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Villianur Iyarkkai Padukappu Maiyam Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Subject : CivilCommercial

Acts : Major Ports Trust Act; Government of Union Territories Act, 1963 - Sections 18, 46 and 50; Business of the Government of Pondicherry Rules, 1963 - Rule 5 and 5(2); Indian Major Ports Act, 1908; Indian Ports Act, 1908 - Sections 3(9); Pondicherry (Administration) Act, 1962 - Sections 5; Pondicherry Administration Regulations Act, 1963 - Sections 3; Pondicherry (Laws) Regulation, 1963 - Regulations 2 and 6; Pondicherry (Alteration of name) Act, 2006 - Sections 4; Environment Protection Act; General Financial Rules, 1963; Supreme Court Orders, 1960 - Order 16; Supreme Court Rules, 1960 - Rule 4(1); Delegation of Financial Rules - Rule 21; Constitution of India - Articles 162, 239, 239A and 240

Reported in : JT2009(8)SC339; (2009)7SCC561; 2009(8)LC3627(SC); [2009] 9 SCR 225

ports can be undertaken by the respective State Government after formulating its own guidelines and modalities. The Indian Ports Act, 1908 permits the State Government to develop the minor ports. By virtue of power vested in the Parliament by … personal selection, is rejected.22.The contention that a conjoint reading of Article 239 and 239A of the Constitution and Sections 46, 50 of the Government of Union Territories Act read with Rule 5 of the Rules of Business

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

of the powers conferred under Section 6 read with Sections 33, 35, 46 and 47 of the Indian Ports Act, 1908, the Lieutenant Governor of … (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 … 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

Chowgule and Co. Ltd. Vs. Collector of Customs

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Subject : Customs

Reported in : (1995)(80)ELT680TriDel

any other vessel carrying cargo. The appellants pay dues such as pilotage charges, port dues, under the Indian Ports Act, 1908, and charges which are only payable by vessels such as berth hire and anchorage charges under the Major … and Triyamvada' were 'Goods' for purposes of filing the bill of entry for home consumption in terms of Section 46 of the Customs Act, 1962.4. The department was aggrieved with this order and appealed before the Collector (Appeals)

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

Kotch Vs. Board of River Port Pilot Comm'rs

Court : US Supreme Court

Subject : Land Acquisition

of the Court. Louisiana statutes provide in general that all seagoing vessels moving between New Orleans and foreign ports must be navigated through the Mississippi River approaches to the port of New Orleans and within it, exclusively … Mississippi through the so-called "passes." La.Acts 1880, No. 99, § 2, La.Acts 1908, No. 55, § 1; La.Acts 1910, No. 26, § 1, 6 La.Gen. … Appellants here sought appointment as river port pilots. [ Footnote 2 ] Sections 2 and 3 of the Act of 1908 provided for the appointment … federal regulation unnecessary. 1 Stat. 53, 54 (1789), 46 U.S.C. § 211; Olsen v. Smith, 195 U. … application of a precise formula. This Court has never attempted that impossible task. A law which affects the activities of some groups differently from the way in which it affects the activities of other groups is not

Shanthi Alloys Pvt. Ltd., Rep. by Its Authorized Signatory, Mr. P. Rav ...

Court : Chennai

Subject : Customs

Acts : Customs Act, 1962 - Sections 17, 24, 53, 54, 54(1), 54(2), 54(3), 55, 110, 110(2), and 111; ;Indian Ports Act, 1908; Import Manifest (Vessels) Regulations, 1971; Goods Imported (Conditions of Transhipment) Regulations, 1995 - Regulations 3 to 6

Reported in : 2004(176)ELT87(Mad); (2004)4MLJ46

report, as the case may be, as for transhipment-(a) to any major port as defined in the Indian Ports Act, 1908 (15 of 1908) or the customs airport at Mumbai, Calcutta, Delhi or Chennai, or any other customs port … imported 46 containers, and insofar as 39 containers are concerned the Customs Duty was assessed at Rs.11,85,174/- under Section 17 of the Customs Act and for other 7 containers the customs duty is still to be assessed.

