Court : Supreme Court of India
..... specified value filed in a high court having ordinary original civil jurisdiction shall be heard and disposed of by the commercial division of that high court: provided that all suits and applications relating to commercial disputes, stipulated by an act to lie in a court not inferior to a district court, and filed or pending on the original side of the high court, shall be heard and disposed of by the commercial division of the high court: provided ..... charterer or the owner of the vessel when the arrest is effected; or *** (2) the high court may also order arrest of any other vessel for the purpose of providing security against a maritime claim, in lieu of the vessel against which a maritime claim has been made under this act, subject to the provisions of sub-section (1): provided that no vessel shall be arrested under this sub-section in respect ..... a consideration of the general enactment in the light of admissible circumstances that parliament's true intention was to establish thereby a rule of universal application, then the special provision must give way to the general.81. ..... says that the proposed bill shall accelerate economic growth, improve the international image of the indian justice delivery system, and the faith of the investor world in the legal culture of ..... there was an attempt to replace the hague/hague-visby settlement, by for the adoption in 2008 of the united nations convention on contracts for the international carriage of goods wholly or partly by sea, which is .....
Tag this Judgment!Court : Supreme Court of India
..... state of jammu and kashmir govern the constitutional relationship between the union of india and the state and that the constitution shall supersede constitutional provisions which are inconsistent with the provisions of the indian constitution: i now hereby declare and direct- that the constitution of india shortly to be adopted by the constituent assembly of india shall in so far as it is applicable to the state of jammu and kashmir, govern ..... , shall, with such omissions, additions, adaptations and modification as the governor- general may by order specify be applicable to the dominion of india ; and whereas the government of india act, 1935, as so adapted by the governor-general, provides that an indian state may accede to the dominion of india by an instrument of accession executed by the ruler thereof : now therefore i shriman inder mahinder rajrajeswar maharajadhiraj shri hari singhji, jammu and kashmir naresh ..... 306 part e (iii) in entry 44, after the words "but not including universities", the words "in so far as such corporations relate to the legal and medical professions" shall be inserted and (iv) in entry 72, the references to the states shall be construed as not excluding a reference to the state ..... 68 surinder mohan, democracy in jammu and kashmir 1947-2008 2012 16(3) world affairs, 104 < https://www.jstor.org/stable ..... maritime shipping and navigation, including shipping and navigation on tidal ..... maritime shipping and navigation, including shipping and navigation on .....
Tag this Judgment!Court : Supreme Court of India
..... goods- 14 notwithstanding anything contained in sub-section (1) or sub- section (3) of section 5, but subject to sub-sections (4), (5) and (6) of the said section, every dealer shall pay for each year a tax under this act on his taxable turnover in respect of the transfer of the right to use any goods mentioned in column (2) of the seventh schedule for any purpose (whether or not for a specified period) at the rates specified in the ..... interest in or right to possession of the vessel; it is a contract for services to be rendered to the charterer by the shipowner through the use of the vessel by the shipowner's own servants, the master and the crew, acting in accordance with such directions as to the cargoes to be loaded and the voyages to be undertaken as by the terms of the charter-party the charterer is entitled to give to them. ..... referred to are to be found in the schedule to the indian act the rules whereunder were not applicable to the facts of the case ..... the state cannot claim 12 nautical miles as part of its territory; otherwise, each maritime state can pass laws with any of the items mentioned in list i regarding the activities in the territorial waters, which are the ..... he has relied on the ministry of finance, department of revenue, a clarification dated 18.6.2008 issued on the basis of detailed examination and analysis of the charter party agreements entered by shipping companies with their charterers and have clarified that vessels fall under ..... universal ..... to dlf universal ltd. .....
