Judgment Search Results Home > Cases Phrase: calcutta port pilotage act 1948 Page 1 of about 33,306 results (0.226 seconds)

Corporation of Calcutta Vs. Commissioners for the Port of Calcutta

Court : Kolkata

Reported in : AIR1931Cal419

..... face of the plaint, that the alleged wrongful making of these holes is necessarily something done or purporting or professing to be done in pursuance o: the calcutta port act or that all that the plaintiff has put forward is on the face of it no more than an allegation of a breach of the defendants' statutory ..... of rain and that water flooded into the tunnels from the sub-way by the fault or wrongful act of the commissioners or their servants the suit having been brought on 20th july 1928 the defendants, by their written statement filed in september of that year, pleaded, among other defences, 'that the plaintiffs' cause of action, if any, is barred by reason of the provision contained in section 142, calcutta port act. ..... to have been first constructed in 1876, when the then commissioners for the port of calcutta, acting under act 5 of 1870, with the sanction of government, decided to lay down ..... the corporation of calcutta sue the commissioners for the port, of calcutta for damages in respect of the flooding, on 22nd july 1926, of the engine-room of the corporation's pumping station, called the mallik ghat pumping station ..... it charges that the making of the said holes and/or suffering the same to remain was a wrongful act on the part of the defendant, its servants or agents, and the defendant is responsible for the same.the plaint states in the alternative that the said ..... the railway belonging to the port commissioners, which they are authorized by their act (bengal act 3 of 1890) to .....

The Board of Trustees of the Port of Calcutta Vs. the Lowland Tanker C ...

Court : Kolkata

Reported in : (1999)2CALLT364(HC)

..... is the case of the defendant no.1 that the tanker was at all material times compulsorily under the navigational control and pilotage of the herlhlng master who was a 'duly authorised officer' under rule 5 of the calcutta port rules and as such the defendant no.1 was not liable for negligence, if any, in of the defendant no. ..... it has, however, been contended on behalf of the appellant that under sub-section (2) of section 31 of the indian ports act, 1908, the negligence of a pilot or harbour master or assistant harbour master placed on board a vessel under compulsion would nevertheless be regarded in law as the negligence of the owners or the master of the ..... judge on the evidence on record finally concluded that the appellant had failed to prove any positive act on the part of the tanker at the tanker at the relevant time i.e. ..... trial judge finally concluded that on consideration of the facts and circumstances as brought out in the evidence the plaintiff had failed to prove any postive act on the part of the tanker at the relevant and crucial time, i.e. ..... the point held, and in our view rightly, that the time available for taking such corrective action was only 30 seconds and in the circumstances it cannot be said that the tanker was in a position to act quicker than she did. ..... judge also observed that the time available for taking such corrective action was only 30 seconds and in the circumstances it could not be said that the tanker was in a position to act quicker than she did.25. .....

CaptaIn D'Souza Vs. Pashupati Nath Sarkar

Court : Kolkata

Reported in : 1968CriLJ405

..... that can be given by the second officer, but if in this case there were many other ships moored near by the ship of the petitioner and if five ships were daily moving to calcutta under pilotage, it was certainly possible for the petitioner to ask for medical help from any of those ships or to request the vessels leaving for the port to take the ailing engineer on board. ..... if the process is under section 304a, indian penal code, the magistrate may very well frame a charge under section 109 of the merchant shipping act, read with section 436 thereof if the evidence discloses earth an offence and this irrespective of whether an offence for which the process was issued is ..... indian penal code, for having caused the death of two miners by the collapse of the roof of a portion of the colliery by their negligent act in failing to inspect the roof periodically as they were required to do under the mining rules and in taking additional measures to protect it against ..... choudhury appearing for the opposite party referred to section 190 of the merchant shipping act which according to him casts a duty on the master of a ship to do any lawful act proper and requisite to be done by him for preserving any person belonging to or on board ..... and 214 of the merchant shipping act pending before the chief presidency magistrate of calcutta prays for quashing the proceeding pending against him on the ground that the allegations made in the complaint made against him and the facts elicited in the enquiry .....

