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Essar Bulk Terminial Limited Vs. The State of Gujarat

Court : Supreme Court of India

..... 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. ..... 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. ..... attacked the notification stating that it was ultra vires section 5 of the indian ports act, which required public interest alone to be seen. ..... 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. ..... not, therefore, satisfied that the notification is ultra vires section 5 of the indian ports act. ..... sections 3(9), 4 and 5 of the indian ports act read as under ..... , 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) extend this act to any port in which this act is not in force or to any part of any navigable river or channel which leads to a port and in which this act is not in force; (b) specially extend the provisions of section 31 or section 32 to any port to which they have not been so extended; (c) withdraw this act or section 31 or section 32 from any part thereof in which it is for the time being .....

Villianur Iyarkkai Padukappu Maiyam Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : JT2009(8)SC339; (2009)7SCC561; 2009(8)LC3627(SC)

..... the reliance placed upon section 3(9) of the indian ports act, 1908 read with section 6(b) of the pondicherry ..... port in question been a major port, indian ports act, 1908 ..... indian ports act, 1908 permits the state government to develop the minor ports ..... that reference to state government, appearing in section 3(9) of the indian ports act, should be construed to be a reference to the central government and, therefore, only the central government will have jurisdiction over the ports in pondicherry. ..... port in question is a minor port, the indian major ports act, 1908 ..... port in question is admittedly a minor port and, therefore, not covered by the provisions of indian major ports act, 1908 ..... the extension of law to indian major ports act, 1908 would only mean that a particular law is prevalent but its applicability would be dependant upon ..... unreasonable manner in switching the whole public tender process into a system of personal selection, is rejected.22.the contention that a conjoint reading of article 239 and 239a of the constitution and sections 46, 50 of the government of union territories act read with rule 5 of the rules of business of the government of pondicherry, 1963, would show that the government of pondicherry has to take prior approval of the central government ..... as the surrounding circumstances show that the state has acted bona fide and not out of improper or corrupt motive or in order to promote the private ..... heavy one and it has to be discharged to the satisfaction of the court by .....

M/S. Shreeji Shipping Vs. C.C.E. and S.T. Rajkot

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Ahmedabad

..... provisions other than clause (q) of section (2) of the major port trusts act, 1963 or any provisions other than clause (4) of section (3) of the indian ports act, 1908 are not applicable to interpretation of port service defined under section 65(82) of the finance act, 1994 in absence of statutory intention thereof. ..... it is the submission that the allegation as to appellant had split their contract values and billed separately for stevedoring services, lighterage services and transportation within the port, so as to avoid liability to service tax on the entire consideration, is totally wrong observation in as much as, the appellant has suo moto started discharging service tax under the head of cargo handling services w.e.f. ..... adjudicating authority has completely ignored the facts that the amounts on which service tax was discharged is again confirmed as a demand and similarly notional income shown in the books of accounts were also considered for the confirmation of the demand without considering the certificate issued by chartered accountant. ..... the appellant not being authorized by port or other port for rendering the aforesaid services could not be held liable to discharge service tax under the head of port services. ..... the relevant facts, after filtering out unnecessary details appellant herein registered themselves with the service tax department on 23.01.2003 as a cargo handling agent and discharging the service tax on the value of stevedoring, unloading and loading charges. .....

Lee Young Sang and anr. Vs. the Board of Trustees for Port of Calcutta ...

Court : Kolkata

Reported in : (1997)2CALLT359(HC)

..... we do not feel free to apply this decision to the provisions of section 14 of the indian ports act, except to this extent that the assessment of security made by the conservator under that section is also unquestionable, provided such an assessment has been made reasonably, bona fide and has taken into consideration the relevant facts and circumstances.56. ..... we find it totally impossible to hold that because of rule 140 in the ship breaking rules and the definition given there, the managing director is to be treated as an owner within the meaning of section 14 of the indian ports act dealing with salvage of fleeting ships which sink during voyage.67. ..... the alleged negligence in the sinking of the ship, yet he is in no manner liable to furnish security for ensuring the salvaging operations because the master of the vessel is not the owner of the vessel within the meaning of section 14 of the indian ports act which allows the conservators to call for security.24. ..... as to furnishing of security for the salvage under section 14 of the indian ports act he is again not liable because he is not the owner of the vessel. ..... the undertakings given at the time of admission of appeal are discharged.82. .....

Delta Engineers Vs. State of Goa and ors.

Court : Supreme Court of India

Reported in : 2009AIRSCW4319; JT2009(9)SC142; 2009(8)SCALE685; (2009)12SCC110

..... places, wharves, quays, warehouses and sheds when belonging to the government;(jja) for fixing the rates to be paid for the use of piers, jetties, landing places, wharves, quays, warehouses and sheds of any port, other than a major port, when belonging to the government;5.4) in exercise of the powers conferred under section 6 read with sections 33, 35, 46 and 47 of the indian ports act, 1908, the lieutenant governor of goa, daman and diu made the goa, daman and diu ..... and on which, vessels generally or vessels of any class defined in the rules, may enter, leave or be moved in any port subject to this act;(b) for regulating the berths, stations and anchorages to be occupied by vessels in any such port;xxx(e) for regulating vessels whilst taking-in or discharging passengers, ballast or cargo, or any particular kind of cargo, in any such port, and the stations to be occupied by vessels whilst so engaged;(ee) for regulating the manner in which oil or water mixed with oil ..... or vessels of any class defined in the rules, may enter, leave or move in any port; regulation of the berths, stations and anchorages to be occupied by vessels in any such port; regulation of vessels whilst taking-in or discharging passengers, ballast or cargo, or any particular kind of cargo, in any such port; regulation of the manner in which oil or water mixed with oil can be discharged in any such port; regulation of traffic and maintaining free passages of such width as may be deemed necessary within any .....

