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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

submission of Mr. Bharucha is that a perusal of maritime claim enumerated in Admiralty Court Act, 1840 and 1861, section 22 of the Supreme Court of Judicature Act, 1925, the 1952 Brussels Arrest Convention and the Administration of Justice … 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

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 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 … 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 … England. The Court of Admiralty in England at present exercised such jurisdiction in view of the provisions of Section 22 (1) (a) (xii) of the Supreme Court of Judicature (Consolidation) Act, 1925 (15 and 16 Geo 5 Chapter … 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

Mohammad Ibrahim Vs. State of U.P. and ors.

Court : Allahabad

Subject : Constitution

Acts : Constitution of India - Articles 14, 245, 301 and 305; Indian Tolls Act, 1851 - Sections 2

Reported in : AIR1967All24

to be given to those questions. This order will govern all these writ petitions.2. The petitioners ply their stage carriages on the Muzaffaranagar--Budhana--Kandhla--Isoopur route. This route crosses two rivers, namely river Hindon at Budhana and river Krishna at … so the State Government, by a notification dated October, 30, 1956, extended the provisions of the Indian Tolls Act, 1861, to the whole of Uttar Pradesh. The relevant portion of Section 2 of the Indian Tolls Act, 1851, … he, on the next date of hearing produced a notification dated March 22, 1963 This notification purports to supersede the notification of November 1, 1956,

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 … 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 … 18 of 1996 27.02.1996Pawan Singh v.M.V. YA Mawalaya4. 22.03.1996 25 of 1996 22.03.1996H.D. Mohomed v. M.V. YA

Srinibash Prasad Singh Vs. Kesho Prasad Singh

Court : Kolkata

Subject : Civil

Reported in : (1911)ILR38Cal754

a matter upon which the Court is not called upon to form a definite opinion at the present stage of the proceedings. The point for determination now is, whether the appellants have satisfied the. Court that substantial … under Section 40 of the Statute 21 and 22 Victoria, Chapter 106. The learned Counsel for the … T.R. 169 : 1 R.R. 455, Attorney-General v. Dublin Corporation (1841) 1 Dr. & War. 545, Ashbury Railway Carriage Co. v. Rinhe (1875) L.R. 7 H.L. 653, Grant v. Secretary of State for India (1877) 2 C.P.D. … his behalf. On the 5th February, 1909, Kesho Prasad Singh commenced an action in the Court of the Subordinate Judge of Shahabad for declaration of … Tribeni Sahu v. Bhagwat Bux (1907) I.L.R. 34 Cale. 1037, 1057. By Sections 12 and 14 of Regulation 5 of 1793 and Sections 10 and

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. … Mootham, J. 1. This is a petition under Article 226 of the Constitution. The petitioner is the karta of a joint Hindu

R.T.O. Vs. Sajith

Court : Kerala

Subject : Motor Vehicles

Acts : Kerala Motor Vehicles Taxation Act, 1976 - Sections 5, 5(1) and 11; Kerala Motor Vehicles Taxation Rule - Rule 10; Kerala Motor Vehicles Taxation Ordinance, 1975 - Sections 22

Reported in : 2006(1)KLT936

Revision filed by the assessee before the Transport Commissioner was also rejected.3. Petitioner is the registered owner of stage carriage KL.5/A 3131 operating on the route Palakkad Thacharpady. Tax in respect of the vehicle was paid upto … Transport Commissioner was also rejected.3. Petitioner is the registered owner of stage carriage KL.5/A 3131 operating on the route Palakkad Thacharpady. Tax in respect of … Relevant portion of the SRO is extracted below:S.R.O. No. 878/75 -- In exercise of the powers conferred by Section 22 of the Kerala Motor Vehicles Taxation Ordinance (Ordinance No. 7 of 1975), and in supersession of Notification No. … vehicle was seized under Section 11 of the Kerala Motor Vehicles Taxation Act and handed over to the safe custody of S.I. of Police, Kuzhalmandam. … unreported Bench decision of this Court in W.A. 1861/2004 wherein this Court has taken the view that

Mahila Utkarsh Trust Through Its President and Others Vs. Union of Ind ...

Court : Gujarat

Subject : Education

sub-section (2) shall remain in force for not more than three years at a time. 10.1 At this stage it will also be appropriate to refer to the following Provisions of the Constitution which are quoted below: … to interpret the meaning and import of the word 'necessaries' used in Section 5 of the Admiralty Court Act, 1861. The Court while importing the meaning of the same through Foreign (American) Court decisions, opined - : "It … are now employed as drivers of heavy transport vehicles, conductors of service carriage, pilots et. al. Women can be seen to be occupying Class IV … 10. In Githa Hariharan v. Reserve Bank of India [(1999) 2 SCC 228], this Court was faced with construing Section 6(a) of Hindu Minority and

Chrisomar Corporation Vs. Mjr Steels Private Limited

Court : Supreme Court of India

Subject : Service Tax

vacated. The vessel shall cease to be under arrest as of now.” 3. It is important at this stage to advert to the agreement that was entered into on 18.1.2000. Since both sides have argued extensively on … were rendered or damage received, or necessaries furnished, in respect of which such claim is made. Admiralty Court Act, 1861 14 5. As to claims for necessaries.-The High Court of Admiralty shall have jurisdiction over any claim for … not a signatory to the Brussels Convention of 22 1952, a long list of maritime claims is … to or in connection with any goods; (g) agreement relating to the carriage of goods or passengers on board a vessel, whether contained in a … good title by estoppel. The Division Bench further went on to apply Section 62 of the Indian Contract Act, 1872 to the out of court

Pollock Vs. Farmers' Loan and Trust Co.

Court : US Supreme Court

Subject : Land Acquisition

taxes on lands, houses in towns, slaves, stud horses, jackasses, other horses and mules, billiard tables, four-wheel riding carriages, phaetons, stage wagons, and riding carriages with two wheels, and it was undoubtedly to these objects that the … raised below, nor is it now raised by appellees, if it could be entertained at all at this stage of the proceedings; and, so far as it was within the power of the government to do so, … acts are attributable to the war of 1812. The act of August, 1861 (12 Stat. 292, 294, c. 4), imposed a tax of twenty millions … to do so, and the relief sought being to prevent the voluntary action of the trust company, and not in respect to the assessment and … apportioned among the several States as required by section 2 of article I of the Constitution, and … shall pay equally, as they ought?" 3 Elliot 229, 235. At that time, in Virginia, lands were