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Jacob.C.John Vs. Union of India

Court : Kerala

..... the petitioner has approached this court pointing out violation of mandatory provisions by the 3rd respondent a deemed university constituted under indian maritime university act, 2008. ..... the indian maritime university chennai, represented by its vice chancellor indian maritime university, east coast road, uthandi chennai 119. 4 ..... the controller of examinations the indian maritime university, east coast road uthandi, chennai 119. 5 ..... indian maritime university vishakapattanam campus (nsdr), gandhigram vishakapattanam ..... indian maritime university kandla port campus, port colony, new kandla kutch, gujarat 210. ..... indian maritime university, training institute complex, cochin campus near cochin port trust hospital, willingdon island kochi 003 ..... referring to any particular incident, whether a particular student is affected or not, can we presume something has happened i.e, so called illegal procedure adopted by the 3rd respondent university, we fail to understand how it becomes a public interest litigation. ..... within the act itself there are procedures, how the illegality or malpractices conducted by the university has to be dealt ..... according to him, the 3rd respondent university, whose head office is at chennai is indulging in unethical, illegal and unreasonable practices in the matter of admission of students to various pre-sea courses in ..... if any particular authority of the university is indulging in malpractices, the same could be brought to the notice of the vice-chancellor and also to the .....

G. Tamilarasi Vs. Government of India, Rep. By the Secretary, New Delh ...

Court : Chennai

..... however, the second respondent university, by way of passing the present impugned order, directed the petitioner to vacate the quarters on the ground that the service conditions of the erstwhile national maritime academy (nma) and section 49(ii) of the indian maritime university (nmu) act do not permit to stay in the imu quarters beyond four months. ..... learned counsel appearing for the respondents 2 and 3, by filing a detailed counter affidavit, submitted that the petitioner's husband was employed as a driver in the erstwhile national maritime academy (nma), a registered society, which was merged with the university on 14.11.2008. ..... were silent about how long the family can be allowed to retain the quarters after the death of an employee and it did not adopt the madras port trust regulations on this topic, the second respondent university, vide letter dated 18.12.2014, on humanitarian grounds, based on the request of the petitioner, permitted her to retain the quarters only for 4 months at normal rate with a further condition that the rent beyond the permissible ..... , without making any serious attempt to search for a house outside, has been requesting the second respondent to stay in the official quarters beyond the time limit given in two extensions, therefore, the second respondent university has rightly rejected the request of the petitioner in seeking extention of time on third time, with a further direction to vacate the quarters before 30.06.2015. .....

G. Madhavan Nair Vs. Union of India, represented by Secretary, Departm ...

Court : Kerala

..... be no reliance placed on the said decision since the issue has been answered in the negative by a full bench of this court in indian maritime university v. ..... if the respondents felt aggrieved by the acquisition of their lands situate at jaipur and wanted to challenge the validity of the notification issued by the state government of rajasthan under section 52(1) of the act by a petition under article 226 of the constitution, the remedy of the respondents for the grant of such relief had to be sought by filing such a petition before the rajasthan high court, jaipur bench, where ..... a case in which the appellant approached the andhra pradesh high court and the official respondents took a contention that the seizure of cash, which led to the proceedings under the income tax act, 1961 and eventually the writ petition, took place at the airport at chennai and hence the andhra pradesh high court did not have the jurisdiction. ..... n.oommen (supra) was again a decision by a division bench of this court, which invoked the jurisdiction under article 226 since the central government, acting from new delhi, sought for recovery of certain sums paid to the petitioner while he was serving as the chairman and managing director of the madras ..... contended that he was facing trial in 8 cases, which was in complete violation of the provisions of section 21 of the extradition act, 1962 and he was kept in solitary confinement without proper medical care in the central jail within the state of uttar pradesh. .....

