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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 … 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, namely,

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 … amount leviable according to the scale framed under Sections 37, 38 or 40. The law is laid down by the Apex Court in the case … 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

M/S. Sardesai Transhippers Pvt. Ltd., and Etc. Vs. State of Goa and An ...

Court : Mumbai

Subject : Customs

Acts : Goa, Daman and Diu Port Rules, 1983 - Rules 38, 40, 43, 54, 64 and 67; Constitution of India - Article 165; Ports Act, 1908 - Sections 6

Reported in : AIR1997Bom326

counsel for the petitioners, namely the validity of the imposition of wharfage under the provisions of the Indian Ports Act, 1908 and the Rules made thereunder. Therefore, we venture to examine in this petition the legality or otherwise of … to refer to the relevant provisions of the Indian Ports Act and the Rules and Notification made thereunder. Section 4 of the Indian Ports Act, hereinafter called 'the Act' empowers the Government to extend the operation of … which the application has to be made for landing and shipping. Rule 40 which is also in Chapter IV deals with area for storage of

Ghatal Steam Navigation Co. Ltd. Vs. Union of India (Uoi) and ors.

Court : Kolkata

Subject : ConstitutionLabour and Industrial

Acts : Constitution of India - Articles 14, 16, 21 and 226; ;Employees' Provident Fund and Miscellaneous Provisions Act, 1952 - Sections 1(3) and 7A; ;Major Port Trust Act, 1963 - Section 2; ;Indian Port Trust Act, 1908 - Section 5; ;Bengal Waterways Act, 1934 - Section 40(2); ;Inland Vessels Act, 1917 - Section 2; ;Bengal Ferries Act, 1885; ;Canals Act, 1964; ;Indian Vessels Act, 1917; ;Labour Law

Reported in : (2005)1CALLT291(HC),[2005(105)FLR176],(2005)IILLJ99Cal

to the port in which Indian Ports Act is in force.5. Section 5 of the Indian Port Trusts Act, 1908 empowers the Central Government to alter the limits of the Port by making appropriate notification in the Official … within such limits as may have been defined by the Central Government under the provisions of the Major Ports Act.4. Section 2(r) of the Act says port approaches relation to a port means those parts of the navigable … for the purpose of provide for the maintenance and improvement of the waterways in West Bengal. Proviso to Section 40 Sub-section (2) of the Act declare that no navigable channels within such limits as may have been declared

Trustees of the Port of Madras Vs. Home Insurance Co. Ltd.

Court : Chennai

Subject : ContractLimitation

Acts : Madras Port Trust Act, 1905 - Sections 6, 39, 39(1), 40, 41, 41A, 104, 110 and 111; Evidence Act, 1872 - Sections 102; Contract Act, 1872 - Sections 151, 152 and 161; Madras General Clauses Act, 1891 - Sections 3(2) and 3(22); General Clauses Act, 1897 - Sections 3(42); Marine Insurance Act, 1963 - Sections 79; Transfer of Property Act, 1882 - Sections 92, 130A and 135A; Limitation Act, 1908 - Schedule - Article 120

Reported in : AIR1970Mad48

in Singapore Harbour by the Singapore Harbour Board which under the Singapore Ports Ordinance was authorised to carry on the business of wharfingers and warehousemen … did not at all include suits by the insurer-subrogee within its scope. Article 120 of the Indian Limitation Act, 1908, the residual article, would apply, and these suits would be perfectly within time.6. But, on deeper scrutiny, I … the Board for he loss, destruction or deterioration of he goods of which it has taken charge under Section 40 of the Act is that of a bailee under Sections 151, 152 and 161 of the Indian Contract

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

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 … of the plaintiff that the collision took place when the Tug was at a distnace of 30 to 40 ft. from the flood buoy of the Jetty No. 1.19. On the issue of overtaking the learned trial

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 … November 1993 and 25th November 1993 agreed to a reduction of Rs. 40 lakhs from the total hire charges of Rs. 16.35 for the first … 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

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 … its letter dated 24-11-1993 and 25-11-1993 agreed to a reduction of Rs. 40 laksh from the total hire charges of Rs. 16.35 crores for the … 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

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 … State of U.P. v. Synthetics & Chemicals Ltd. : 1993(41)ECC326 in para 40 has observed thus:40. 'incuriam' literally means 'carelessness'. In practice per Incuriam appears … 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