customs

Acts : Customs Act, 1962 - Sections 17, 24, 53, 54, 54(1), 54(2), 54(3), 55, 110, 110(2), and 111; ;Indian Ports Act, 1908; Import Manifest (Vessels) Regulations, 1971; Goods Imported (Conditions of Transhipment) Regulations, 1995 - Regulations 3 to 6

Reported in : 2004(176)ELT87(Mad); (2004)4MLJ46

report, as the case may be, as for transhipment-(a) to any major port as defined in the Indian Ports Act, 1908 (15 of 1908) or the customs airport at Mumbai, Calcutta, Delhi or Chennai, or any other customs port … imported 46 containers, and insofar as 39 containers are concerned the Customs Duty was assessed at Rs.11,85,174/- under Section 17 of the Customs Act and for other 7 containers the customs duty is still to be assessed.

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