Tag this Judgment!Court : US Supreme Court
..... the reason we refused to permit suit to proceed in that case was that the indian gaming regulatory act created an alternative remedial scheme that would be undermined by permitting ex parte young suits; congress , we said, had foreclosed recourse ..... argued december 1, 2010 decided april 19, 2011 together, the developmental disabilities assistance and bill of rights act of 2000 (dd act) and the protection and advocacy for individuals with mental illness act (paimi act) offer states federal money to improve, inter alia, medical care for persons with developmental disabilities or ..... filed suit in federal district court, seeking a declaration that respondents refusal to produce the records violated the dd and paimi acts and an injunction requiring respondents to produce the records and refrain in the future from interfering with vopa s right of access ..... think the dissent s principle of familial affront less than universally applicable, even with respect to real families, never mind ..... 265 (1986), there are certain types of cases that formally meet the young requirements of a state official acting inconsistently with federal law but that stretch that case too far and would upset the balance of federal and state interests that it ..... see federal maritime comm n , supra , at 769 ( the primary function of sovereign immunity is not to protect state treasuries, but to afford the states the dignity and respect due sovereign entities ..... reinhard , 2008 wl 2795940, ..... 999 (2008). ..... 2008) ..... 510(5) (lexis 2008). .....
Tag this Judgment!Court : US Supreme Court
..... for one thing, in applying this test the majority points to some characteristics of lozman s craft that have no relationship to maritime transport, such as the style of the craft s rooms or that those inside those rooms looked out upon the world, not through water-tight portholes, but ..... 15 ( in addition to any other remedies provided for in this agreement, the marina, as a provider of necessities to this vessel, has a maritime lien on the vessel and may bring a civil action in rem under 46 united states code 31342 in federal court, to arrest the vessel and ..... 3 standard, one that relies in a predictable fashion only on those physical characteristics of a craft that are related to maritime transport and use, parties will have no ex ante notion whether a particular ship is a vessel. ..... these statements, however, as implying a universal set of sufficient conditions for application of ..... lozman can depart so easily over water and go beyond the reach of a provider of necessaries like the marina in response to a legal dispute is exactly the kind of problem that the federal maritime lien act, , was intended to address. ..... the district court found the floating home to be a vessel under the rules of construction act, which defines a vessel as including every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation ..... 3d 1299, 1311 1312 (ca11 2008) (structure is a vessel where capable of moving over water under tow, albeit to her detriment .....
Tag this Judgment!Court : Supreme Court of India
..... when this was pointed out to shri mihir joshi, the answer given was that when permission is granted under section 35(1) of the gujarat maritime board act, a letter granting such permission specifically says that it is permission that is granted under section 35(1) and for this purpose, a letter dated 2nd august, 2008 was referred to. ..... the present appeal involves a challenge to a notification dated 18th january, 2016, issued under section 5 of the indian ports act, 1908, by which the 1 state government of gujarat expanded the port limits of hazira port. ..... there can be no doubt that shri joshi s plea that the power of the government to alter the limits of any port under section 5(1) of the indian ports act must be done only in public interest is correct. ..... he attacked the notification stating that it was ultra vires section 5 of the indian ports act, which required public interest alone to be seen. ..... sections 3(9), 4 and 5 of the indian ports act read as under:12. 3(9). ..... we are not, therefore, satisfied that the notification is ultra vires section 5 of the indian ports act. ..... following this, the requisite notification dated 18th january, 2016, which has been impugned by the appellants in a writ petition before 6 the gujarat high court, was then issued under section 5 of the indian ports act.7. ..... a notification dated 23rd june, 2004 was issued by the state government notifying hazira port and setting out its limits, in exercise of powers under section 4(2) of the indian ports act. .....
Tag this Judgment!Court : Supreme Court of India
..... on the claim in an action in personam (" the relevant person ") was, when the cause of action arose, the owner or charterer of, or in possession or in control of, the ship, an action in rem may (whether or not the claim gives rise to a maritime lien on that ship) be brought in the high court against - i) that ship, if at the time when the action is brought the relevant person is either the beneficial owner of that ship as respects all the shares in it or ..... shall keep a book to be called the register book and entries in that book shall be made page 43 of 57 in accordance with, the following provisions: xxxx xxxx xxxx xxxx xxxx (b) subject to the provisions of this act with respect to joint owners or owners by transmission, not more than ten individuals shall be entitled to be registered at the same time as owners of any one ship; but this rule shall not affect the beneficial interest ..... provides for arrest of the ship only if the judgment in respect of that claim can be enforced against the ship by judicial or forced sale of that ship and in the absence of any provision under the indian law by which the ship not owned by a person could be made liable for a maritime claim, the arrest of the ship could not take place ..... (lodging) no.3547/2008 decided on 22.10.2008 page 33 of 57 this view originally elucidated by the learned single judge of the bombay high court found favour with the division bench when the appeal was dismissed vide order dated 6.1.2009 in appeal (lodging) no.772/2008 .....
