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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

In exercise of the powers conferred under Section 6 read with Sections 33, 35, 46 and 47 of the Indian Ports Act, 1908, the Lieutenant … (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 … 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

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 … prescribed port dues either on the net registered tonnage or gross registered tonnage of the ship. Further, under Section 33(1) of the Act, the Government is also competent to increase the port dues up to the extent specified

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 … Labour Court held that the dismissal was not a discharge simpliciter, but in breach of the provisions of Section 33 of the Industrial Disputes Act, 1947. The judgment of the Supreme Court recorded that before the Labour Court

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

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

Jayantilal Dharamsi and ors. Vs. Board of Trustees of Port of Bombay

Court : Mumbai

Subject : TenancyConstitution

Acts : Major Port Trusts Act, 1963 - Sections 33, 34, 49 and 52; Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 - Sections 4(1); Constitution of India - Articles 14 and 19

Reported in : 1991(2)BomCR283; (1990)92BOMLR596

upon the declaration about the limits of the Port of Bombay issued under section 5 of the Indian Ports Act, 1908. Now so far as this notification dated 28th October, 1972 issued by the Government of India in the … BPT as an instrumentality of the State?10. The first question has to be considered in the background of section 33, 34, 49 and 52 of the MPT Act. These are given below with the headings of the Chapters

Jamshed Hormusji Wadia Vs. Board of Trustees, Port of Mumbai and anr.

Court : Supreme Court of India

Subject : Property

Acts : Major Port Trust Act, 1963; Constitution of India - Articles 12, 14, 136, 142, 226 and 254; The Bombay Port Trust Act, 1873; The Bombay Port Trust Act, 1879; Code of Civil Procedure (CPC) , 1908 - Sections 381 and 381(1) - Order 1, Rule 8 - Order 41, Rules 22 and 33; Maharashtra Rent Control Act, 1999; Uttar Pradesh Municipal Corporations Adhiniyam, 1959; Land Acquisition Act, 1349; Evidence Act, 1872

Reported in : AIR2004SC1815; 2004(176)ELT24(SC); JT2004(1)SC232; 2004(1)SCALE341; (2004)3SCC214

Mumbai, continues to be the commercial capital of the country. In spite of the development of several other ports having taken place along the coasts of India, some of them being of recent origin, the Bombay port … contemplated by Order 41 Rule 22 of the Code of Civil Procedure, 1908, is at all maintainable in a civil appeal by special leave under … 8657/02).2. The Bombay Port Trust (hereinafter 'BPT', for short), presently constituted and governed by the Major Port Trust Act, 1963, and now known as The Board of Trustees of the Port of Mumbai, is an 'authority' within … Due to the availability or continuously growing modern infrastructure at Mumbai large sections of the population from throughout the country continue to migrate to Mumbai, … of Estate department of the BPT is around 336 hectares. Out of these, 306 hectares of area

State of Gujarat and ors. Vs. the Board of Trustees of Port of Kandla ...

Court : Gujarat

Subject : ConstitutionOther Taxation

Reported in : (1979)1GLR732

Government in exercise of powers conferred by Clause (a) of Sub-section (1) of Section 4 of the Indian Ports Act, 1908 (1908 Act) extended the provisions of the said Act to the Port of Kandla with effect from 1st … the charges incurred by the Government in connection with the proceedings, the land shall vest in the Board. Section 33 empowers the Board, subject to the provisions of Section 34, to enter into and perform any contract necessary

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

Court : Chennai

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 … Jawahar Docks in Chennai Port. These six berths are for handling deep drafted vessels with a draft of 33 feet and a beam of 105 feet. In short, bigger vessels which carry large quantities of cargo can

B. Mohindeen Hajee Sons Vs. the Chairman, Mangalore Port Trust Board a ...

Court : Karnataka

Subject : Commercial

Acts : Merchants Shipping Act, 1958; Mangalore Port Trust Act, 1953 - Sections 101(8); Madras Port Trust Act, 1905 - Sections 39 and 96; Madras Minor Ports Harbour Craft Rules, 1953 - Rule 4; Constitution of India - Articles 14 and 19(1)

Reported in : AIR1966Kant330; AIR1966Mys330; (1965)1MysLJ6

The petitioner also applied for a Harbour Craft License in respect of the Tug MUBARAK under the Indian Ports Act, 1908 read with the Harbour Craft Rules framed thereunder. The Port Authorities under Ex. A-4 stated that the application … port......'Though, the above observations were made in the context of interpreting S. 33 of the Harbours, Docks and Piers Clauses Act 1847, they are useful … the Madras Port Trust Act (2 of 1905) referred to in : AIR1961Mad234 correspond to the provisions of Section 40 and S. 101 of the Mangalore Port Trust Act. In the other case relied upon by respondents,