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V.M. Salgaocar and Bros. Vs. Board of Trustees of Port of Mormugao and ...

Court : Supreme Court of India

Subject : LimitationCivil

Acts : Major Port Trust Act, 1963 - Sections 48 and 120; Mormugao Port (Shipment of Ore and Pellets from Mechanised Ore Handling Plant at berth no. 9 and related matters) Regulations, 1979; Code of Civil Procedure (CPC) - Sections 80 - Order 12, Rule 6; Constitution of India - Articles 14, 19, 19(1), 134 to 137 and 149; Limitation Act - Sections 3, 5, 4 to 24, 29 and 29(2); Bombay Port Trust Act, 1879 - Sections 64A and 87; Bombay Municipal Corporation Act - Sections 527; General Clauses Act; Arbitration and Conciliation Act, 1996 - Sections 34 and 131; Excise Act; Customs Act; Income Tax Act; Railways Act; Land Acquisition Act; Indian Ports Act, 1908

Reported in : AIR2005SC4138; 2005(5)BomCR374; JT2005(3)SC607; (2005)140PLR743; (2005)4SCC613; [2005] 3 SCR 27

guaranteed under Article 14 and 19(1)(g) of the Constitution.41. In the end Mr. Nariman submitted that the Indian Ports Act, 1908 was still applicable to various ports including Panjim Port in Goa. In the case of exporters like the … a settled legal proposition that the provision of the Special Act shall prevail over with the general Act. Section 29 of the Indian Limitation Act, 1963 relates to savings. For proper appreciation of legal position Section 29(2) of

Trustees of the Port of Madras Vs. Mettur Chemical and Industries Ltd. ...

Court : Chennai

Subject : Commercial

Acts : Madras Port Trust Act, 1905 - Sections 110; Indian Limitation Act, 1908 - Sections 15(2) and 29(2)

Reported in : AIR1967Mad102

The plaintiffs seek to get over this bar pleaded by relying on Section 15(2) of the Indian Limitation Act, 1908, which enables plaintiffs to exclude the period of any notice which has to be given in accordance with … 1. This revision has been preferred by the Trustees of the Port of Madras, defendants in a suit for the recovery of damages for … be within time. For taking the benefit of Section 15(2), the learned Counsel for the plaintiffs relies on Section 29(2) of the Indian Limitation Act. Section 29(2) provides that:Where any special or local law prescribes for any suit,

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 … Trustees of the Port of Bombay Vs. Sriyanesh Knitters AIR 1999 SC 2947 for the preposition. The Major Port Trust Act is not a complete

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.

Falcon Retreat Pvt. Ltd. and anr. Vs. Edc Ltd. and ors.

Court : Supreme Court of India

Subject : Property

Acts : State Financial Corporation Act - Sections 29; Constitution of India - Article 136

Reported in : 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 … that the Petitioner had committed defaults in payment of dues to Respondent No. 1. Action was taken under Section 29 of the State Financial Corporation Act by the aforesaid respondent. The property in question was attached and possession

Delta Engineers Vs. State of Goa and ors.

Court : Supreme Court of India

Subject : Civil

Acts : 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

Reported in : 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 … Ports, Government of Goa. The said NOC was renewed every year. On 29.8.1989, the appellant sought an amendment to NOC seeking permission to manufacture fishing … 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

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

Great Eastern Shipping Co. Ltd. and anr. Vs. Union of India and anr.

Court : Delhi

Subject : CustomsCivil

Acts : Ports Act, 1908 - Sections 3(6); Constitution of India - Article 226

Reported in : AIR1989Delhi289; 1994LC679(Delhi); 1992(58)ELT374(Del)

calling at Paradip Port have been changed from 'Net Register Tonnage (for short 'N.R.T.') as stipulated under Indian Ports Act 1908 (for short the 'Act') to 'Gross Register Tonnage (for short 'G.R.T.'). According to the petitioners, the change so … read with first schedule thereof, port dues are to be levied 'per ton' which expression is defined under Section 3(6) of the Act to mean a ton as determined or determinable by the rules for the time … under Article 226 of the Constitution challenging the notification No. 390 dated 29th September 1984 issued by the Ministry of Shipping and Transport (Port Wing)

G.C. Sharma Vs. Municipal Corporation of Delhi

Court : Delhi

Subject : Limitation

Acts : Delhi Municipal Corporation Act, 1957 - Sections 430; Limitation Act, 1908 - Schedule - Article 2

Reported in : ILR1979Delhi771b

of the act is such that it was not a continuing wrong. Secondly s. 23 of the Limitation Act, 1908, which speaks of 'continuing wrongs' has no application to Delhi Municipal Corporation Act, a special Act by virtue … to act in pursuance of the statute as are to be found in S. 142 of the Calcutta, Port Act (Be. Act Iii of 1890). The Calcutta Act of 1890 came for interpretation before the Judicial Committee … be instituted after the lapse of six months as specified in the section. It is quite clear that if the statute applies the suit is … to Delhi Municipal Corporation Act, a special Act by virtue of s. 29(2) of the Limitation Act. (30) Lastly, it was said that s. 478

Corina Cota Vs. John Joseph Noronha and anr.

Court : Mumbai

Subject : CivilProperty

Acts : Code of Civil Procedure (CPC) , 1908 - Order 21, Rules 97, 99, 101 and 115; Daman and Diu Act, 1975 - Sections 29

Reported in : 2003(1)BomCR525

Order 21 Rules 97 and 99 of the Code of Civil Procedure, 1908, seeking a declaration of nullity and staying of execution of decree passed … the respondent No. 2 herein, who is the mother of respondent No. 1, had filed an application under section 29 of the aforesaid Act for entering her name in the register of mundkars. This application was filed by … Bench judgment of our High Court in M/s. West Coast Paper Mills Ltd. v. The Trustees of the Port of Bombay & others, : 1999(2)BomCR425 , wherein this Court has clearly held that an application under Order