Tag this Judgment!Court : US Supreme Court
..... this constitution, the laws of the united states, and treaties made, or which shall be made, under their authority;-to all cases affecting ambassadors, other public ministers and consuls;-to all cases of admiralty and maritime jurisdiction;-to controversies to which the united states shall be a party;-to controversies between two or more states;-between a state and citizens of another state;-between citizens of different states,-between citizens of the same ..... to its understanding of the law, if the district court determines that the state's inflexibility constitutes a failure to negotiate in good faith, and if the state thereafter continues to insist that it is acting within its rights, the maximum sanction that the court can impose is an order that refers the controversy to a member of the executive branch of the government for resolution. 25 u. s. c. ..... moreover, respondents' rationale would mean that where congress has 10 respondents also contend that the act mandates state regulation of indian gaming and therefore violates the tenth amendment by allowing federal officials to avoid political accountability for those actions for which they ..... 59 f.3d 539 (ca5 1995) (holding that a state university could be sued in federal court for infringing an author's ..... states furnishes no security against the universal adoption of this principle. ..... it was a matter of universal practice, and was accepted from the mother country along with the rest of the common law of england applicable to our .....
Tag this Judgment!Court : Supreme Court of India
..... schedule to the indian medical council act, 1956, reveals that bachelor of medicine and bachelor of surgery from university of bristol, university of leeds, university of liverpool, university of london, university of oxford, university of sheffield, university of wales, university of edinburgh, university of glasgow, university of dundee, university of new south wales, university of melbourne, dalhousie university etc. ..... the submission of the appellants was built on the foundation that there were no regulations framed by the medical council of india under the indian medical council act, 1956, debarring the likes from admission, for in the absence of a regulation, neither any instruction nor resolution of the mci could throttle the right ..... that require the correct recognition of colored signals (principally transport groups such as the civil aviation authority, railways, maritime, and naval and air force) depend on a standard lantern test which imitates actual signal systems simulating the ..... learned senior counsel, referring to various study material available, has referred to shinobu ishihar, a professor at tokyo imperial university who, in the year 1916, had developed a diagnostic method which is still the most common test for colour vision deficiency; and that test is called ..... interesting to note that the medical council of india has recognised medical degrees of various foreign universities even though they are admitting students with colour vision deficiency or colour blindness. .....
Tag this Judgment!Court : Supreme Court of India
..... whether the vessel was in distress and if so, for what reasons, what steps were taken by the crew members on the vessel to come out of the distress call given by them to the indian authorities at indian port and whether steps allegedly taken in that behalf were in conformity with the relevant clauses of unclos which govern the subject, whether the accused persons were having any valid licenses and certificates ..... , various articles from the vessel and other places, opinion of statutory authorities on seized items, opinion of public prosecutor and sanction order obtained from competent authorities for filing prosecution case under the arms act, a detailed charge sheet along with several documents and other materials collected during investigation was filed by the investigation officer against the respondents herein (a-1 to a-45) on 30.12.2013 before the judicial magistrate court no.1 ..... any discussion, the learned judge held that in the light of finding already recorded that the indian authorities cannot invoke arms act against the accused, the provisions of section 45 (a) of the arms act, in any event, will otherwise protect the accused, i.e. ..... the government of india has recognized the fact that there are private maritime security companies that provide security for merchant vessels while they traverse through pirate infested ..... (2008) 2 scc57but unfortunately failed to examine the facts of the case in hand in the light of the law laid down in these two cases much less in its proper .....
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