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G.C. Nagaraju Vs. the Executive Engineer, P.W.D., Mysore Division, Mys ...

Court : Karnataka

Subject : ContractLimitation

Acts : Limitation Act, 1963 - Sections 3- Schedule - Articles 18 and 55; Code of Civil Procedure (CPC), 1908 - Sections 80, Order 41, Rule 27; Madras Port Trust Act - Sections 110; Constitution of India - Article 136, 141; Limitation (Amendment) Act, 1908 - Schedule - Article 115, 120; Contract Act, 1872 - Sections 73

Reported in : ILR2000KAR5033; 2001(1)KarLJ71

Article 115 of the Limitation Act, 1908. In paras 18, 22 and 23 thereof, the Court held as follows: '(C) Limitation Act (1908), Articles 115 … v Sirajuddin) in similar set of circumstances held that word 'compensation' used in Article 115 of the Limitation Act, 1908 has the same meaning as it has under Section 73 of the Contract Act and that, where the … defeat just claim of citizen came to be deprecated by the Supreme Court in a decision in Madras Port Trust v Hymanshu International by its Proprietor V. Venkatadri (dead) by L.Rs. 15. While taking me through the

Deputy Commissioner of Vs. Abg Heavy Industries Ltd.

Court : Income Tax Appellate Tribunal ITAT Mumbai

Subject : Land Acquisition

801A. The assessee supported its submission by referring to the definition of "port" as given in the Indian Ports Act, 1908 according to which a "port" would include any part of the river or channel in which the said … has erred in: 1. directing the Assessing Officer to deduct a sum of Rs. 13,15,01,864/- being deduction Under Section 80IA by holding that the assessee has carried on the business of developing, maintaining and operating any infrastructure … the cranes/equipments. Ld. CIT(A) has also relied upon Circular no. 793 dated 23.06.2000 issued by the Central Boardof Direct Taxes in which it has been

Dy. Cit Vs. Abg Heavy Industries Ltd.

Court : Income Tax Appellate Tribunal ITAT Mumbai

Subject : Land Acquisition

Reported in : (2008)303ITR328(Mum.)

80-1A. The assessee supported its submission by referring to the definition of "port" as given in the Indian Ports Act, 1908 according to which a "port" would include any part of the river or channel in which the said … has erred in: 1. directing the assessing officer to deduct a sum of Rs. 13,15,01,864 being deduction under Section 80-IA by holding that the assessee has carried on the business of developing, maintaining and operating any infrastructure … port. The assessing officer has summarized his findings in paragraph 22 (pp. 23-24) of the assessment order, which for the sake of brevity, are not

Bay Shipping Company Pvt. Ltd., Visakhapatnam Vs. Board of Trustees, V ...

Court : Andhra Pradesh

Subject : ConstitutionCommercial

Acts : Constitution of India - Article 226; Merchant Shipping Act, 1953 - Sections 426; Major Port Trust Act, 1963 - Sections 64, 120 and 123; Code of Civil Procedure (CPC), 1908 - Order 23, Rule 1

Reported in : 1999(2)ALD198; 1999(2)ALT341

suit was pending. Hence, petitioner filed IA No.559 of 1996 under Order 23 Rule 1(iii)(b) of CPC for permission to withdraw the suit with permission … the third respondent M/s. T.S. Enterprises, Visakhapatnam and with a consequential direction to the 1st respondent i.e., Visakhapatnam Port Trust to redeliver the said vessels to the petitioner, after setting aside the auction sale dated 9-2-1996.2. In … ORDER1. The petitioner has filed this writ petition questioning the action of the respondents in auctioning and selling of his two fishing trawlers M.F.T. 'Sea Fox' and MFT 'Marine … of Merchant Shipping Act, 1953. Therefore, the sale being in contravention of Section 426 of Merchant Shipping Act, is illegal and void. Moreover, the so

Dr. Kumari Shantha Arogyadoss (Deceased) and ors. Vs. Tmt. G.C. Kamala ...

