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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 … in Indian territory gets jurisdiction if this clause is attracted. This view of ours is further strengthened by Section 55 of the Act, which reads,'55. Liability of duty on goods transited under section 53 or transhipped under section

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Aug 21 2007

New Era Shipping Ltd. and Hatimi Steels Vs. M.V.P. Express and ors.

Court : Mumbai

Decided on : Aug-21-2007

Subject : Civil

Acts : Admiralty Courts Act, 1840; Admiralty Courts Act, 1861 - Sections 25, 33 and 35; Brussels Arrest Convention Act, 1852; Merchant Shipping Act, 1958 - Sections 3(55); Major Port Trusts Act, 1963; Indian Ports Act, 1908 - Sections 3(7); Colonial Courts of Admiralty Act, 1890 - Sections 2(2); Supreme Court Act, 1981; Civil Jurisdiction and Judgments Act, 1982; Customs Act; General Clauses Act; Bombay High Court (Original Sides) Rules - Rules 941 and 949; Supreme Court Rules, 1965 - Rules 4(3) and 11 - Orders 7 and 75

Reported in : 2008(1)ALLMR556; 2007(6)BomCR138; (2007)109BOMLR1875

in several statutes including Admiralty Courts Act, 1861, Merchant Shipping Act, 1958, Major Port Trusts Act, 1963, Indian Ports Act, 1908, as also the Dictionary meaning cited in the judgment of this Court pronounced in the case of m.v.SAABA … breaking activities of the applicant. He has confirmed that waterfront Plot No. 55 is under lease to the applicants from Gujarat Maritime Board for the … to hold/arrest any property. He has invited my attention to the Admiralty Courts Act 1861 and more particularly Section 25, 33 and 35 thereof. He has also invited my attention to the Colonial Courts of Admiralty Act

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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

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. … 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 … 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

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Jun 09 2000

G.C. Nagaraju Vs. the Executive Engineer, P.W.D., Mysore Division, Mys ...

Court : Karnataka

Decided on : Jun-09-2000

Subject : ContractLimitation

Acts : Limitation Act, 1963 - Sections 3- Schedule - Articles 18 and 55; Code of Civil Procedure (CPC), 1908 - Sections 80, Order 41, Rule 27; Madras Port Trust Act - Sections 110; Constitution of India - Article 136, 141; Limitation (Amendment) Act, 1908 - Schedule - Article 115, 120; Contract Act, 1872 - Sections 73

Reported in : ILR2000KAR5033; 2001(1)KarLJ71

v Sirajuddin) in similar set of circumstances held that word 'compensation' used in Article 115 of the Limitation Act, 1908 has the same meaning as it has under Section 73 of the Contract Act and that, where the … Accordingly to him, the case of the appellant squarely covered under Article 55 of the Limitation Act, 1963 (hereinafter referred to as the 'Act') and … defeat just claim of citizen came to be deprecated by the Supreme Court in a decision in Madras Port Trust v Hymanshu International by its Proprietor V. Venkatadri (dead) by L.Rs. 15. While taking me through the

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Feb 09 1955

Corporation of Calcutta Vs. Director of Rationing and Distribution

Court : Kolkata

Decided on : Feb-09-1955

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 … of the Act, i.e., the partdealing with the provinces. Federal property was thus clearly exempted from local taxation. Section 55, however, provides that the Government of a Province will not he liable to Federal taxation in respect of

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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 … in this sense in Rules 34, 38, 40, 41, 42, 54 and 55 of the Port Rules. But the term `landing place' would refer not … 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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Jan 12 2006

Nav Bharat Corporation Vs. Madhya Pradesh Electricity Board

Court : Madhya Pradesh

Decided on : Jan-12-2006

Subject : Trusts and Societies

Acts : Major Port Trust Act, 1963 - Sections 61 and 62; Indian Electricity Supply Act, 1948 - Sections 5 and 12; Limitation Act, 1963 - Schedule - Article 55; Contract Act, 1872 - Sections 73, 191 and 192; Code of Civil Procedure (CPC) , 1908 - Sections 20 - Order 6, Rule 14

Reported in : 2006(2)MPHT72; 2006(2)MPLJ306

plaintiff/respondent. It is also admitted that the appellant was to unload the goods at Port Bombay and other ports like Kandla, Calcutta, Madras and Cochin also.3. The case of the plaintiff in substance is as under :As … the dispute and wanted to settled the matter at rest.As per Article 55 of the Limitation Act Suit for compensation for the breach of any … the plaintiff. The defendant has further alleged that in violation of Sections 61-62 of the Major Port Trust Act the authorities without intimating to the defendant or/and the plaintiff sold few bundles by way of auction. Hence, … signature Civil - Jurisdiction - Section 20(c) of Code of Civil Procedure, 1908(CPC) - Whether present court has jurisdiction to deal with matter? - Held,

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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 … the duties of carrying out the provisions of the Act. Section 5 provides for the constitution of Commissioners. Section 55 provides that the Commissioners shall, for the purposes of the Act, have power to acquire and hold immovable

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May 02 1961

Commissioners for the Port of Calcutta and anr. Vs. Asit Ranjan Majumd ...

Court : Kolkata

Decided on : May-02-1961

Subject : Constitution

Acts : Constitution of India - Article 19 and 19(1); ;Calcutta Ports Act, 1889 - Sections 5 and 126(3); ;Dock Workers (Regulation of Employment) Act, 1948 - Section 3

Reported in : AIR1962Cal530

a citizen. The area of the Calcutta Port is defined by notification under Section 5 of the Indian Ports Act, 1908 and under Section 6 of which the Government has power to make Port Rules for various purposes mentioned … unless the previous sanction of the Central Government is first obtained for such sale, alienation or lease under Section 55 of the Act. Instances of extensive Government control and power over the Commissioners may be multiplied from other

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Mar 26 1957

Patit Paban Bose Vs. the Commissioners for the Port of Calcutta

Court : Kolkata

Decided on : Mar-26-1957

Subject : ServiceConstitution

Acts : Constitution of India - Articles 226, 311 and 311(2); ;Code of Civil Procedure (CPC) , 1908 - Order 6, Rule 2; ;Calcutta Port Act, 1890 - Section 31(1); ;Civil Service (Classification Control and Appeal) Rules - Rule 55

Reported in : AIR1957Cal720

be binding on anyone, including themselves. 14. Section 31 was amended in 1951 by the Port Trusts and Ports (Amendment) Act by which all the three Acts, relating to the Ports of Calcutta, Bombay and Madras, were … 12th of December, 1921 A report of the meeting is to be found at page 1131 of Volume 55 of the Proceedings of Meetings of the Port Commissioners. If we had to go by the resolution alone,

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