Advanced Search Results

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

(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 … date when the said Rules came into force (on 15.4.1984), under Rule 64 read with Entry 21 (4)(A-iv) in the First Schedule of the said … 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

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

Court : Mumbai

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 … that allotment should be enforced. Chapter VII deals with miscellaneous matters. Rules 64 which comes under this Chapter reads as follows :--'R. 64 :-- Levy

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 … of by a public auction in accordance with the provisions of Ss. 64 and 64-A of the Act, on February 6, 1964. At the said … 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

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

Court : Gujarat

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 … think fit. Section 57 bars the Board from releasing rates without the prior sanction of the Central Government. Section 64 lays down that if the master of any vessel in respect of which any rates or penalties are

Commissioner of Income-tax (Central-ii), Calcutta Vs. M/S. Duncan Brot ...

Court : Supreme Court of India

Subject : Direct Taxation

Acts : Super Profits Tax Act, 1963 - Rule 1; Companies (Profits) Surtax Act, 1964 - Rule 1; Income Tax Act, 1961 - Sections 256(1); Companies Act, 1956

Reported in : 1996IIAD(SC)395; AIR1996SC3094; (1996)133CTR(SC)76; [1996]219ITR121(SC); JT1996(2)SC316; 1996(2)SCALE132; (1996)8SCC31; [1996]2SCR492

be undertaken while developing a port cannot be stopped by merely naming them as real estate business. INDIAN PORTS ACT, 1908 Sections 4(1), 6(1) & 3(9) & (8): Minor ports - Jurisdiction to undertake development and privatization of Pondicherry … is an appeal from a decision of the Calcutta High Court in a Reference made to it under Section 256(1) of the Income-Tax Act, 1961.2. The assessee is a company and the accounting years involved are the

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

The Trustees of the Port of Madras by Its Chairman Vs. K.P.V. Sheik Mo ...

Court : Supreme Court of India

Subject : Commercial

Acts : Indian Contract Act - Sections 148, 151, 152 and 161

Reported in : [1963]Supp2SCR915

passengers or goods excepting the services in respect of vessels for which fees are chargeable under the Indian Ports Act, 1908 (XV of 1908).' 18. Section 44 provides that every scale and every statement of conditions framed by the … but not fully or properly utilised ----------------------------------------------------------------Item Classification for purposes Charges PayableNo. of this Scale.----------------------------------------------------------------1. Port Trust Mazdoors 64 nP. per mazdoorrendered idle on account of per hour in the casethe breakdown of ship's of 8 hr.

Hindusthan Paper Corporation Ltd. Vs. Wellbrines Chemicals Private Ltd ...

Court : Kolkata

Subject : Arbitration

Acts : Major Port Trust Act, 1963 - Section 48; ;Arbitration Act, 1940 - Sections 30, 33 and 39AA; ;Evidence Act, 1872 - Sections 91, 92, 115 and 116

Reported in : (2002)3CALLT114(HC)

Ministry of Shipping and TransPort. The said notification was issued under Section 5 of the India Port Trusts Act, 1908 and Section 2(q) of Major Port Trusts Act, 1963. Under the said notification, the limits of Port of … the petitioner invited a tender for transportation of approximately 25,000 MT to 50,000 MT of coal from the Port of Haldia to the Port of Cochin. The said coal was required for the consumption of the subsidiary … the context of the peculiar facts and circumstances of the cases', (page 641 of the report)55. After making those observations, the learned judges found that

Bay Shipping Company Pvt. Ltd., Visakhapatnam Vs. Board of Trustees, V ...

Court : Andhra Pradesh

Subject : ConstitutionCommercial

Acts : Constitution of India - Article 226; Merchant Shipping Act, 1953 - Sections 426; Major Port Trust Act, 1963 - Sections 64, 120 and 123; Code of Civil Procedure (CPC), 1908 - Order 23, Rule 1

Reported in : 1999(2)ALD198; 1999(2)ALT341

excise and custom duty as per the law. The impugned sale by tender is also in contravention of Section 64 of the Major Port Trust Act, 1963, since in the instant case there has been no refusal or … the third respondent M/s. T.S. Enterprises, Visakhapatnam and with a consequential direction to the 1st respondent i.e., Visakhapatnam Port Trust to redeliver the said vessels to the petitioner, after setting aside the auction sale dated 9-2-1996.2. In

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 … which he could have been, if the representation had not been made. In this context, we may notice, Section 64 of the Contract Act: “64. Consequences of rescission of a voidable contract.-.When a person at whose option a … (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