CaptaIn P.K. Bakshi, Nautical Vs. Union of India (Uoi) Through (the

Court : Central Administrative Tribunal CAT Delhi

..... the government is in the process of forming indian maritime university and a 'bill' is being finalized for placing it ..... of the parliamentary standing committee (annexure a-7), to set up a university by an act of parliament is being processed. ..... the respondents registered indian institute of maritime studies (iims, for short) as a society under the societies registration act, 1860. ..... , recommends that the ministry should go for establishing the university by an act of parliament so as to provide considerable operational freedom and a qualitatively boost to the maritime training in the country. ..... once the proposed bill becomes an act of parliament, there will follow a sequence of decisions, which will clear the fog relating to the anxieties expressed by the ..... right to approach a court or the central administrative tribunal under articles 32 and 226 of the constitution or the cat act, 1985, as the case may be. ..... application of the applicant was a mala fide act on the part of respondent no. 3. ..... the said act of the chief examiner (r-4/6) was biased and arbitrary ..... therein that as per cabinet decision dated 28.12.2001, the iims has been registered under societies registrations act, 1860 on 06.06.2002. ..... 8, who was acting under the directions ..... along with the post, in public interest.he supplied a set of documents relating the establishment of iims, which inter alia include copies of the following: certificate of registration of iims as a society under the societies registration act, 1860. om no. .....

CaptaIn P.K. Bakshi, Nautical Vs. Union of India (Uoi) Through the

Court : Central Administrative Tribunal CAT Delhi

..... the government is in the process of forming indian maritime university and a `bill' is being finalized for placing it ..... of the parliamentary standing committee (annexure a-7), to set up a university by an act of parliament is being processed. ..... the respondents registered indian institute of maritime studies (iims, for short) as a society under the societies registration act, 1860. ..... , recommends that the ministry should go for establishing the university by an act of parliament so as to provide considerable operational freedom and a qualitatively boost to the maritime training in the country. ..... once the proposed bill becomes an act of parliament, there will follow a sequence of decisions, which will clear the fog relating to the anxieties expressed by the ..... right to approach a court or the central administrative tribunal under articles 32 and 226 of the constitution or the cat act, 1985, as the case may be. ..... application of the applicant was a mala fide act on the part of respondent no. 3. ..... the said act of the chief examiner (r-4/6) was biased and arbitrary ..... therein that as per cabinet decision dated 28.12.2001, the iims has been registered under societies registrations act, 1860 on 06.06.2002. ..... 8, who was acting under the directions ..... along with the post, in public interest.he supplied a set of documents relating the establishment of iims, which inter alia include copies of the following: certificate of registration of iims as a society under the societies registration act, 1860. om no. .....

M/s N.n. Global Mercantile Private Limited Vs. M/s Indo Unique Flame L ...

Court : Supreme Court of India

..... the issue as to whether the court called upon to invoke the power under section 11 (6) should or could exercise the power coupled with duty under section 33 of the indian stamp act, 1899, when the document carrying the arbitration agreement or arbitration clause is found unstamped or insufficiently stamped or without going into such matter, should it confine ..... the university of columbia, let our minority opinion (self and learned brother justice ajay rastogi, who has written a separate opinion), appeal to the brooding spirit of the future as also the powers of the legislature to examine the interplay between the arbitration and conciliation act, 1996 (for short arbitration act, 1996 )and the indian stamp act,1899 (for short ..... certified copy of an arbitration agreement whether unstamped/ 60 insufficiently stamped at the pre-referral stage is an enforceable document for the purposes of appointment of an arbitrator under section 11(6a) of the act, 1996 where the judicial intervention shall be minimal confined only to the prima facie examination of existence of an arbitration agreement alone keeping in view the object of 2015 amendment and the ..... in enka insaat ve sanayi as v ooo insurance company chubb9 where it was held that an arbitration clause is nonetheless part of bundle of rights and 8 (2008) 4 scc7209 (2020) uk sc3816 obligations recorded in the contractual document and according to him, the issue of stamping is to be looked into at the very threshold, even if it is in exercise ..... 2008 .....