Court : Chennai

Subject : PropertyCivil

Reported in : (1999)3MLJ577

purports to have been executed shall be the date of execution. That explanation has been omitted under the Act 1908. Under Act, 1971. the explanation read thus,The date of execution of document means the date on which it … be registered only on 14.7.1954, that means after six years and consequently, it violates the mandatory provisions of Section 23 of Indian Registration Act.4. It is also alleged that on the basis of Ex.B-1, defendants are not getting … defendant's mother through her husband who was then an officer in Madras Port Trust. At the time when the amount was paid, it was agreed

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 … the Director (Ports), Port Department, Government of Pondicherry vide letter dated March 23, 1989 informed the Development Commissioner, Government of Pondicherry that creation of such … 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

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 … means any person whose name is, for the time being, entered in the register of architects maintained under section 23 of the Architects Act,1972 (20 of 1972) and also includes any commercial concern engaged in any manner, whether

State of Gujarat and ors. Vs. the Board of Trustees of Port of Kandla ...

Court : Gujarat

Subject : ConstitutionOther Taxation

Reported in : (1979)1GLR732

Government in exercise of powers conferred by Clause (a) of Sub-section (1) of Section 4 of the Indian Ports Act, 1908 (1908 Act) extended the provisions of the said Act to the Port of Kandla with effect from 1st … made subject to the sanction of the Central Government. Section 27 further provides that notwithstanding anything contained in Section 23, no post other than a post referred to in Clause (c) of Section 24(1) shall be created except

Sylvester and Co. Vs. their workman thro' Transport and Dock Workers' ...

Court : Mumbai

Subject : Labour and Industrial

Acts : Industrial Disputes Act, 1947 - Sections 2, 10, 25F and 33; Indian Ports Act, 1908 - Sections 3; Mines Act, 1952; Employees State Insurance Act, 1948; Maharashtra Mathadi Hamal and other Manual Workers (Regulation of Employment and Welfare) Act, 1969; Dock Workers Act, 1948; Constitution of India - Article 226; Air India Employees' Service Regulations - Regulation 48

Reported in : 2008(3)BomCR395; (2008)ILLJ546Bom

Section 2 to mean a major port as defined in Clause 8 of Section 3 of the Indian Ports Act, 1908. The expression 'major port' is defined by the Indian Ports Act, 1908 to mean any port which the … You have applied vide your application dated May 24, 1986 for 8 days leave for the period May 23,1986 to May 30, 1986. Although your said leave application is dated May 24,1986, it was received in this

Trustees of the Port of Madras Vs. Home Insurance Co. Ltd.

Court : Chennai

Subject : ContractLimitation

Acts : Madras Port Trust Act, 1905 - Sections 6, 39, 39(1), 40, 41, 41A, 104, 110 and 111; Evidence Act, 1872 - Sections 102; Contract Act, 1872 - Sections 151, 152 and 161; Madras General Clauses Act, 1891 - Sections 3(2) and 3(22); General Clauses Act, 1897 - Sections 3(42); Marine Insurance Act, 1963 - Sections 79; Transfer of Property Act, 1882 - Sections 92, 130A and 135A; Limitation Act, 1908 - Schedule - Article 120

Reported in : AIR1970Mad48

for short delivery of goods landed in Singapore Harbour by the Singapore Harbour Board which under the Singapore Ports Ordinance was authorised to carry on the business of wharfingers and warehousemen and was carrying on for the … did not at all include suits by the insurer-subrogee within its scope. Article 120 of the Indian Limitation Act, 1908, the residual article, would apply, and these suits would be perfectly within time.6. But, on deeper scrutiny, I … of 1957 (Mad) (the subject of appeal in O. S. A. No. 23 of 1961) and Rs. 3,339-1-0 in respect of the 50 bales in … equity doctrine of subrogation to Marine Insurance. It was originally expressed in Sections 130-A and 135-A of the Transfer of Property Act, and this concept