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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 … not justified in pressing into service those provisions. An attempt was made to demonstrate that in terms of Section 5 of the Pondicherry (Administration) Act, 1962 all properties and assets in the State of Pondicherry vest with the

V.M. Salgaocar and Bros. Vs. Board of Trustees of Port of Mormugao and ...

Court : Supreme Court of India

Subject : LimitationCivil

Acts : Major Port Trust Act, 1963 - Sections 48 and 120; Mormugao Port (Shipment of Ore and Pellets from Mechanised Ore Handling Plant at berth no. 9 and related matters) Regulations, 1979; Code of Civil Procedure (CPC) - Sections 80 - Order 12, Rule 6; Constitution of India - Articles 14, 19, 19(1), 134 to 137 and 149; Limitation Act - Sections 3, 5, 4 to 24, 29 and 29(2); Bombay Port Trust Act, 1879 - Sections 64A and 87; Bombay Municipal Corporation Act - Sections 527; General Clauses Act; Arbitration and Conciliation Act, 1996 - Sections 34 and 131; Excise Act; Customs Act; Income Tax Act; Railways Act; Land Acquisition Act; Indian Ports Act, 1908

Reported in : AIR2005SC4138; 2005(5)BomCR374; JT2005(3)SC607; (2005)140PLR743; (2005)4SCC613; [2005] 3 SCR 27

guaranteed under Article 14 and 19(1)(g) of the Constitution.41. In the end Mr. Nariman submitted that the Indian Ports Act, 1908 was still applicable to various ports including Panjim Port in Goa. In the case of exporters like the … 90 days. Article 134 to 137 providing for longer periods of limitation are an exception to the rule. Section 5 of the Limitation Act allows for condonation of delay in filing the appeals or applications but not suit.

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 … allowed the claim of the assessee for the reasons given in para 5 of his order. According to him, investment made by the assessee in … 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 … allowed the claim of the assessee for the reasons given in para 5 of his order. According to him, investment made by the assessee in … 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

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 … 65(9) and 65(10) (9)."banking" and banking company shall have the meanings assigned to them in clauses (b) of section 5 of the Banking Regulation Act, 1949 (10 of 1949), (10). banking and other financial services means, the following

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

V.G. Row Vs. the State of Madras

Court : Chennai

Subject : Constitution

Acts : Criminal Law Amendment Act, 1908 - Sections 1 and 15(2); Constitution of India - Articles 14, 19(1) and 19(4); Madras Criminal Law Amendment Act, 1950

Reported in : AIR1951Mad147; (1951)IMLJ628

Clause (k); Rubber Production and Marketing Act (XXIV [24] of 1947), Section 3 (1), Clause (v); the Indian Ports Act, 1908 (xv [15] of 1908), Section 3, Clause (8) ; Madras Act XIV [14] of 1947 Section 2, Clause … The assocn. owns a house, No. 4, Rundall's Road, Vepery, which was purchased for a sum of Rs. 55,000 in or about 29-11-1947. The Society placed an order for the purchase of rotary printing press which arrived

South India Shipping Corporation Ltd. Vs. the Board of Trustees for th ...

Court : Kolkata

Subject : Civil

Acts : Major Port Trusts Act, 1963 - Sections 65 and 116;; The Indian Ports Act, 1908 - Sections 31(1) and (2)

Reported in : (1999)2CALLT531(HC)

at the centre. It was submitted on behalf of the defendant, that under section 31(2) of (The) Indian Ports Act, 1908 the plaintiff was liable to pay the repairing costs of the coal-loader which had been damaged, despite the … as 8 metres and the master continued de ballasting in the locks and the draft was reduced to 5.5. metres. The master did not declare this reduction of draft to the berthing-master the boarded the vessel at

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 … with the work of salvage of the 3rd defendant vessel after it capsized in July, 1995 and the 5th defendant is the Port Trust. (For the brevity's sake hereinafter the plaintiffs are referred to as 'ONGC', 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 … Thereafter, the Tug cast off the Tanker and sheared off to the star board until she was about 50-60 ft. off the Tanker on the latter's star board side. At 15.26 hours the engines of the Tanker