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

Court : Mumbai

Reported in : 2002(2)BomCR537

..... clubs also in their own rules have provided that british law is to apply for any dispute between the parties and, therefore, it does not lie in the mouth of british p & i club to plead that indian courts should widen the definition of the term 'necessaries' to protect the interest of p & i clubs for recovery of unpaid call money is also not meritorious as right to proceed in rem against a vessel is determined ..... convention listed 17 types of claims in paragraphs lettered (a) to (q) and the list of the types of the claims therein was derived as a whole from the list of types of claims in section 22 (1)(a) of 1992 act which gave to the high court of admiralty jurisdiction over claims for 'necessaries' which had previously been given, though not in precisely the same terms, to the high court of admiralty, first, by section 6 of admiralty ..... indian statutes leg behind any development of international law and though the supreme court act, 1981 of england has catalogued maritime claims with reference to the unified rules adopted by the brussels convention of 1952 on the arrest of seagoing ships and although india has not adopted the various conventions, the provisions of these conventions are the result of international unification and development of the maritime ..... has given effect to the 1952 brussels arrest convention and therefore 1952 convention has near universal acceptance and can be regarded as international common law which does not include unpaid insurance premium as maritime claim. mr. .....

Ziyad Ali International Education Council Vs. Commissioner of Police, ...

Court : Kerala

..... to the police as well as in this court is that only three institutes in kerala, one run by the cochin university of science and technology, another by the cochin shipyard and the third by name m/s.euro tech maritime academy, are the only institutes approved by the dgs for running the courses entitling the qualifying students to serve in ships ..... seeking permission to continue the conduct of courses on the ground that the above two diploma courses are conducted by him with the affiliation to the manonmaniam sundernar university located at thirunelveli, tamilnadu, under their distance education programme and he has also approval for the one course from the national council of vocational training (ncvt). ..... issued by the dgs under the merchant shipping (standards of training, certification and watch keeping for seafarers) rules, 1998 prescribed under the provisions of the merchant shipping act, 1958 is a mandatory document required for those passing out of these institutes with whatever courses they have studied for employment in any ocean going vessel or ship. ..... raised the contention that the cdc and seafarer's identity document are the requirements only for indian ships and students who have passed out of appellant/petitioner's institute can seek employment in foreign ..... in indian port ..... for us to consider the qualification required for employment in foreign shipping companies because in our view, the course study conducted by educational institutions in india should conform to indian laws. .....

Ms.Maritime Institute Association Vs. the Director General of Shipping ...

Court : Chennai

..... in that case, while analyzing the power of the indian maritime university, vis-a-vis director general of shipping, it was held that in the absence of law, the dgs cannot be said to be the creature of any statute and therefore the contention that dgs is a regulatory body for the entire maritime education cannot be countenanced by this court. ..... it was stated that the ministry of shipping, government of india under section 457 of the merchant shipping act, had promulgated the merchant shipping (continuous discharge certificate-cum-seafarers identity document) rules, 2001 to deal with various aspects which arose for the purpose of regulation of the process of granting of continuous discharge certificates. ..... the argument based upon article 265 is misconceived as the annual fee claimed is not a tax levied by any act of parliament, but it is the fee charged by the dgs for the services rendered by them. ..... stated by the petitioners that the first respondent has got jurisdiction only with reference to fees that are collected for issuing of cdcs and to conduct necessary inspection for the said purpose as per the act and the ministry's guidelines. ..... the first respondent has not been accorded any specific power either under the act or by the ministry of shipping.4. ..... under section 78 of the act, various grades of certificate of competency can be issued by the dgs. .....

Samson Maritime Ltd. And Anr. Vs.union of India and Ors.

Court : Delhi

..... (c) 3070/2019 & batch matters p age 7 of 25 inasmuch as it does not take into consideration that a player in the shipping industry cannot change his entire fleet overnight and convert it into indian built ships on account of shipbuilding being a time consuming exercise and therefore, destroys the entire investment made by such players over the years and completely obliterated their right to do business.9. ..... the objective of the act, 1958 is to equate foreign flag ships with indian flag ships thus making india as a rare exception amongst maritime nations which gives no preference to its domestic flag vessels over foreign flag vessels in respect of indian trade. ..... promulgation of notification dated 13.02.2019 by the respondent no.1 and circular no.02/2019 dated 22.03.2019 by the respondent no.2 which have been issued under sections 406 and 407 of the merchant shipping act, 1958 (hereinafter referred as ms act, 1958), whereby allowed a completely alien concept of an indian built ship to get commercial rights higher than an indian flag vessel under the act, 1958 and to destroy any statutory recognition and preference available to an indian flag vessel over foreign flag vessels.5. mr. ..... there is no universal definition of cabotage and there are no universal standard guidelines to be followed while framing a cabotage policy. .....