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Nov 13 1998

Seaways Shipping Ltd. Having Its Office at Ii Floor, Rahmat Manzil, 51 ...

Court : Chennai

Decided on : Nov-13-1998

Subject : Commercial

Acts : Constitution of India -- Article 14,19(1)and 226; Major Port Trust Act, 1963 -- Sections 28, 34(1), 42(1), 42(3), 111 and 133; Madras Port Trust Act, 1905 -- Sections 123; Indian Ports Act, 1908

Reported in : 1998(3)CTC318

Senior Counsel points out that Section 133 of the Major Port Trusts Act, 1963 has repealed the Indian Ports Act, 1908 as also the Madras Port Trust Act, 1905 and, therefore, the regulations thereunder must be deemed to have … '1963 Act' or to any provision thereof, these regulations would hold the field. There is a power under Section 28 also to make the regulations. However, that Section is not relevant for the purpose of the present discussion.

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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 … and Sagbara taluka of Broach distirct.'15. The separate High Court for the State of Gujarat was established under section 28 of the Act of 1960 which also provide that High Court of Bombay shall become the High Court

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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 … authority, could not lawfully be done and [Page 3931 ibid] vide page 28 of submissions, In the popular as also in the legal sense, a … 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

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Apr 12 1920

Lakshman Gowroji Nakhwa Vs. Ramji Antone Nakhwa

Court : Mumbai

Decided on : Apr-12-1920

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 … 1916. Similar wording was used in the earlier agreement (Exh. A) of 28th June 1915, and indeed in many, if not all, of the similar

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Jun 09 2000

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

Court : Karnataka

Decided on : Jun-09-2000

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

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 … the entrustment of work had to be approved by the respondent 2. 28. The learned Counsel for the appellant had cited before me a decision … 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

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Oct 09 1991

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

Court : Kolkata

Decided on : Oct-09-1991

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 … the owner of the 'Border Terrier' (hereinafter referred to as 'the Tanker'). The said collision took place on 28th May 1972. The Thanker had arrived at Budge Budge in charge of a river pilit earlier on the

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May 02 1961

Commissioners for the Port of Calcutta and anr. Vs. Asit Ranjan Majumd ...

Court : Kolkata

Decided on : May-02-1961

Subject : Constitution

Acts : Constitution of India - Article 19 and 19(1); ;Calcutta Ports Act, 1889 - Sections 5 and 126(3); ;Dock Workers (Regulation of Employment) Act, 1948 - Section 3

Reported in : AIR1962Cal530

a citizen. The area of the Calcutta Port is defined by notification under Section 5 of the Indian Ports Act, 1908 and under Section 6 of which the Government has power to make Port Rules for various purposes mentioned … desirous of carrying on business as stevedores in the Port of Calcutta and applied on or about January 28, 1959 to the Calcutta Dock Labour Board for issue of a stevedore licence in the name of the

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Jul 27 2017

Mumbai Port Trust Vs. M/S. Shri Lakshmi Steels and Ors. Etc.

Court : Supreme Court of India

Decided on : Jul-27-2017

Subject : Land Acquisition

to the constitution and powers of any Port authority in a major port as defined in the Indian Ports Act, 1908.17. Shri Maninder Singh, learned Additional Solicitor General appearing for the Union of India submits that the High Court … in respect of the bills of entry dated 04.12.2015 and 11.12.2015 prayed that the duty be assessed under Section 18 of the Customs Act, 1962 (for short ‘1962 Act’) and the goods be released, so as to … that these consignments required 100% examination before these could be released. On 28.12.2015, another letter was written by the DRI to the Customs in which

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Mar 24 1998

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

Court : Mumbai

Decided on : Mar-24-1998

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 … abandonment of the said vessel as provided under P & I Policy as also under the statute;(v) On 28-9-1995 ONGC executed a deed of release abandoning, releasing and relinquishing its right, title and interest under the Hull

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Dec 17 2013

M/S Yazdani International P.Ltd. Vs. Auroglobal Comtrade P.Ltd.and ors ...

Court : Supreme Court of India

Decided on : Dec-17-2013

Subject : Education

is irrelevant. Paradeep Port is a major port as defined under Section 3 sub-Section (8)[1]. of the Indian Ports Act, 1908. The activities of all major ports including the Paradeep Port are regulated by various enactments such as the … Leave Petition (Civil) No.28844 of 2012) CIVIL APPEAL NOS. 11270-11271 OF2013(Arising out of Special Leave Petition (Civil) Nos. 28846-28847 of 2012) CIVIL APPEAL No.11272 OF2013(Arising out of Special Leave Petition (Civil) No.1036 of 2013) CIVIL APPEAL No.11278

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