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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 … where the provisions of Section 5 are expressly excluded or curtailed. Under the Arbitration and Conciliation Act, 1996, Section 34 prescribes time limit within which an application for setting aside of an award must be made and although

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Senior Counsel points out that Section 133 of the Major Port Trusts Act, 1963 has repealed the Indian Ports Act, 1908 as also the Madras Port Trust Act, 1905 and, therefore, the regulations thereunder must be deemed to have … lease out the property including land, existing berths, superstructure, equipments, etc., was in keeping with the provisions of Section 34(1) and Section 42(3) of the 1963 Act which is the governing enactment. Section 34 provides the modalities of

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 … to be levied on N.R.T. and not on G.R.T. The Government is empowered to change the rates per Section 34 of the Act. (3) In the counter filed on behalf of the respondent No. 2. Paradip Port Trust,

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 … passengers. The term `landing place' is used in this sense in Rules 34, 38, 40, 41, 42, 54 and 55 of the Port Rules. But … 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

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 … - 2008 (12) STR 561, 3). S.S. Maritime - 2010 (17) STR 346. It is his submission that in all the above said decisions, it

Pacific BasIn Handymax (Uk) Ltd. Vs. Ashapura Minechem Ltd.

Court : Mumbai

Subject : Arbitration

agreed to load minimum of 6 shipments annually of 45,000 MTS to 50,000 MTS of Bauxite from various ports in Gujarat to be carried on board the petitioner's vessels for discharging at various ports in China. Clause … direction under Order 39 rule 11 of the Code of Civil Procedure, 1908 striking off the respondent's defence in Arbitration Petition No.24 of 2010 and … denying its liability and informing the petitioners that the respondents had filed Misc. Application (111 of 2009) under section 34 of the Arbitration Act, 1996 before the District Court at Jamkhambalia, Gujarat impugning the said arbitration award passed

Dy. Cit Vs. Abg Heavy Industries Ltd.

Court : Income Tax Appellate Tribunal ITAT Mumbai

Subject : Land Acquisition

Reported in : (2008)303ITR328(Mum.)

80-1A. The assessee supported its submission by referring to the definition of "port" as given in the Indian Ports Act, 1908 according to which a "port" would include any part of the river or channel in which the said … has erred in: 1. directing the assessing officer to deduct a sum of Rs. 13,15,01,864 being deduction under Section 80-IA by holding that the assessee has carried on the business of developing, maintaining and operating any infrastructure … scope and effect of the aforesaid amendments. It is stated in para 34.3 of the aforesaid Circular that "a ten year concession including a five

Deputy Commissioner of Vs. Abg Heavy Industries Ltd.

Court : Income Tax Appellate Tribunal ITAT Mumbai

Subject : Land Acquisition

801A. The assessee supported its submission by referring to the definition of "port" as given in the Indian Ports Act, 1908 according to which a "port" would include any part of the river or channel in which the said … has erred in: 1. directing the Assessing Officer to deduct a sum of Rs. 13,15,01,864/- being deduction Under Section 80IA by holding that the assessee has carried on the business of developing, maintaining and operating any infrastructure … scope and effect of the aforesaid amendments. It is stated in para 34.3 of the aforesaid Circular that "a ten year concession including a five

M/s N.n. Global Mercantile Private Limited Vs. M/s Indo Unique Flame L ...

Court : Supreme Court of India

Subject : Arbitration

a document, which is compulsorily registerable but which is not registered. Under Section 49 78 of the Registration Act, 1908, an unregistered document may be used for proving a collateral transaction. Even this is impermissible, if the document … Section 5 of the Act contemplated minimal judicial interference. The Court referred to the Maharashtra Stamp Act, 1958. Section 34 of the said Act, essentially, is pari materia with Section 35 of the Stamp Act, 1899 hereinafter referred … (2005) 8 SCC6187 to the Judgment in Duro Felguera, S.A. v. Gangavaram Port Limited4, to conclude that what was to be gone into was only

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 … 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 … Respondents With CIVIL APPEAL NOS. 9833-34 OF2017(Arising out of SLP (C) Nos. 3418-3419 of 2017]. JUDGMENT Deepak Gupta, J.Leave granted.2. These civil appeals filed by