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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 … at all for the purpose of payment of port dues. The payment of port dues is governed by Section 41 of the Act. The reference to 'ton' in Section 3(6) is only a sort of standard of measurement

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

for short delivery of goods landed 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 and was carrying on for the … 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 … equity doctrine of subrogation to Marine Insurance. It was originally expressed in Sections 130-A and 135-A of the Transfer of Property Act, and this concept … argument, based on Sections 39 (1) (a) to (d), 39 (2) and 41-A of the Madras Port Trust Act, cannot be considered as valid, when

G.C. Nagaraju Vs. the Executive Engineer, P.W.D., Mysore Division, Mys ...

Court : Karnataka

Subject : ContractLimitation

Acts : Limitation Act, 1963 - Sections 3- Schedule - Articles 18 and 55; Code of Civil Procedure (CPC), 1908 - Sections 80, Order 41, Rule 27; Madras Port Trust Act - Sections 110; Constitution of India - Article 136, 141; Limitation (Amendment) Act, 1908 - Schedule - Article 115, 120; Contract Act, 1872 - Sections 73

Reported in : ILR2000KAR5033; 2001(1)KarLJ71

v Sirajuddin) in similar set of circumstances held that word 'compensation' used in Article 115 of the Limitation Act, 1908 has the same meaning as it has under Section 73 of the Contract Act and that, where the … evidence from their side in the instant appeal as contemplated under Order 41, Rule 27 of the CPC. He further prayed that the said application … defeat just claim of citizen came to be deprecated by the Supreme Court in a decision in Madras Port Trust v Hymanshu International by its Proprietor V. Venkatadri (dead) by L.Rs. 15. While taking me through the

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

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 … 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 … 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,

The Trustees of the Port of Madras by Its Chairman Vs. K.P.V. Sheik Mo ...

Court : Supreme Court of India

Subject : Commercial

Acts : Indian Contract Act - Sections 148, 151, 152 and 161

Reported in : [1963]Supp2SCR915

passengers or goods excepting the services in respect of vessels for which fees are chargeable under the Indian Ports Act, 1908 (XV of 1908).' 18. Section 44 provides that every scale and every statement of conditions framed by the … be performed by the Board or by a person to whom any service has been relinquished under s. 41-A of the Act. Thereafter, the respondents, viz., the streamer-agents, filed petitions under Art. 226 of the Constitution, in

R. Sarangapani and anr. Vs. the Port Trust of Madras

Court : Chennai

Subject : Constitution

Acts : Madras Port Trust Act, 1905 - Sections 39, 39(1) and 95(4); Constitution of India - Articles 12, 13(3), 19(1), 19(6) and 367; General Clauses Act, 1897 - Sections 3(31); Sea Customs Act, 1878

Reported in : AIR1961Mad234; (1961)1MLJ57

Board the power to make by-laws not inconsistent with the provisions of the Act or of the Indian Ports Act, 1908, inter alia 'for the reception, porterage, storage and removal of goods brought within the premises of the Board … to perform any service which it has relinquished under the provisions of Clause (a) of subsection (1) of Section 41-A (3) The Board shall, if required, take charge of the goods for the purpose of performing the service

The Trustees of the Port of Madras, Represented by the Chairman, Madra ...

Court : Chennai

Subject : Insurance

Reported in : (1968)2MLJ497

for short delivery of goods landed 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 and was carrying on for the … 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 … equity doctrine of subrogation to Marine Insurance. It was originally expressed in Sections 130-A and 135-A of the Transfer of Property Act, and this concept … argument, based on Sections 39 (1) (a) to (d), 39 (2) and 41-A of the Madras Port Trust Act, cannot be considered as valid, when

Oil and Natural Gas Corporation Ltd. Vs. Osprey Underwriting Agencies ...

Court : Mumbai

Subject : Civil

Acts : Indian Ports Act, 1908 - Sections 12 and 14; Code of Civil Procedure (CPC), 1908 - Order 39, Rule 1, 2 and 12; Oil and Natural Gas Commission Act, 1959; Companies Act, 1956; Marine Insurance Act, 1906

Reported in : 1998(3)ALLMR713; 1998(5)BomCR344; (1998)2BOMLR179

out that they i.e. Port Trust would be forced to take appropriate action under the provisions of Indian Ports Act, 1908, in particular under section 14 of the said Act.(xi) On 29-3-1996 Allied Marine terminated their wreck removal contract … No. 5 quantified at Rs. 10.000/- as exemplary costs. - CODE OF CRIMINAL PROCEDURE, 1973 [C.A. No. 2/1974]. Section 41: [ Swatanter Kumar, CJ, Smt Ranjana Desai & D.B. Bhosale, JJ] Arrest of accused - Held, A Police

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

Court : Supreme Court of India

Subject : Land Acquisition

unloading of imported goods and the 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 of 1879, 1890 and 1905 of … 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 … Entry, and also applied to file Bills of Entry for the remaining 41 consignments lying unclaimed. The formal agreement between the M/s Metal Distributors (UK)

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 … the element of nexus would be found to be present.11. In Tulsidas Khimji v. Jeejeebhoy 1961 I LLJ 41, an industrial dispute was raised following the termination of the employment of certain workmen from the Clearing and