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Villianur Iyarkkai Padukappu Maiyam Vs. Union of India (Uoi) and ors.
Supreme Court of India
May-14-2009
CivilCommercial
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
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
Tag this Judgment! AI Brief & AskM/S. Shreeji Shipping Vs. C.C.E. and S.T. Rajkot
Customs Excise and Service Tax Appellate Tribunal CESTAT Ahmedabad
Apr-09-2014
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
Tag this Judgment! AI Brief & AskDelta Engineers Vs. State of Goa and ors.
Supreme Court of India
Apr-22-2009
Civil
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
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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Research Foundation for Science Vs. Union of India (Uoi) and anr.
Supreme Court of India
Sep-06-2007
Environment
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
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
Tag this Judgment! AI Brief & AskHusseIn Abdul Rehman and Co. Vs. Lakhmichand Khetsey
Mumbai
Aug-01-1924
PropertyCivil
(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.
Tag this Judgment! AI Brief & AskBihar State Financial Corpn. and ors. Vs. Chemicot India Pvt. Ltd. and ...
Supreme Court of India
Aug-24-2006
Company
State Financial Corporation Act, 1951; Income Tax Act, 1961 - Sections 230(A); ;Constitution of India - Article 136
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
Tag this Judgment! AI Brief & AskFalcon Retreat Pvt. Ltd. and anr. Vs. Edc Ltd. and ors.
Supreme Court of India
Aug-24-2006
Property
State Financial Corporation Act - Sections 29; Constitution of India - Article 136
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
Tag this Judgment! AI Brief & AskMr. Allan S.F. Falerio Vs. State of Goa Through the Chief Secretary, S ...
Mumbai
Nov-27-2009
CivilRight to information
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
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
Tag this Judgment! AI Brief & AskMr. Kamla Kant Dube and Another Vs. M.V. Umang and Others
Mumbai
Dec-02-1999
Commercial
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)
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
Tag this Judgment! AI Brief & AskShanthi Alloys Pvt. Ltd., Rep. by Its Authorized Signatory, Mr. P. Rav ...
Chennai
May-25-2004
Customs
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
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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