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Villianur Iyarkkai Padukappu Maiyam Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Subject : CivilCommercial

Acts : Major Ports Trust Act; Government of Union Territories Act, 1963 - Sections 18, 46 and 50; Business of the Government of Pondicherry Rules, 1963 - Rule 5 and 5(2); Indian Major Ports Act, 1908; Indian Ports Act, 1908 - Sections 3(9); Pondicherry (Administration) Act, 1962 - Sections 5; Pondicherry Administration Regulations Act, 1963 - Sections 3; Pondicherry (Laws) Regulation, 1963 - Regulations 2 and 6; Pondicherry (Alteration of name) Act, 2006 - Sections 4; Environment Protection Act; General Financial Rules, 1963; Supreme Court Orders, 1960 - Order 16; Supreme Court Rules, 1960 - Rule 4(1); Delegation of Financial Rules - Rule 21; Constitution of India - Articles 162, 239, 239A and 240

Reported in : JT2009(8)SC339; (2009)7SCC561; 2009(8)LC3627(SC); [2009] 9 SCR 225

ports can be undertaken by the respective State Government after formulating its own guidelines and modalities. The Indian Ports Act, 1908 permits the State Government to develop the minor ports. By virtue of power vested in the Parliament by … personal selection, is rejected.22.The contention that a conjoint reading of Article 239 and 239A of the Constitution and Sections 46, 50 of the Government of Union Territories Act read with Rule 5 of the Rules of Business … the special leave petitions.2. Appeal arising from Special Leave Petition (C) No. 9988 of 2007 is directed against judgment dated August 10, 2006, rendered by

Mr. Kamla Kant Dube and Another Vs. M.V. Umang and Others

Court : Mumbai

Subject : Commercial

Acts : Code of Civil Procedure (CPC), 1908 - Sections 9-A, 20 and 120; Colonial Courts of Admiralty Act, 1890 - Sections 2(1), 3 and 7; Constitution of India - Articles 14, 21, 214, 215, 225, 226 and 372; States Reorganisation Act, 1956 - Sections 8, 49 and 52; Bombay Reorganisation Act, 1960 - Sections 3, 28, 30 and 37; Evidence Act, 1872 - Sections 58; Fatal Accidents Act, 1855 - Sections 1 and 2; Indian Ports Act, 1908; Colonial Courts of Admiralty (India) Act, 1891; Sea Act, 1925; Merchant Shipping Act, 1958 - Sections 3(15); Admiralty Court Act, 1861 - Sections 6; Criminal Law Amendment Act, 1952 - Sections 7(2)

Reported in : AIR2000Bom211; 2000(2)ALLMR48; 2000(2)BomCR556

Bombay Land Revenue Code along with English translation of relevant extract, marked Annexure C, the notification extending Indian Ports Act, 1908 to the Port of Kandla with effect from April 1, 1950 marked Annexure 'D' and the certificate by … claim as and by way of damages for the estate of the deceased is under the provisions of section 2 (proviso) of the Fatal Accidents Act, 1855 and compensation for the loss of dependency under provisions of … Apex Court in M.V. Elisabeth particularly paragraphs 66, 82, 83, 89 and 93. The said paragraphs read thus:---66. It is likewise within the competence of

V.M. Salgaocar and Bros. Vs. Board of Trustees of Port of Mormugao and ...

Court : Supreme Court of India

Subject : LimitationCivil

Acts : Major Port Trust Act, 1963 - Sections 48 and 120; Mormugao Port (Shipment of Ore and Pellets from Mechanised Ore Handling Plant at berth no. 9 and related matters) Regulations, 1979; Code of Civil Procedure (CPC) - Sections 80 - Order 12, Rule 6; Constitution of India - Articles 14, 19, 19(1), 134 to 137 and 149; Limitation Act - Sections 3, 5, 4 to 24, 29 and 29(2); Bombay Port Trust Act, 1879 - Sections 64A and 87; Bombay Municipal Corporation Act - Sections 527; General Clauses Act; Arbitration and Conciliation Act, 1996 - Sections 34 and 131; Excise Act; Customs Act; Income Tax Act; Railways Act; Land Acquisition Act; Indian Ports Act, 1908

Reported in : AIR2005SC4138; 2005(5)BomCR374; JT2005(3)SC607; (2005)140PLR743; (2005)4SCC613; [2005] 3 SCR 27

guaranteed under Article 14 and 19(1)(g) of the Constitution.41. In the end Mr. Nariman submitted that the Indian Ports Act, 1908 was still applicable to various ports including Panjim Port in Goa. In the case of exporters like the … dated 30th December, 1991 on the ground that the same was not maintainable for want of notice under Section 120 of the Major Port Trust Act, 1963 (hereinafter referred to as 'the Act') and that the suit … of reclaimed no.2 and port and dock workers strike, which amounted to 90,000 tonnes, 70,000 tonnes and 1,54,000 tonnes respectively, thus totalling 3,14,000 tonnes. Alternatively,

Andhra Civil Construction Company Vs. the Government of India, Rep. by ...

