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Sahida Ismail Vs. Petko R. Salvejkov and ors.

Court : Mumbai

Subject : Civil

Acts : Colonial Courts of Admiralty (India) Act, 1891 - Sections 2; Colonial Courts of Admiralty Act, 1890 - Sections 3; Constitution of India - Articles 225 and 372; Admiralty Courts Act. 1961, Sections VI

Reported in : AIR1973Bom18; (1972)74BOMLR514; 1972MhLJ798

of the provisions of the bill of lading.32. The only question that has to be considered at present stage is whether in exercise of its admiralty jurisdiction such suit can be entertained. This issue has to be … call for orders, she carries her cargo into the English port within the meaning of the Admiralty Court Act, 1861, Section VI and though she be ordered to a foreign port, and there discharge her cargo, the Court of … of motion is argued are not as all in controversy. On December 17, 1970 the plaintiff consigned a cargo of 569 Metric Tonnes of Big … for the use or hire of a ship, or relating to the carriage of goods in a ship, and over any claim in tort with

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

be done in respect of inward cargo by reason of the substantive rights conferred by the Admiralty Court Act, 1861 read with the Colonial Courts of Admiralty Act, 1890, and other rules of law. The same principle must … controversy of territorial limits of the admiralty jurisdiction shall be dealt with by me little later at appropriate stage.12. What is clearly laid down by the Apex Court in respect of admiralty jurisdiction is that despite its … in respect of a substantive right. A right conferred by the Indian Carriage of Goods by Sea Act, 1925 in respect of outward cargo is … 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 … was established by a Charter dated 20th February, 1798. The Recorders' Court, however, was substituted by the

City Cold Storage Vs. State of Kerala

Court : Kerala

Subject : Sales Tax

Reported in : [1979]44STC312(Ker)

F. Evers, Vol. I, page 80, occurs the following:Since its inception in 1861, sharp freezing has been the most popular and widely used method of … than 0C by means of a cooling machine. The assessments in 1971-72 and 1973-74 were originally completed under Section 17 of the Act allowing exemption on the turnover of frozen meat. By exhibits P1(a) to P1(d) notices dated … --34.4C) is blown across the materials being frozen. (page 116)At page 111, reference is made to the three stages involved in low-temperature storage, namely, cooling, chilling and freezing. We quote the relevant passage:Temperatures employed in low-temperature storage.--Many … fish' for the purpose of a rate to be charged for railway carriage, and, if not, under what class it falls for the purpose of

Snp Shipping Services Pvt. Ltd. and ors. Vs. Kara Mara Shipping Co. Lt ...

Court : Mumbai

Subject : Civil

Reported in : 1997(4)ALLMR590; (1997)99BOMLR651

However this Court does not wish to enter into the merits or demerits of rival contentions at this stage of the matter as the Court is addressing itself only to the issue of existence of jurisdiction in … that this Court gels Admiralty Jurisdiction through various sources such as Admiralty Courts Act, to mention Admiralty Court Act (1861), Colonial Courts of Admiralty Act, 1890, Colonial Courts of Admiralty Act (India) 1891, Merchant Shipping Act and Carriage … 1996 01.02.1996G. Prabhakar v. M.V. YA Mawalaya2. 28.02.1996 17 of 1996 27.02.1996Thirthlal v. M.V. YA Mawlaya3. 27.02.1996 … practice, International convention as also from specific statutes like the said act, Carriage of Goods by Sea Act. Heavy reliance is placed in support of … the determination of issue of jurisdiction as preliminary issue as provided under Section 9A of the Code of Civil Procedure (Maharashtra Amendment). In as much

Brij Lal Suri Vs. State of Uttar Pradesh and ors.

Court : Allahabad

Subject : Civil

Acts : Registration Act, 1908 - Sections 2(6); Easements Act, 1882 - Sections 52; Code of Civil Procedure (CPC) , 1908 - Order 19, Rule 1; Contract Act, 1872 - Sections 2; Government of India Act, 1935 - Sections 175(3); Uttar Pradesh Concessions and Mineral Development Rules, 1940 - Rules 6, 31 and 33; Government of India Act, 1859; Constitution of India - Article 226; Limitation Act, 1908 - Sections 2(5) - Schedule - Article 120; Evidence Act, 1872 - Sections 114; Arbitration Act, 1940 - Sections 20

Reported in : AIR1954All393

hear and determine certain applications made to it in April, 1949, for the issue of permits to operate stage carriages. In my opinion the petitioner has a right which, in the absence of a specific legal remedy, is … undoubtedly it was doing) on a commercial basis, and was consequently unwilling to assist if it did not actively obstruct the activities of the Association. The meeting was held in Lucknow and was attended by Sri A.D. … on the ground that it is not in the form required by Section 175, Government of India Act, 1935, and is therefore null and void. … the five affidavits filed by way of rejoinder--four by Brijlal Suri on 17-3-1952, and one by Madan Gopal Suri on 29-4-1952, should also be excluded

Ramchandra and anr. Vs. Shivnarayan and ors.

