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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 … port and in which this Act is not in force;(b) specially extend the provisions of Section 31 or Section 32 to any port to which they have not been so extended;(c) withdraw this Act or Section 31 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 … in terms of a license granted to them cannot be considered as an authorization issued to them under Section 32(3) of the Gujarat Maritime Board Act, 1981. It is his submission that the revenues point that Section 32

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

Court : Supreme Court of India

Subject : Land Acquisition

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 … • 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. … Development Act, 1962 (referred to as “GIDA”) 28 regulations framed under the GIDA, its constituting enactment, further to Section 32(2). As far as GHB is concerned, learned counsel submitted that like the other statutory corporations it was also

Mr. Kamla Kant Dube and Another Vs. M.V. Umang and Others

Court : Mumbai

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 … affidavit in reply set up the plea inter alia that under Clause 32 of Letters Patent, the Bombay High Court in admiralty jurisdiction can order … claim as and by way of damages for the estate of the deceased is under the provisions of section 2 (proviso) of the Fatal Accidents Act, 1855 and compensation for the loss of dependency under provisions of

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

Court : Supreme Court of India

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 … before the Excise Authorities. On 14.12.2015 search was carried out in the 32 business premises of one of the importers namely M/s Inder International and … 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

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 … the proposed interveners have failed to show valid title over the vessel. 32. The authorities relied upon by the proposed interveners in support of their … 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

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 … dated 30th December, 1991 on the ground that the same was not maintainable for want of notice under Section 120 of the Major Port Trust Act, 1963 (hereinafter referred to as 'the Act') and that the suit

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

Corporation of Calcutta Vs. Director of Rationing and Distribution

Court : Kolkata

Subject : Criminal

Acts : Calcutta Municipal Act, 1923 - Section 386 and 386(1); ;Bengal General Clauses Act, 1899 - Section 3(32); ;Constitution of India - Article 300; ;Government of India Act, 1935; ;Abolition of Privy Council Jurisdiction Act, 1949 - Section 8; ;Code of Civil Procedure (CPC) , 1908

Reported in : AIR1955Cal282,1955CriLJ792

the proviso to Section 20 goods belonging to Government were expressly exempted.Section 1(4) of the now repealed Indian Ports Act of 1889 exempted-from the operation of the. Act vessels belonging to or in the service of Her Majesty … belonging to or in the service of Her Majesty or the Government of India. Section 2(l) Indian Port Act, 1908, gave the same exemption to all vessels belonging to or in the service of His Majesty which in … have been liable to in respect of debts and liabilities lawfully contracted 'and incurred by the said Company. Section 32, Government of India Act, 1915/19, Section 176, Government of India Act, 1935, and Art. 300 of the Constitution

Tamil Nadu Water Supply and Drainage Board and anr. Vs. V.N.V. Constru ...

Court : Chennai

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 8(2), 14(2), 17, 20, 28, 30, 31, 33, 37 and 37(3); Tamil Nadu Water Supply and Drainage Board Act, 1970 - Sections 17 and 56; Limitation Act, 1908; Limitation Act (Amendment), 1963 - Sections 18; O.S. Rules - Order 43 Rules 1, 2, 6 and 7

Reported in : 2008(4)ARBLR604(Madras)

(3) of Section 37 of the 1940 Act, for the purposes of Section 37 and of Indian Limitation Act, 1908, 'an arbitration shall be deemed to be commenced when one party to the arbitration agreement serves on the … made within the stipulated contractual period of 24 months. As per Clause 32, upon the certificate issued by the Executive Engineer on completion of the … claim statement filed on 26.07.1999. Hence, applying the decision in Panchu Gopal Bose v. Board of Trustees for Port of Calcutta : [1993]3SCR361 , there could be no valid award in respect of a time barred claim.