Hindusthan Co-operative Insurance Society Ltd. Vs. Secy. of State

Court : Kolkata

Reported in : AIR1930Cal230,121Ind.Cas.737

..... an appeal by the hindusthan co-operative insurance society, limited, which will henceforth be called the society, against the award made by the tribunal under the calcutta improvement act for acquisition of a plot of land, about 10 bighas 17 cottas in area, on account of the trust. ..... of the learned president that the disposition of the land at the material time was that this land acquired should be a road 100 feet broad and that according to the provisions of section 3, sub-section (2), calcutta improvement (appeals) act, we are bound by the finding of the learned judge which is a finding of fact. ..... , plots 2, 26, 27, 28 and 30, was either as 'land kept for proposed 100 feet wide drainage road of the calcutta improvement trust' or as 'the proposed drainage road of the trust' and by reason of that, a right of way over the acquired land had been granted to the various purchasers of those plots by the operation of the rule of ..... the amount of compensation to be awarded for the land acquired, reference must be made to the addition made to section 23, land acquisition act by the calcutta improvement act of 1911. ..... asked for a reference to the tribunal under the provision of section 18, land acquisition act, both on the ground of valuation and also with regard to the question of apportionment ..... 30) : that the description of the plots conveyed as in the boundaries, was either 'the proposed drainage road of the trust' or 'the proposed 100 feet wide drainage road of the calcutta improvement trust. .....

Bhuwalka Brothers Ltd. Vs. Dunichand Rateria

Court : Kolkata

Reported in : AIR1952Cal740,56CWN685

..... but to this the plaintiffs reply (a) that this delivery order did pass by indorsement (b) that the issue of the delivery order in the circumstances was a representation on which the plaintiff acted, that the cash payable in respect of the goods to which it referred had been paid, and (c) that it is not open to the defendants to contend that the property in the goods had not passed or to place reliance on ..... on the evidence the learned trial judge has held on this point that in the calcutta jute trade, pukka delivery orders are ordinarily issued by the mills against cash payment and pass from hand to hand by endorsement and are used in the ordinary course of business, authorising the endorsee to ..... it should be observed that apart from eon-tracts by way of wager, jute trade in calcutta is mainly carried on by (l) delivery of goods against payment, and (2) forward contracts where under a contract, goods are deliverable on a future ..... the plaintiff is a merchant who has been carrying on business in calcutta in jute goods for the last 30 or 35 years and during this time he entered into numerous transactions to the approximate value of rupees eighty to ninety ..... by the usage of the jute trade in calcutta, pucca delivery orders are issued only on cash payment, are passed from hand to hand by endorsement, and are sold and dealt with in the market as absolutely representing the goods to which they ..... already said that a part of the jute trade in calcutta is carried on by these chain contracts. .....

National Insurance Company Ltd. Vs. Navrom Constantza and ors.

Court : Kolkata

Reported in : AIR1988Cal155

..... 1981 which would be evident from a certificate of the calcutta port trust, a copy whereof is annexed to the petition being annexure f' ..... and it would also be evident from the outturn report of the calcutta port trust being annexure 'g' to the petition.4. ..... 1983 was issued by the calcutta port trust confirming the short landing of the said 37 pieces of mild steel plates on the board from the said vessel 'cugir' and a copy of the short landing certificate is annexed to the plaint ..... ) was duly issued by the calcutta port trust confirming the short landing as aforesaid of the said 37 pieces of mild steel plates from board the said vessel 'cugir' ..... 1982 issued by the calcutta port trust confirmed the short landing of said 37 pieces of mild steel plates. mr ..... 3 came to know about the short landing, a short landing certificate was issued by the calcutta port trust on 6th feb. ..... on the same day the said consignment uponbeing unloaded and/or discharged at the said port of calcutta was found to have been short landed of 37 several pieces of mild steel plates weighing 87 matric tons out of the aforesaid quantity of 648 pieces shipped on board the said ..... deb submits that article iii rule 6 in the schedule to the said act has no application to the liability of the defendant carrier as pleaded in the plaint because it is suited in particular in the plaint that the goods were consigned for carriage on the said vessel for reward for (from) the port of 'galatz' in romania to the portof calcutta in india. mr. .....

Sm. Basumati Bag Vs. Collector, Howrah and ors.

