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Dnynoba Gangaram Vs. Dattoba Balappa
Mumbai
Mar-20-1946
PropertyLimitation
AIR1947Bom152; (1946)48BOMLR629
way of security, and admittedly the defendant failed to deliver possession either to Eknath or to the plaintiff. Section 68, Sub-section (1), Clause (d),, of the Transfer of Property Act, provides that a mortgagee has a right to … 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 … due, it was time-barred under Article 132 of the Indian Limitation Act, 1908.;Lal Narshingh Partan v. Mohommad Yakub Khan (1989) 31 Bom. L.R. 825, P.C.
Tag this Judgment! AI Brief & AskLakshman Gowroji Nakhwa Vs. Ramji Antone Nakhwa
Mumbai
Apr-12-1920
PropertyCivil
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
Tag this Judgment! AI Brief & AskCorporation of Calcutta Vs. Director of Rationing and Distribution
Kolkata
Feb-09-1955
Criminal
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
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the proviso to Section 20 goods belonging to Government were expressly exempted.Section 1(4) of the now repealed Indian Ports Act of 1889 exempted-from the operation of the.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 … the Central Legislature required the assent of the Governor General under Section 68/2 before it could become an Act and where the Governor General reserved
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M/s N.n. Global Mercantile Private Limited Vs. M/s Indo Unique Flame L ...
Supreme Court of India
Apr-25-2023
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 … of rescission, its possibility is indispensable to the right to rescind. Again, 68 delay in election may make it unjust that the right to elect … Section 11. The Court referred 3 (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 whether an Arbitration Agreement existed or
Tag this Judgment! AI Brief & AskR. Sarangapani and anr. Vs. the Port Trust of Madras
Chennai
Feb-26-1960
Constitution
Madras Port Trust Act, 1905 - Sections 39, 39(1) and 95(4); Constitution of India - Articles 12, 13(3), 19(1), 19(6) and 367; General Clauses Act, 1897 - Sections 3(31); Sea Customs Act, 1878
AIR1961Mad234; (1961)1MLJ57
Board the power to make by-laws not inconsistent with the provisions of the Act or of the Indian Ports Act, 1908, inter alia 'for the reception, porterage, storage and removal of goods brought within the premises of the Board … Vehicles Rules was ultra vires, as it was beyond the rule making power conferred on the Government by Section 68 of the Act. In dealing with this question, the learned Judge adverted to Section 68 of the Motor
Tag this Judgment! AI Brief & AskS.K.S. Logistic Ltd., Mumbai Vs. Oil and Natural Gas Corporation Ltd., ...
Chennai
Jul-15-2016
Arbitration
Arbitral Tribunal shall not be bound by the Code of Civil Procedure, 1908 or the Indian Evidence Act, 1872. 27. The strict adherence of the … passed in O.P.No.153 of 1999. 2. The first respondent herein filed O.P.No.153 of 1999, praying to set aside portion of the Award, dated 18.11.1998 with respect to claim No.6 and Counter claim Nos. 2,4,5,6,7 and 8 and … the contract. The learned Single Judge traversed beyond the scope of Section 34 of the Arbitration and Conciliation Act, 1996, interpreting the terms of the contract, which is impermissible in law and re-appreciating the evidence, by holding
Tag this Judgment! AI Brief & AskJsw Steel Ltd. versus the Board of Trustees of the Mumbai Port Trust M ...
Supreme Court of India
Feb-14-2025
Land Acquisition
[2025]2S.C.R.701
amount deposited in the court by the appellant and disposed of the writ petition as being infructuous. Headnotes† Ports Act, 1908 - s.14 - Raising or removal of wreck impeding navigation within limits of port - Appellant called upon … Notice/Communication dated 19.04.1995 issued by the then Deputy Conservator of respondent no.1, which specifically states that power under Section 14(1) 1 of the Indian Ports Act, 1908 2 was being exercised and the appellant (in its then … Territory of Ladakh v. Jammu and Kashmir National Conference [2023] 12 SCR 68 : 2023 SCC OnLine SC 1140 - relied on. List of Acts
Tag this Judgment! AI Brief & AskG.C. Sharma Vs. Municipal Corporation of Delhi
Delhi
Aug-24-1979
Limitation
Delhi Municipal Corporation Act, 1957 - Sections 430; Limitation Act, 1908 - Schedule - Article 2
ILR1979Delhi771b
of the act is such that it was not a continuing wrong. Secondly s. 23 of the Limitation Act, 1908, which speaks of 'continuing wrongs' has no application to Delhi Municipal Corporation Act, a special Act by virtue … approved by the division bench in Port Commissioner Calcutta' v. Abdul Rahim, 68 C.W.N. 814. There is yet another reason. S. 477 of the Act … to act in pursuance of the statute as are to be found in S. 142 of the Calcutta, Port Act (Be. Act Iii of 1890). The Calcutta Act of 1890 came for interpretation before the Judicial Committee … be instituted after the lapse of six months as specified in the section. It is quite clear that if the statute applies the suit is
Tag this Judgment! AI Brief & AskDivya Export Enterprises Vs. ProducIn Private Ltd.
Karnataka
Mar-10-1990
Company
Indian Contract Act - Sections 230; Companies Act, 1956 - Sections 433
[1991]70CompCas760(Kar); ILR1990KAR1610
it makes no difference. Even if the said Will is registered under the provisions of the Indian Registration Act, 1908 whether the execution of the Will is admitted or denied, it is necessary to call an attesting witness … consider whether the Will that is executed is in accordance with Section 63 of the Act read with Section 68 of the Evidence Act. -- Section 63 r/w Section 68: Execution of a Will - Attestation and Execution … be of Tanzanian origin and the shipment was to come from Mombasa port. The price negotiated and agreed was US dollars/1,300 per metric ton, C
Tag this Judgment! AI Brief & AskRamdutt Ramkissen Dass Vs. E.D. Sassoon and Company
Mumbai
Jan-24-1929
ArbitrationCivil
(1929)31BOMLR741
been brought.10. The first question of law which arises is the important general one, whether the Indian Limitation Act, 1908, applies to arbitration proceedings. The relevant section of that Act is Section 3-Subject to the provisions contained in … 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 … he accordingly did, and in the end made an award of Rs. 68,574. His award, which was dated September 28, 1916, was duly filed and
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