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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Senior Counsel points out that Section 133 of the Major Port Trusts Act, 1963 has repealed the Indian Ports Act, 1908 as also the Madras Port Trust Act, 1905 and, therefore, the regulations thereunder must be deemed to have … property including land,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 executing contracts on

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 … under Section 32(1) of the Gujarat Maritime Board Act, 1981. It is his submission that the provisions of Section 42 of the Major Port Trust Act cannot be equated to the provisions of the Section 32 of the

P and O Australia Ports Pty Limited and ors. Vs. Board of Trustees, Jn ...

Court : Mumbai

Subject : Constitution

Acts : Constitution of India - Articles 14, 19, 19(1) and 226; Major Port Trusts Act, 1963 - Sections 42(1), 42(3) and 49; ;Indian Ports Act, 1908

Reported in : 2003(5)BomCR733; 2004(1)CTLJ279(Bom); 2003(2)MhLj717

brief background. Prior to introduction of the Major Port Trusts Act, 1963, ports were governed by the Indian Ports Act, 1908 and in the schedule annexed to the said Act different ports were listed which came within the jurisdiction … and control of the major ports is vested in the hands of the Trustees appointed by the Government. Section 42(1) of the Major Port Trust Act provides for various services to be rendered by the port and

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 … any of the services specified hereunder shall be performed by a Board or any other person authorised under section 42 at or in relation to the port or port approaches- (a) transhipping of passengers or goods between vessels

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 … Port Trust, with the previous sanction of the Central Government under Section 42(3) of the Major Port Trusts Act, 1963, be prevented from participating 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 … recover for such service any sum in excess of the amount leviable according to the scale framed under Section 42, Section 43 or Section 43-A, If such service were formed by the Board. Notwithstanding such relinquishment, the Board

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 … receipt in the form and to the effect prescribed from time to time by the Central Government. 17. Section 42 which deals with the scale of rates, reads : 'The Board shall frame a scale of rates at

Lakshman Gowroji Nakhwa Vs. Ramji Antone Nakhwa

Court : Mumbai

Subject : PropertyCivil

Reported in : AIR1921Bom93; (1921)23BOMLR939

as to removing obstructions and paying compensation will be found in Sections 10 and 12 of the Indian Ports Act, 1908, which was amended by Act VI of 1916, but I do not think I need pursue that.64. Then … to the earth.'57. He next relies on the definition of easement in the Indian Limitation Act IX of 1908. Section 2(5) says: -Easement' includes a right not arising from contract, by which one person is entitled to remove … miles south of Oyster Rock were removed, and compensation amounting to 11s. 42,000 or thereabouts was paid to the owners of the stakes. It is

Gujarat Chem. Port Terminal Co. Vs. C.C.E. and C.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Ahmedabad

Subject : Service Tax

Reported in : (2008)9STR386

follows: "other port" has the meaning assigned to "port" in clause (4) of Section 3 of the Indian Ports Act, 1908 (15 of 1908), but does riot include the port defined in clause (80).Definition of port services as on … the appellant in their port area is a requirement of the law governing the functioning of a port. Section 42 of Major Port Trusts Act, 1963 mandates the following: 42. Performance of services by Board or other person.

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