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May 25 2004

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

Court : Chennai

Decided on : May-25-2004

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 … and Customs. The learned counsel for the appellant further submitted that the authorities are twisting the provisions under Section 54 the Customs Act and instead of testing the bona fides of the transhipment, the authorities are testing the

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Apr 22 2009

Delta Engineers Vs. State of Goa and ors.

Court : Supreme Court of India

Decided on : Apr-22-2009

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 … for a declaration that the Goa Ports (Amendment) Rules, 1992 and Rule 54A of the Goa Ports (Amendment) Rules, 1994 were ultra vires the Indian … 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

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Jul 11 1996

M/S. Sardesai Transhippers Pvt. Ltd., and Etc. Vs. State of Goa and An ...

Court : Mumbai

Decided on : Jul-11-1996

Subject : Customs

Acts : Goa, Daman and Diu Port Rules, 1983 - Rules 38, 40, 43, 54, 64 and 67; Constitution of India - Article 165; Ports Act, 1908 - Sections 6

Reported in : AIR1997Bom326

counsel for the petitioners, namely the validity of the imposition of wharfage under the provisions of the Indian Ports Act, 1908 and the Rules made thereunder. Therefore, we venture to examine in this petition the legality or otherwise of … to refer to the relevant provisions of the Indian Ports Act and the Rules and Notification made thereunder. Section 4 of the Indian Ports Act, hereinafter called 'the Act' empowers the Government to extend the operation of … facility that is to be provided by port authorities for landing. Rule 54 deals with the allotment of space by the port authorities in the

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Jun 17 1977

Board of Trustees of the Visakhapatnam Port Trust Vs. Commercial Tax O ...

Court : Andhra Pradesh

Decided on : Jun-17-1977

Subject : Sales Tax

Reported in : [1979]43STC36(AP)

of the Parliament which have a bearing on the question at issue before us. One is the Indian Ports Act, 1908 (Act 15 of 1908), and the other is the Major Port Trusts Act, 1963 (Act 38 of 1963). … different scales and conditions may be framed for different classes of goods and vessels. Under Sub-section (1) of Section 54, whenever the Central Government considers it necessary in the public interest so to do, it may, by order

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Mar 20 2002

Satyawan and ors. Vs. Raghbir

Court : Punjab and Haryana

Decided on : Mar-20-2002

Subject : PropertyCivil

Acts : Registration Act, 1908 - Sections 8 and 49; Transfer of Property Act, 1882

Reported in : AIR2002P& H290

54, Paragraphs 2 and 3, 59, 107 and 123 shall be read as supplemental to the Indian Registration Act, 1908.18. It was submitted that there is no difference between exchange and sale. Except that, in sale, title is … S.C.C. 497, wherein it was held (1) that the document in question was required to be registered under section 54 of the Transfer of Property Act and in the absence of such a registration, it cannot be received

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Mar 31 1947

Kotch Vs. Board of River Port Pilot Comm'rs

Court : US Supreme Court

Decided on : Mar-31-1947

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 … 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 … and officers. Taylor v. Beckham, 178 U. S. 548 ; Snowden v. Hughes, 321 U. S. 1

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Nov 29 1995

Shree Electronics Vs. Collector of Customs

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Decided on : Nov-29-1995

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 … subject to the provisions of Section 11, such goods may be allowed to be transitted without payment of duty.Section 54 of the Act reads thus :- "54. Transhipment of goods without payment of duty. - (1) Where any

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Feb 27 2002

M.V. Asean Jade Vs. Jaisu Shipping Com. Pvt. Ltd. and ors.

Court : Gujarat

Decided on : Feb-27-2002

Subject : Civil

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 129; Bombay High Court (Original Side) Rules, 1957 - Rules 52 and 357; Colonial Courts of Admiralty Act, 1890 - Sections 7

Reported in : AIR2000Guj241

These Rules are framed under Section 129 of the Civil Procedure Code, 1908 read with Clause 37 of the Letters Patent, These rules include rules … petitioned prayed for arrest of the ship 'Asean Jade' which was at the relevant time berthed at Kandla Port in the Kutch District in the State of Gujarat and further prayed that the Kandla Port Trust may … Management Pvt. Ltd. and that it is being with Glori Ship Management Pvt. Ltd. are the agents and acting as such which has been produced in the matter.5.2(A). The plaintiff further submitted that it is an undisputed

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Jan 09 2015

Gujarat State Fertilizers Co. Ltd. Vs. Tata Motors Ltd.

Court : Mumbai

Decided on : Jan-09-2015

Subject : Arbitration

the said letter did not amount to an acknowledgement within the meaning of S. 19 of the Limitation Act, 1908 which was then applicable to the suits, and lastly, that even if the said letter did amount to … virtue of disallowance of depreciation by assessing officer. In my view, Article 54 of the Schedule to Limitation Act does not apply to a money … unchallenged and which from their nature may reasonably be supposed to have affected the conduct of a large portion of the community in matters relating to rights of property: Young V. Robertson.” I have already said that … issued a Demand Notice upon the said M/s. Tata Finance Ltd. under Section 156 of the Income Tax Act which notice was received by the

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Oct 20 1978

State of Gujarat and ors. Vs. the Board of Trustees of Port of Kandla ...

Court : Gujarat

Decided on : Oct-20-1978

Subject : ConstitutionOther Taxation

Reported in : (1979)1GLR732

Government in exercise of powers conferred by Clause (a) of Sub-section (1) of Section 4 of the Indian Ports Act, 1908 (1908 Act) extended the provisions of the said Act to the Port of Kandla with effect from 1st … a Board shall be submitted to the Central Government for sanction and shall have effect when so sanctioned. Section 54 empowers the Central Government to require modifications or cancellation of such rates. If any Board fails or neglects

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