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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

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 … Police Officer without an order from a Magistrate and without a warrant. A distinct and different power under Section 44 of the Code empowers the Magistrate to arrest or order any person to arrest the offender. Under Section

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

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

State Trading Corporation of India Ltd. Vs. Government of Peoples Repu ...

Court : Delhi

Subject : ContractCivil

Acts : Code of Civil Procedure (CPC), 1908 - Sections 9, 20 and 38; Merchant Shipping Act, 1958 - Sections 443

Reported in : 63(1996)DLT971; 1997(40)DRJ441

laws in force other than the Merchant Shipping Act.'; [pr 22] Section 443 and Code of Civil Procedure 1908, section 20-High Court of Delhi (Original Side) seized of a suit has jurisdiction to make order for attachment by … important and fundamental aspects of the matter were suppressed.' (page 43 and 44 of paper book)6.2The learned single Judge has held that the plaintiff had … defendant No.2 lifted a quantity of 6500 Mt on a ship known as M V Yanmit from Kakinada Port. at Andhra Pradesh for Chittagong Port in Bangladesh. The ship belonged to Mr C.Y.Lee (the defendant No.3) who

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 … an action in a matter in respect of which the parties have made an agreement referred to in section 44, shall, at the request of one of the parties or any person 18 (2005) 7 SCC23437 claiming through … (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

Essa @ Anjum Abdul Razak Memon Vs. State of Maharashtra Tr.Stf,cbi Mum ...

Court : Supreme Court of India

Subject : Land Acquisition

Sections 9B (1)(a)(b)(c) of the Explosives Act, 1884, Sections 3, 4(a)(b), 5 and 6 of the Explosive Substances Act, 1908 and Section 4 of the Prevention of Damage to Public Property Act, 1984 and within my cognizance.” In … Charges:3. A common charge of conspiracy was framed against all the co- conspirators including the appellants. The relevant portion of the said charge is reproduced hereunder: “During the period from December, 1992 to April, 1993 at various … Further, a set of keys (Article 245-B(i)), including a scooter key number 449 was recovered. (iv) In the Court, PW-67 recognized the spot panchnama (Exhibit

Visakhapatnam Port Trust Vs. Continental Construction Company

Court : Supreme Court of India

Subject : LimitationArbitration

Acts : Arbitration Act, 1940 - Sections 8, 9, 14(1), 17, 20, 30, 33, 37 and 37(3); Limitation Act, 1963 - Shedule - Article 137; Indian Limitation Act, 1908; Arbitration (Andhra Pradesh Amendment) Act, 1990

Reported in : JT2009(4)SC335; 2009(6)MhLJ162(SC); 2009(3)SCALE670; (2009)4SCC546; 2009(3)LC1442(SC); 2009AIRSCW2195; 2009(1)LHSC1419

relevant for the purpose.The Arbitration Act, 1940; 37. Limitations. - (1) All the provisions of the Indian Limitation Act, 1908 (9 of 1908), shall apply to arbitrations as they apply to proceedings in Court.(2) Notwithstanding any term in … No. 1559/1994 and CMA No. 77/1995.2. For the sake of convenience, we shall refer the appellant - Visakhapatnam Port Trust, 'VPT' and the respondent - M/s Continental Construction Company, 'the Contractor'.3. In CMA No. 1559/1994 before the … by VPT before the Civil Judge, Visakhapatanam by filing a petition under Sections 30 & 33 of the Arbitration Act, 1940 (for short, `Act, 1940').

Society Commercial Coreales and Financial Vs. State Trading Corporatio ...

Court : Gujarat

Subject : Arbitration

Acts : Foreign Awards (Recognition and Enforcement) Act, 1961 - Sections 2 and 3; Arbitration Act, 140 - Sections 34; Code of Civil Procedure (CPC), 1908 - Sections 44; Arbitration and Conciliation Act, 1996 - Sections 85

Reported in : AIR1998Guj94; (1998)1GLR744

in the Arbitration Act, 1940 or in the Code of Civil Procedure, 1908, if any party to an agreement to which Article II of the … an action in a matter in respect of which the parties have made an agreement referred to in Section 44, shall, at the request of one of the parties or any person claiming through or under him, refer … of the Trial Court : (i) The cargo in question, that is, Soyabean Oil, was loaded at a Port in Brazil and the appellant/defendant No. 1 had made a specific averment in the application Ex. 10 that … the provisions of Section 3 of the Foreign Awards (Recognition and Enforcement) Act, 1961 (hereinafter referred to as 'Foreign Awards Act'). 2. Respondent No. 1

Sadhu Singh and ors. Vs. Pritam Singh S/O NaraIn Singh and anr.

Court : Punjab and Haryana

Subject : PropertyCivil

Acts : Code of Civil Procedure (CPC) , 1908 - Order 2, Rules 2 and 4

Reported in : AIR1976P& H38

following terms:--'Whether Order 2, Rule 2 of the Code of Civil Procedure. 1908 bars a suit for mesne profits filed subseauentlv to a suitfor possession … Procedure of 1859. As a result, therefore. Section 10 of the earlier Code auoted above was substituted bv Section 44 of the Code of Civil Procedure, 1877 (which is in pari materia with Order 2. Rule 4 of … plaintiff is entitled to make in respect of the cause of action; but a plaintiff may relinquish any portion of his claim in order to bring the suit within the jurisdiction of any Court.(2) Where a plaintilE … ejectment and for mesne Profits were always treated as separate causes of action so much so that an action for mesne profits did not even