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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 … brief in the background of dispute reference requires to be made to another suit being Adm. Suit No. 61 of 1996 which was filed by Abhay Ocean (defendant No. 4 in this Suit) in this Court against

The Trustees of the Port of Bombay Vs. Jayantilal L. Gandhi

Court : Mumbai

Subject : CustomsLimitation

Acts : Bombay Port Trust Act, 1879 - Sections 61-A(2), 64, 64-A, 67, 67-A and 85; Limitation Act, 1963 - Sections 30 - Schedule - Article 113; Limitation Act, 1908 - Schedule - Article 120

Reported in : AIR1979Bom12; (1978)80BOMLR393; 1979MhLJ411

limitation.8. Mr. Daji, on the other hand, on behalf of the appellants, submitted that as under the Limitation Act, 1908, under Article 120 thereof, the limitation prescribes for such suits was six years, having regard to the provisions … on one point, viz, the bar of limitation.2. It is the case of the appellants Trustees of the Port of Bombay that the consignment of 629 coil wire shorts arrived at Bombay by s. s. 'Indian Reliance' … within seven day a from the date of landing, as provided under Section 61-A (2) of the Bombay Port Trust Act, 1879 (hereinafter referred to

The Principal Collector of Customs and the Union of India (Uoi) Throug ...

Court : Mumbai

Subject : Civil

Acts : Customs Tariff Act, 1975; Major Port Trusts Act, 1963 - Sections 61, 62 and 120; Code of Civil Procedure (CPC) , 1908 - Sections 2(2), 2(9) and 2(14) - Order 8, Rules 5, 5(1) and 10 - Order 9, Rule 13

Reported in : 2007(4)ALLMR477; 2008(1)BomCR494; 2007(6)MhLj225

days, otherwise the same would be sold under the provisions of Sections 61 and 62 of the Major Port Trusts Act, 1963 on 20th August, 1990. A letter was addressed by the respondent No.1 to the respondent … Judge purportedly exercising the powers under Order 8 Rule 5 and/or 10 of the Code of Civil Procedure, 1908 while disposing the suit.4. In the year 1988, the respondent No.1 sought to import from U.S. and Japan … 10 days, otherwise the same would be sold under the provisions of Sections 61 and 62 of the Major Port Trusts Act, 1963 on 20th

Lakshman Gowroji Nakhwa Vs. Ramji Antone Nakhwa

Court : Mumbai

Subject : PropertyCivil

Reported in : AIR1921Bom93; (1921)23BOMLR939

as to removing obstructions and paying compensation will be found in Sections 10 and 12 of the Indian Ports Act, 1908, which was amended by Act VI of 1916, but I do not think I need pursue that.64. Then … to the earth.'57. He next relies on the definition of easement in the Indian Limitation Act IX of 1908. Section 2(5) says: -Easement' includes a right not arising from contract, by which one person is entitled to remove … each other, and not in a spirit of malice or rapacity.' (p. 61).81. In Naraaayya v. Sami I.L.R (1888) Mad. 43the stake fishermen got further

Jayantilal Dharamsi and ors. Vs. Board of Trustees of Port of Bombay

Court : Mumbai

Subject : TenancyConstitution

Acts : Major Port Trusts Act, 1963 - Sections 33, 34, 49 and 52; Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 - Sections 4(1); Constitution of India - Articles 14 and 19

Reported in : 1991(2)BomCR283; (1990)92BOMLR596

upon the declaration about the limits of the Port of Bombay issued under section 5 of the Indian Ports Act, 1908. Now so far as this notification dated 28th October, 1972 issued by the Government of India in the … 13,398.103) Janata Iron & Trading Co. - W.P. No. 90/83.1960 100.281969 173.201972 219.001976 341.011977 395.761978 450.511979 505.251980 560.011981 614.761982 2,111.364) Indian Cable Co. Ltd. - W.P. No. 984/83.1960 604.431968 805.911972 1,007.391976 1,511.091977 1,762.931978 2,014.781979 2,266.631980 2,518.481981 2,770.331982

American President Lines Ltd. and anr. Vs. Board of Trustees of the Po ...

Court : Mumbai

Subject : ContractCivil

Acts : Major Port Trusts Act, 1963 - Sections 61; Code of Civil Procedure (CPC) , 1908 - Order 39, Rules 1 and 2; Contract Act, 1872 - Sections - 171

Reported in : AIR2004Bom162; 2004(4)BomCR809; 2005(1)CTLJ125(Bom)

plaintiff No. 2 has been appointed as its agent since Feb. 1998. The defendant No. 1 is the Port Trust constituted under the Bombay Public Trust, 1879 and functioning under the Major Port Trust Act, 1963. The … taking any coercive steps for the recovery of the demurrage and other charges and exercising a lien under Section 171 of the Contract Act.4. The learned counsel contended that even though the goods were delivered to the

Ali Mahomed Eid Vs. Fatima Mahomed Ebrahim

Court : Mumbai

Subject : FamilyCivil

Reported in : AIR1919Bom37; (1919)21BOMLR713; 51Ind.Cas.968

wife to recover arrears of maintenance for her child is governed by Article 62 of the Indian Limitation Act, 1908. - Section 31(4) (since repealed) :[Tarun Chatterjee & H.L.Dattu, JJ] Jurisdiction of High Court - Respondent, a Government … or whether it must be limited according to the provisions of Article 61 of the Limitation Act. That Article provides a limitation where the suit … Togo to West Coast India - Dispute arose between parties - Under agreement, respondent had chosen Mumbai as port of delivery Vessel carrying Rock Phosphate was delivered at port of Bombay - Application filed by respondent earlier

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 … be questioned. -Where an instrument has been admitted in evidence, such admission shall not, except as provided in section 61, be called in question at any stage of the same suit or proceeding on the ground that the … (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 … find no merit in the said contention. Recovery: Memorandum of Discovery Panchnama 61) The Memorandum of Panchnamas (Exh. Nos. 439 and 439A) were recorded between … 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

The Trustees of the Port of Bombay Vs. the Premier Automobiles Ltd.

Court : Mumbai

Subject : Commercial

Acts : Bombay Port Trust Act, 1879 - Sections 4, 16A, 18, 28, 29, 30, 61A, 61A(1), 61-B, 62, 63, 64, 64-A, 66, 67, 73, 87, 87(1), 87(2) and 148; Constitution of India - Articles 14 and 19(1); Indian Contract Act, 1872 - Sections 151, 152 and 161; Code of Civil Procedure (CPC), 1908 - Sections 20

Reported in : AIR1971Bom317; (1971)73BOMLR1

Premier Automobiles Ltd., the plaintiffs, are engaged in the manufacture of cars in Bombay. The trustees of the Port of Bombay are the defendants. The Plaintiffs imported under a licence 13 cases of machinery from Ming antis … statutory notice upon Port Trust Authorities on 5th June 1960. They alleged that the damage resulted 'owing to acts of negligence, malfeasance and non-feasance on the part of the administration at the Docks and/or acts of misconduct … defendants or its employees and denied that they were liable because of Section 87 of the Bombay Port Trust Act and the Docks bye-laws, particularly … liable for breach of the statutory duty imposed upon them under Section 61B of the Bombay Port Trust Act and he has negatived the exoneration