Court : Madhya Pradesh

Subject : Motor Vehicles

Reported in : 2007ACJ1661

of access, including any place or stand at which passengers are picked up or set down by a stage carriage.7. There is no dispute that tractor is a motor vehicle covered by Clause (28) of Section 2 … access, including any place or stand at which passengers are picked up or set down by a stage carriage.7. There is no dispute that tractor is a motor vehicle covered by Clause (28) of Section 2 of … appeals, this Court is of the view that multiplier of 13 and 17 respectively would be appropriate to determine the loss of future dependency in … to be resolved in the light of provisions of the Motor Vehicles Act, 1988 and the law laid down in various authoritative pronouncements.6. Clauses (28)

M.V. sea Success I Vs. Liverpool and London Steamship Protection and I ...

Court : Mumbai

Subject : Civil

Acts : Admiralty Courts Act, 1861 - Sections 5; Code of Civil Procedure (CPC) , 1908 - Order 7, Rule 11

Reported in : 2002(2)BomCR537

respect of a ship amounts to 'necessary supplies' within the meaning of section 5 of the Admiralty Courts Act, 1861 so as to constitute maritime claim?2. The aforesaid question is also involved in Appeal No. 739/2000 arising out … to both appeals, there are distinct and separate issues involved which we shall deal with at an appropriate stage.3. At the outset, we may observe that we afforded extensive hearing to the learned Counsel appearing in the … use or hire of a ship or an agreement relating to the carriage of goods in any ship and, also not a maritime claim under … relied upon the judgment in Caterpill Finance v. Alential Chalice, 1994 AMC 1767, m.v. Tiang Yung v. Shaw Wallace, : AIR1988AP331 , (m.v. Agios Nikolaos),

Liverpool and London S.P. and I Asson. Ltd. Vs. M.V. Sea Success I and ...

Court : Supreme Court of India

Subject : Civil

Acts : Code of Civil Procedure (CPC) - Sections 44A, 104 and 117 - Order 7, Rules 11, 11A and 14 - Order 37 - Order 43, Rule 1 - Order 49, Rule 3; Admiralty Courts Act, 1861 - Sections 1, 1(4), 5 and 6 ;Admiralty Courts Act, 1840; Supreme Court of Judicature (Consolidation) Act, 1925 - Sections 22 and 22(1); Administration of Justice Act, 1956 - Sections 20(2) and 47(2); Inland Vessels Act, 1917; Merchant Shipping Act, 1956; Multimodal Transportation of Goods Act, 1993 - Sections 7 and 7(1); Colonial Courts of Admiralty Act, 1890 - Sections 2; Colonial Courts of Admiralty (India) Act, 1891 - Sections 2; Merchant Shipping Acts, 1894 to 1923; Supreme Court of Judicature Act, 1873; Administration of Justice Act, 1920; Admiralty Jurisdiction Regulation Act, 1983; Merchant Shipping (Oil) Polluti

Reported in : JT2003(9)SC218; 2003(10)SCALE1; (2004)9SCC512; MANU/SC/0951/2003

but a principled, yet pragmatic, value-laden and result-oriented, set of propositions applicable to and conditioned by a concrete stage of social development of the nation and aspirational imperatives of the people. India Today - that is the … of unpaid insurance premium was not a 'necessary' within the meaning of Section 5 of the Admiralty Courts Act, 1861. A learned Single Judge of the High Court after hearing the Notice of Motion by an order dated … Financial ResponsibilityAn interim application procedure is set out in ADEC's letter of 17 July 2000, which is attached. Owners or operators' of non-tank vessels covered … use or hire of a ship; (b) any claim relating to the carriage of goods in any ship; and (c) any claim in tort in

Crown Maritime Co. (i) Ltd. Vs. Barge Salina Ii and ors.

Court : Mumbai

Subject : Civil

Acts : Admiralty Courts Act, 1840 - Sections 6; Admiralty Courts Act, 1861 - Sections 5, 6 and 7; Colonial Courts of Admiralty Act, 1890; Administration of Justice Act, 1920; Judicature Act, 1873; Supreme Court Act, 1981

Reported in : 2008(1)BomCR143

clear. It specifies that permission/license must be obtained by the defendants. In any event, no argument at this stage is permissible with regard to the binding nature of this clause. Even consequences are set out in Clause … foreign flag vessel.18. Mr. Pratap has relied upon 1861 Act and more particularly Section 5 of Admiralty Courts Act, 1861. He submits that it is an Act extending jurisdiction and practice of Admiralty. The High Court of Admiralty … use or hire of a ship; (b) any claim relating to the carriage of goods in any ship, and (c) any claim in tort in … 16th August, 2007, the necessary documents to D.G. Shipping by the MMD.On 17th August, 2007, plaintiffs called upon the defendant No. 2 to pay demurrage

Mayar (Hk) Limited and anr. Vs. Owners and Parties Interested in the V ...

Court : Chennai

Subject : Civil

Acts : Colonial Courts of Admiralty (India) Act, 1891 - Sections 2; Merchant Shipping Act, 1958 - Sections 2(15) and 443

Reported in : AIR2003Mad422

correspondence between them. It is not possible to assess the evidentiary value of the documents at this interlocutory stage. What has to be decided now is whether the applicant as observed by the Supreme Court in Videsh … on pertain High Courts should remain frozen as on the date of the passing of the Admiralty Court Act, 1861 and the subsequent changes in the law of Great Britain should not widen the jurisdiction of the Indian … in respect of a substantive right. A right conferred by the Indian Carriage of Goods by Sea Act, 1925 in respect of outward cargo is … of its provisions are specifically stated. The High Court is defined under Section 3(15) as follows : '3(15). 'High Court', in relation to a vessel,