Shree Electronics Vs. Collector of Customs

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Subject : Customs

Reported in : (1996)(81)ELT407TriDel

in the import manifest as for transhipment - (a) to any major port as defined in the Indian Ports Act, 1908 (15 of 1908), or the customs airport at Bombay, Calcutta, Delhi or Madras, or any other customs port … Reliance was placed on Sections 46, 53 and 54 of the Customs Act, 1962 (for short the Act).6. Section 46 deals with entry of goods on importation. The importer of any goods other than intended for transit or

The Andhra Pradesh Industrial Infrastructure Corporation Limited, a Co ...

Court : Andhra Pradesh

Subject : CompanyProperty

Acts : Companies Act, 1956 - Sections 46, 125, 126, 446, 446(1) and 446(2); Visakhapatnam Steel Project (Acquisition of Land) Act, 1972; Land Acquisition Act, 1894 - Sections 44A; Sick Industrial Companies (Special Provisions) Act, 1985; Andhra Pradesh Public Premises (Eviction of Unauthorised Occupants) Act, 1968; Limitation Act, 1963 - Sections 15(2) and 66 - Schedule - Articles 65, 112 and 137; Government Grants Act, 1895; Transfer of Property Act, 1882 - Sections 5, 11, 32, 68, 73 and 73(2); Registration Act, 1908 - Sections 17(2); Central Public Premises (Eviction of Unauthorized Occupants) Act, 1971 - Sections 2, 5(1), 5(2) and 8A; Capital of Punjab (Development and Regulation) Act, 1952; Companies (Court) Rules, 1959 - Rule 9; Land Acquisition (Companies) Rules, 1963; Chandigarh

Reported in : [2008]146CompCas399(AP)

Transfer of Property Act, 1882 (TP Act, for brevity). Be it noted, as per Section 17(2)(vii) of Registration Act, 1908, any grant/alienation of immovable property by Government does not require registration.When transfer of property is effected, by reason … executed by APRL with APIIC is not conclusive and valid as it is not executed in accordance with Section 46 of Companies Act. Even if it is valid, there is no right reserved to APIIC to resume the … brought to notice of Government that Government lands allotted to M/s. Visakhapatnam Port Trust, Bharat Heavy Plates and Vessels, and Hindustan Zinc Limited were not

Corporation of Calcutta Vs. Director of Rationing and Distribution

Court : Kolkata

Subject : Criminal

Acts : Calcutta Municipal Act, 1923 - Section 386 and 386(1); ;Bengal General Clauses Act, 1899 - Section 3(32); ;Constitution of India - Article 300; ;Government of India Act, 1935; ;Abolition of Privy Council Jurisdiction Act, 1949 - Section 8; ;Code of Civil Procedure (CPC) , 1908

Reported in : AIR1955Cal282,1955CriLJ792

the proviso to Section 20 goods belonging to Government were expressly exempted.Section 1(4) of the now repealed Indian Ports Act of 1889 exempted-from the operation of the. Act vessels belonging to or in the service of Her Majesty … belonging to or in the service of Her Majesty or the Government of India. Section 2(l) Indian Port Act, 1908, gave the same exemption to all vessels belonging to or in the service of His Majesty which in … for these two Presidencies a rule similar to that in Section 19 for the Governor General in Council. Section 46 empowers the Governor General to declare and limit from time to time the extent of the authority of

Vasantkumar Radhakisan Vora and ors. Vs. Board of Trustees of the Port ...

Court : Mumbai

Subject : Constitution

Acts : Presidency Small Cause Courts Act, 1882; Constitution of India - Articles 14, 226 and 227

Reported in : AIR1984Bom96; 1984(2)BomCR478; ILR1984Bom1784a

of limitation prescribed by this sub-section the provisions contained in Ss. 4, 5 and 12 of the Limitation Act, 1908, shall, so far as may be, apply.18. No further appeal shall lie against any decision in appeal under … 3144 of 1981 the respondents are the Board of Trustees of the Port of Bombay. They owned a property bearing old B. B. NO. 941 … into force would be governed by the amended provisions of Chap. VII or otherwise weather the provisions of Section 46(2) maintaining two different procedures would be villative of Art. 14 of the constitution of India A few relevant