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Oil and Natural Gas Corporation Ltd. Vs. Osprey Underwriting Agencies ...

Court : Mumbai

Subject : Civil

Acts : Indian Ports Act, 1908 - Sections 12 and 14; Code of Civil Procedure (CPC), 1908 - Order 39, Rule 1, 2 and 12; Oil and Natural Gas Commission Act, 1959; Companies Act, 1956; Marine Insurance Act, 1906

Reported in : 1998(3)ALLMR713; 1998(5)BomCR344; (1998)2BOMLR179

out that they i.e. Port Trust would be forced to take appropriate action under the provisions of Indian Ports Act, 1908, in particular under section 14 of the said Act.(xi) On 29-3-1996 Allied Marine terminated their wreck removal contract … filed in this Court by lodging the plaint on 25-4-1996 and on the very next day i.e. on 26-4-1996 before the same could be numbered, the said suit has been disposed off by passing a decree on

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 … plaintiff and consequently to pay Rs.13,00,000/- towards the bill no. 7/B/MS/89 dated 26/12/1989 and further to pay to the plaintiff a sum of Rs. 26,30,174.88

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 … per common understanding. According to the Law Lexicon [Page 627] vide page 26 of these submissions authorised means permitted or directed. As per the Cambridge … 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

Assistant Commissioner Of Income Tax (exemptions) Vs. Ahmedabad Urban ...

Court : Supreme Court of India

Subject : Land Acquisition

may by the said name sue and be sued.” 66 Section 20 of the GMB Act 39 minor ports in the State of Gujarat, and for all matters connected therewith. The Board’s powers under the GMB Act … • Section 43 - No duty under the Karnataka Stamp Act, 1957, or fees under the Indian Registration Act, 1908. 51 (2011) 6 SCC71434 be regarded as trade or business. Reliance was placed upon State of Karnataka v. … on behalf of the revenue.......................................................................................................... 22 B. Arguments of the assessee-organizations ................................................................................................. 26 C. Revenue’s rebuttal arguments................................................................................................................... 54 III. Analysis and reasoning ............................................................................................................................... 55 A.

Francesco Corsi Vs. Gorakhram Gokalchand

Court : Mumbai

Subject : Arbitration

Acts : Arbitration (Protocol and Convention) Act, 1937 - Sections 2, 4, 4(1), 5, 6 and 7; Limitation Act, 1908 - Schedule - Article 178; Aribtration Act, 1940 - Sections 14

Reported in : (1959)61BOMLR1195

been filed on 13-10-1955. It is urged that Art, 178 in the First Scheduled to the Indian Limitation Act, 1908, governs the filing of the petition and that the period of limitation being 90 days, the petition is … of the respondents is the one reported in Bajrand Electric Steel Co. Private Ltd. v. Commissioners for the Port of Calcutta, (S) : AIR1957Cal240 . In that case a suit was filed aainst four different defendants of … award within the meaning of the arbitration (Protocol and Convention) Act, 1937. Section 2 of that Act, which defines a foreign award, runs as rollows:'In … the petitioner has filed the application has any force in India after 26-1-1950. (2) If the answer to issue No. 1 is in the negative,

Kotch Vs. Board of River Port Pilot Comm'rs

Court : US Supreme Court

Subject : Land Acquisition

Mississippi through the so-called "passes." La.Acts 1880, No. 99, § 2, La.Acts 1908, No. 55, § 1; La.Acts 1910, No. 26, § 1, 6 La.Gen. … of the Court. Louisiana statutes provide in general that all seagoing vessels moving between New Orleans and foreign ports must be navigated through the Mississippi River approaches to the port of New Orleans and within it, exclusively … Appellants here sought appointment as river port pilots. [ Footnote 2 ] Sections 2 and 3 of the Act of 1908 provided for the appointment … application of a precise formula. This Court has never attempted that impossible task. A law which affects the activities of some groups differently from the way in which it affects the activities of other groups is not

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 … purported to terminate this tenancy by the notice to quit of the 26th April 1918 (Exh. C) expiring about the end of May 1918. The

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 … Inefficiency - Memo dated September 2, 1980.7) Defrauding Company by claiming excess delivery charges - Memo dated November 26, 1980.8) Gross dereliction in duties & flouting; instructions and replying show cause notice for over 2 months -

The Board of Trustees of the Port of Calcutta Vs. the Lowland Tanker C ...

Court : Kolkata

Subject : Trusts and SocietiesCommercial

Acts : Major Port Trust Act;; Indian Ports Act, 1908 - Sections 31 and 31(2);; Calcutta Port Rules - Rules 5 and 45;; The Marchant Shipping Act, 1958 - Sections 352 and 352B;; The Marchant Shipping (Amendment) Act, 1970;; International Collision Rules - Rules 22, 23, 24, 25 and 28

Reported in : (1999)2CALLT364(HC)

however, been contended on behalf of the appellant that under sub-section (2) of section 31 of the Indian Ports Act, 1908, the negligence of a pilot or Harbour Master or Assistant Harbour Master placed on board a vessel under … two decisions, British Confidence reported in 1951(2) Lloyd's Reports 615 and the Mode reported in 1954(2) Lloyd's Reports 26. In both the cases, collision took place in the night. In the British Confidence principle enunciated is thatlook

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 … by a forced sale. See The Bold Buccleaugh (1851) 7 Moo. PC 267. In addition to maritime liens, a ship is liable to be arrested