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Visakhapatnam Port Trust, Visakhapatnam Vs. Commerical Tax Officer, In ...

Court : Andhra Pradesh

Subject : Sales Tax

Acts : Andhra Pradesh General Sales Tax Act, 1957 - Sections 2, 2(1), 35 and 37; Major Port Trust Act, 1963; Indian Port Act, 1908

Reported in : 2001(5)ALD76

under the Major Port Trust Act, 1963. It is also a Port within the meaning of Indian Port Act, 1908. It is charged with the duties and functions enumerated in the above two enactments. To be specific and … functions enumerated in the above two enactments. To be specific and relevant for the purpose of this case, Section 37 empowers the Board to order sea-going vessels to use docks, wharves etc., and Section 35 provides that the … decision in this writ petition is whether the activity of the Visakhapatnam Port Trust, the petitioner herein, in selling drinking water to various ships stationed

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 … much as the opponent party knows what he has to defend. ' 37. Sub-Section 2 of Section 29 envisages special or local laws which can … 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

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 … Management Services in the Gulf of Khambhat and recover fee for the same as has been fixed in Section 37, 38, 41 and 42 of the GMB Act, 1980. No such authorization under Section 32(3) has been brought

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 … which the High Court of Bombay had in respect of the said territories immediately before the appointed date. Section 37 provides that the High Court of Bombay shall have no jurisdiction in respect of the territory transferred. Transferred

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

Court : Kolkata

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 … of the Commissioners under the Act, or the intended site thereof with power to the Central Government under Section 37 of the Act to restore, complete, or construct works on failure of the Commissioners. The Central Government has

Visakhapatnam Port Trust Vs. Commercial Tax Officer, Intelligence and ...

Court : Andhra Pradesh

Subject : Sales Tax

Acts : Andhra Pradesh General Sales Tax Act, 1957 - Sections 2 and 2(1); Major Port Trusts Act, 1963 - Sections 35

Reported in : [2002]125STC294(AP)

under the Major Port Trusts Act, 1963. It is also a port within the meaning of the Indian Ports Act, 1908. It is charged with the duties and functions enumerated in the above two enactments. To be specific and … functions enumerated in the above two enactments. To be specific and relevant for the purpose of this case, Section 37 empowers the Board to order seagoing vessels to use docks, wharves, etc., and Section 35 provides that the

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 … 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.

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 … of the general tax on a rateable value of the same amount as that fixed under Sub-section (2) Section 37 casts a duty on the Municipality in consideration of said payment to maintain roads and thoroughfares constructed by

M/S Rasiklal Kantilal and Co. Vs. Board of Trustee of Port of Bombay a ...

Court : Supreme Court of India

Subject : Land Acquisition

loading of export goods etc. Indian Ports Acts, 1855, 1875, 1889 and 1908 regulated the activities of the ports in India. The Port Trust Acts … facilitate creation of ports which can be conveniently used by (vessels[9].) for loading and unloading of cargo etc.11. Section 37 to 42 of the Act authorise BOARDS to compel sea going vessels to use the works executed by … passengers or goods, excepting the services in respect of vessels for which fees are chargeable under the Indian Ports Act. (2) Different scales and conditions may be framed for different classes of goods and vessels.” Section 48(1)(a) and

Apm Terminals B.V. Vs Union of India and anr ,

Court : Supreme Court of India

Subject : Company

Acts : Companies Act; Major Port Trusts Act - Sections 111, 42(3); Indian Ports Act; Electricity Act - Sections 178, 79(1)(j)

discrimination. This condition shall be applicable only within the port limits of the Licensor as notified under Indian Ports Act, 1908 and Major Port Trusts Act, 1963."29. Ms. Chidambaram submitted that it would, therefore, be evident from the above … in the Transferred cases was whether a contractual right could be superseded by a general policy decision under Section 111 of the Major Port Trusts Act, 1963, without any legislation. In other words, in the facts of