Court : Kolkata

Reported in : AIR1974Cal162,78CWN29

..... assume that section 24 provides for independent power and procedure for acquisition that by itself would not exclude the other general powers under other acts and particularly the power of requisition under section 3 of the west bengal land (requisition and acquisition) act, 1948 if and when the acquisition or the requisition comes within the sanction of such statutes. ..... been provided for such special provision by necessary implication must be deemed to exclude ordinary powers of acquisition and requisition under the provisions of general statutes like the land acquisition act or the said act [west bengal land (requisition and acquisition) act, 1948], to deal with the contention it will be necessary to refer to the provisions of section 24 of the bridge act which is set out hereunder.'24. ..... port of calcutta (hereinafter referred to as the port ..... port of calcutta ..... bengal and the requisitioning authority, (2) the commissioners for the port of calcutta. ..... calcutta] when authorised by the state government in this behalf, may exercise within his jurisdiction the powers conferred by sub-section (1).the object and scheme of the west bengal act ..... a tenant in respect of these two plots under the port commissioners carrying on pisciculture as the plots constitute a jheel ..... the port commissioners not having denied specifically the petitioner's claim of tenancy under them in respect of the disputed two plots have pleaded with reference to certain undisclosed decisions in civil litigations between the .....

Sudhansu Sekhar Maity and ors. Vs. State of West Bengal and ors.

Court : Kolkata

Reported in : AIR1972Cal320

..... dutt seriously contends that when the definition of the term 'dock' in the calcutta port act is an inclusive definition and includes works or things appertaining to dock it would cover within it all the purposes set out in paragraph 6 of the affidavit-in-opposition of the respondent no. 5. ..... reference may be made to section 35 of the calcutta port act which enumerates the different construction works which could be carried out by the commissioners as part of their normal activity. ..... many of the purposes set out in paragraph 6 do not come within the sanction of the works which could de carried on by the commissioners under the calcutta port act. ..... the term 'dock' is denned in section 3(3) of the calcutta port act. ..... this notification further authorised the engineers of the commissioners for the port of calcutta and the local officers for the time being engaged on the undertaking to enter upon and survey land and do all further acts required for the proper execution of their work. ..... sinha the proposed acquisition is expressly for establishment of a port subsidiary to a major port like that of calcutta or for the dock thereof. ..... , the commissioners for the port of calcutta who are the requiring authorities for this acquisition ..... consequently two declarations under section 6 of the said act one dated november 20, 1968 and the other dated november 25, 1968 covering the plots specified in the notifications under section 4 were issued and were published in the calcutta gazette dated december 28, 1968. .....

Bose Manna and Company Pvt. Ltd. Vs. Additional Land Acquisition Offic ...

Court : Kolkata

Reported in : AIR1974Cal1

..... such separate cases are all parts of one acquisition proceedings, stemming out therefrom after the stage of section 9 of the act, carried on simultaneously as far as possible and covering between themselves the entirety of the land when they terminated in awards. ..... that case, it was held that where there was one holding, there could not be piecemeal acquisition, as the act contemplated only one notice, one proceeding and one award regarding one holding under one ownership. ..... trus-tees for the improvement of calcutta). ..... of calcutta v ..... 1,00,0007- under section 23(1) of the act, and additional statutory allowance at 15% over the market ..... acquisition of the appellant's land, comprised in three plots numbers mentioned above, was the subject-matter of one police under section 4 of the act, and one declaration under section 6 of the act. ..... rule nisi was obtained by the appellant for quashing an award relating to acquisition of the appellant's land under the land acquisition act, 1894, hereafter referred to as the act. ..... against piecemeal acquisition, however, is not that it involves a plurality of awards, but that it involves a succession of awards, each relating to a portion of the same land held in the same ownership for which there is no warrant in the act. ..... now to the facts in this case, it appears that the appellant filed a statement under section 9 of the act. ..... the second place, the appellant claimed compensation of rupees one lac for severance and injurious affection under section 23 of the act. .....

Sri Madhula Kasi Rao and Another Vs. Sri M.Maheswara Rao and Others

Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

..... a new society to take care of the welfare of the police personnel and accordingly a new society was formed with name and style as visakha city police housing colony residential welfare association registered under societys act and opp.parties 1 to 3 were elected as president, secretary and treasurer for the said society. ..... (h) to (j) it is therefore to be held that such obligation constitutes service and comes within the meaning of section 2(o) of the act. .....