Court : Chennai

Subject : Constitution

Acts : Constitution of India - Articles 14, 19(1) and 226; Major Port Trusts Act, 1963 - Sections 111; Code of Civil Procedure (CPC), 1908 - Sections 9

Reported in : AIR1991Mad119; (1992)IMLJ93

Articles 14, 19(1), and 226 of Constitution of India, Section 111 of Major Port Trusts Act, 1963 and Section 9 of Code of Civil Procedure, 1908 - tender submitted by petitioner rejected - contention that said rejection was … the Ministry of Shipping may be advised to recommend banning of business dealings with the firm by the Ports' made in the said report.2. Writ Petition No. 916 of 1988 is filed by the petitioner company praying

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 … 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

Sampath Kumar Vs. Ayyakannu and anr.

Court : Supreme Court of India

Subject : CivilProperty

Acts : Code of Civil Procedure (CPC) - Order 6, Rule 17

Reported in : AIR2002SC3369; 2002(6)ALD63(SC); 2002(4)ALLMR(SC)866; 2003(1)AWC18(SC); 2002(51)BLJR93; [2003(1)JCR283(SC)]; JT2002(7)SC182; (2002)3MLJ160(SC); RLW2003(1)SC49; 2002(6)SCALE; (2002) 7 SCC 559

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 … had acted arbitrarily or that the letter of intent was issued to favour Respondent 11 with oblique motives. Section 11:Res judicata Concession made before High Court Effect - Government of Pondicherry selecting S as developer for development

Great Eastern Shipping Co. Ltd. and anr. Vs. Union of India and anr.

Court : Delhi

Subject : CustomsCivil

Acts : Ports Act, 1908 - Sections 3(6); Constitution of India - Article 226

Reported in : AIR1989Delhi289; 1994LC679(Delhi); 1992(58)ELT374(Del)

calling at Paradip Port have been changed from 'Net Register Tonnage (for short 'N.R.T.') as stipulated under Indian Ports Act 1908 (for short the 'Act') to 'Gross Register Tonnage (for short 'G.R.T.'). According to the petitioners, the change so … in the Ministry of Shipping and Transport (Ports Wing) No. GSR-692(E) dated 9th November 1977, the Central Government hereby directs that with effect from the … read with first schedule thereof, port dues are to be levied 'per ton' which expression is defined under Section 3(6) of the Act to mean a ton as determined or determinable by the rules for the time

Sun Export Corporation and anr. Vs. Board of Trustees of the Port of B ...

Court : Supreme Court of India

Subject : Customs

Acts : Customs Act, 1962 - Sections 111 and 125; Imports and Exports (Control) Act, 1947 - Sections 3(2); Major Port Trusts Act, 1963 - Sections 2, 63; Bombay Port Trust Act, - Sections 3(5)

Reported in : AIR1997SC4044; 1997(96)ELT3(SC); JT1997(8)SC530; 1997(6)SCALE553; (1998)1SCC142; [1997]Supp4SCR682; 1997(2)LC786(SC)

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 … vide his order dated 28-2-1976 found that the goods covered by the consignment were liable to confiscation under Section 111(d) of the Customs Act, 1962 for various reasons detailed in the order. Option to redeem the goods

Trustees of the Port of Madras Vs. Home Insurance Co. Ltd.

Court : Chennai

Subject : ContractLimitation

Acts : Madras Port Trust Act, 1905 - Sections 6, 39, 39(1), 40, 41, 41A, 104, 110 and 111; Evidence Act, 1872 - Sections 102; Contract Act, 1872 - Sections 151, 152 and 161; Madras General Clauses Act, 1891 - Sections 3(2) and 3(22); General Clauses Act, 1897 - Sections 3(42); Marine Insurance Act, 1963 - Sections 79; Transfer of Property Act, 1882 - Sections 92, 130A and 135A; Limitation Act, 1908 - Schedule - Article 120

Reported in : AIR1970Mad48

run will as a rule continue to do so. No subsequent disability or inability to sue stops it--see Section 9 of the Limitation Act, 1908. The learned Judge at the trial, when he observed that the subrogee is … in Singapore Harbour by the Singapore Harbour Board which under the Singapore Ports Ordinance was authorised to carry on the business of wharfingers and warehousemen … did not at all include suits by the insurer-subrogee within its scope. Article 120 of the Indian Limitation Act, 1908, the residual article, would apply, and these suits would be perfectly within time.6. But, on deeper scrutiny, I

The Trustees of the Port of Madras, Represented by the Chairman, Madra ...

Court : Chennai

Subject : Insurance

Reported in : (1968)2MLJ497

run will as a rule continue to do so. No subsequent disability or inability to sue stops these Section 9 of the Limitation Act, 1908. The learned Judge at the trial, when he observed that the subrogee is … in Singapore Harbour by the Singapore Harbour Board which under the Singapore Ports Ordinance was authorised to carry on the business of wharfingers and warehousemen … did not at all include suits by the insurer-subrogee within its scope. Article 120 of the Indian Limitation Act, 1908, the residual article, would apply, and these suits would be perfectly within time.6. But, on deeper scrutiny, I