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New Era Shipping Ltd. and Hatimi Steels Vs. M.V.P. Express and ors.

Court : Mumbai

Subject : Civil

Acts : Admiralty Courts Act, 1840; Admiralty Courts Act, 1861 - Sections 25, 33 and 35; Brussels Arrest Convention Act, 1852; Merchant Shipping Act, 1958 - Sections 3(55); Major Port Trusts Act, 1963; Indian Ports Act, 1908 - Sections 3(7); Colonial Courts of Admiralty Act, 1890 - Sections 2(2); Supreme Court Act, 1981; Civil Jurisdiction and Judgments Act, 1982; Customs Act; General Clauses Act; Bombay High Court (Original Sides) Rules - Rules 941 and 949; Supreme Court Rules, 1965 - Rules 4(3) and 11 - Orders 7 and 75

Reported in : 2008(1)ALLMR556; 2007(6)BomCR138; (2007)109BOMLR1875

in several statutes including Admiralty Courts Act, 1861, Merchant Shipping Act, 1958, Major Port Trusts Act, 1963, Indian Ports Act, 1908, as also the Dictionary meaning cited in the judgment of this Court pronounced in the case of m.v.SAABA … to hold/arrest any property. He has invited my attention to the Admiralty Courts Act 1861 and more particularly Section 25, 33 and 35 thereof. He has also invited my attention to the Colonial Courts of Admiralty Act 1890

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 … Managing Director of M/s. Mega Ventures Lines along with letter dated January 25, 1997, addressed the then Chief Minister, Pondicherry, enclosed a draft of MOU … 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

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 … within the meaning of Section 2(oo) and was invalid for want of compliance with the provisions of Section 25-F. Consequently, the Tribunal was of the view that even if the management was correct in its submission that

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 … 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 … defendant no. 2 is also further entitled to receive Rs.1,30,000/- and Rs. 25,000/- as claimed, by way of the counter-claim. Hence, the suit was partly

Essa @ Anjum Abdul Razak Memon Vs. State of Maharashtra Tr.Stf,cbi Mum ...

Court : Supreme Court of India

Subject : Land Acquisition

Sections 9B (1)(a)(b)(c) of the Explosives Act, 1884, Sections 3, 4(a)(b), 5 and 6 of the Explosive Substances Act, 1908 and Section 4 of the Prevention of Damage to Public Property Act, 1984 and within my cognizance.” In … for commission of offences under Section 6 of TADA and also under Sections 3 and 7 read with Section 25 (1-A) and (1-B) (a) of the Arms Act, 1959. 70) Upon a conjoint reading of the entire evidence, … was framed against all the co- conspirators including the appellants. The relevant portion of the said charge is reproduced hereunder: “During the period from December,

Chowgule and Co. Ltd. Vs. Collector of Customs

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Subject : Customs

Reported in : (1995)(80)ELT680TriDel

any other vessel carrying cargo. The appellants pay dues such as pilotage charges, port dues, under the Indian Ports Act, 1908, and charges which are only payable by vessels such as berth hire and anchorage charges under the Major … amended to 33,400 DWT capacity, built in 1974) from Japan. (iii) After import, the vessel was registered under Section 34 of the Merchant Shipping Act, 1958 (part V) & a certificate of Indian Registry No. 2194, dated … of a second hand ocean going bulk cargo carrying vessel of about 25,000/30,000 DWT capacity (later amended to 33,400 DWT capacity, built in 1974) from

R. Sarangapani and anr. Vs. the Port Trust of Madras

Court : Chennai

Subject : Constitution

Acts : Madras Port Trust Act, 1905 - Sections 39, 39(1) and 95(4); Constitution of India - Articles 12, 13(3), 19(1), 19(6) and 367; General Clauses Act, 1897 - Sections 3(31); Sea Customs Act, 1878

Reported in : AIR1961Mad234; (1961)1MLJ57

Board the power to make by-laws not inconsistent with the provisions of the Act or of the Indian Ports Act, 1908, inter alia 'for the reception, porterage, storage and removal of goods brought within the premises of the Board … prescribed form. Chapter VI (Section 42 etc.) provides for imposition and recovery of rates and Other miscellaneous matters. Section 25 confers on the Board the power to make by-laws not inconsistent with the provisions of the Act or

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

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 … say from the above-mentioned lunar date (the 1st June 1916) to the 25th November 1916, i. e, until the termination of the agreement'. Later on,

i.T.C. Ltd. Vs. Board of Trustees for the Port of Calcutta

Court : Kolkata

Subject : Civil

Acts : Calcutta Port Act, 1890 - Sections 61A, 87, 110, 112, 112(1), 113, 113(1) and (2), 142;; Indian Contract Act, 1872 - Sections 3, 25, 151, 152 and 161;; Sea Customs Act, 1973 - Section 16;; Railways Act, 1890 - ; Limitation Act, 1908 - Sections 4 to 24, 29(2);; Limitation (Amendment) Act, 1963 - Section 15(2)

Reported in : AIR1990Cal129,1991(34)ECC40,1992(61)ELT607(Cal)

had to consider the question of the limitation under the old Limitation Act. S. 29(2) of the Limitation Act, 1908 provided that nothing in that Act shall affect S. 25 of the Contract Act, 1872. Sub-rule (2) of … (as she then was). The l.T.C. Ltd. filed a suit against the Board of the Trustees for the Port of Calcutta being suit No. 930 of 1967 under the following facts and circumstances :--2. On 9th Sept., … by the law of limitation. While considering the question of limitation, the section which calls for construction of the Calcutta Port Act are :-- S.