Sylvester and Co. Vs. their workman thro' Transport and Dock Workers' ...

Court : Mumbai

Reported in : 2008(3)BomCR395; (2008)ILLJ546Bom

..... ' the expression 'major port' is defined in clause (la) of section 2 to mean a major port as defined in clause 8 of section 3 of the indian ports act, 1908. ..... the employer submits that the workman was given ample opportunities for improving himself in his conduct but instead of improving himself in the discharge of his duties, the workman became more careless and negligent and continued his activities which have caused harm to the financial funds and reputation of the company.... ..... the tribunal held that if the termination was an act of discharge simpliciter it constituted retrenchment within the meaning of section 2(oo) and was invalid for want of compliance with the requirement of section-25-f. ..... that was a case where the labour court held that the dismissal was not a discharge simpliciter, but in breach of the provisions of section 33 of the industrial disputes act, 1947. ..... consequently, the tribunal was of the view that even if the management was correct in its submission that the termination was not by way of punishment, but a discharge simpliciter, the act of termination was invalid for want of compliance of the provisions of section 25-f. ..... such an order gives rise to an industrial dispute its form is not decisive and the tribunal which adjudicates that dispute can, of course, examine the substance of the matter and decide whether the termination is in fact discharge simpliciter or dismissal though the language of the order is one of simple termination of service. .....

Kottu Kanna Rao Vs. the District Registrar of Assurances and Collector

Court : Andhra Pradesh

Reported in : AIR1973AP48

..... i-a of the indian stamp act and also liable for surcharge under section 120 of the andhra pradesh municipalities act, 1965. ..... 1-a of the indian stamp act, surcharge under section 120 as stated above.20. ..... what is clear from the said article is that conveyance as defined in section 2(10), of the indian stamp act, is to be charged at rs. ..... aggrieved by that order kottu kanna rao, the purchaser preferred a revision petition to the board of revenue under section 56(1) of the indian stamp act, 1899.4. ..... (a) in the form of a surcharge on the duty imposed by the indian stamp act, 1899 (central act 2 of 1899) for the time being in the state, on every instrument on the description specified below, in respect of whole or part of the immovable property, as the case may be , situated within the limits of the municipality, and (b) at such ..... 20 of the schedule 1-a, substituted by the stamp (andhra pradesh amendment) act states as to what stamp duty is payable on conveyance it reads :-'20 conveyance ( as defined by section 2(10) ) not being a transfer charged or exempted under no.53 - where the amount or value of the consideration : one rupee, fifty naye paisefor such conveyance as set forth therein does notexceed rs. ..... section 2(10) of the indian stamp act defines the term ' conveyance' to include ' a conveyance on sale and every instrument by which property, whether moveable or immovable, is transferrd inter vivos and which is not otherwise specially provided for by schedule i. .....

Paradeep Port Trust. Vs. Controlling Authority and ors.

Court : Orissa

..... central government may by notification, appoint" (emphasized for appreciation)section 2(a) defines "appropriate government" means (i) in relation to an establishment: (a) belonging to, and under the control of central government (b) having branches more than one state, (c) of a factory belonging to, or the control of, central government (d) of a major port, mine, oilfield or railway company, the central government, (e) in any other case, the state government.sub-section (i) of section 2 defines 'major port' has the same meaning assigned to it in clause (8) of section 3 of the indian ports act, 1908, hereinafter referred to as the i.p. ..... the said section 2 of clause 'n' defines 'port' has the same meaning assigned to it in clause (4) of section 3 of the indian ports act, 1908.11. ..... the object of the indian port act,1908 (15 of 1908) was to collect provisions of six acts and to incorporate them into one act. ..... the indian ports act, 1908 has been amended by five other acts. ..... sub-section (8) of section 3 of the indian ports act defines 'major port' as any port which the central government may by notification in the official gazette declare or may under any law for the time being in force have been declared to be a major port.12. ..... the indian ports act defines ' port' at sub-section (4) of section 3 to include also any part of river or channel in which that act is for the time being in force. .....

The Shipping Corporation of India Ltd., Bombay and anr. Vs. the Union ...

Court : Andhra Pradesh

Reported in : AIR1976AP261

..... above contentions, it would be clear that three questions arise for decision in these appeals namely, (1) whether the issuance of a receipt under sub-section (2) of section 42 of the act discharges the carrier from any liability for the loss or damage to the goods (occurring thereafter) towards the consignee and whether the port trust becomes liable for the said goods from the date of the said receipt to the consignee; (2) what is the object of the notice ..... ---(1) subject to the provisions of this act, the responsibility of any board for the loss, destruction or deterioration of goods of which it has taken charge shall, (i) in the case of goods received for carriage by railway, be governed by the provisions of the indian railways act, 1890; and(ii) in other cases, be that of a bailer under sections 151, 152 and 161 of the indian contract act, 1872 omitting the words 'in the absence of any special contract' in section 152 of the act ; provided that no responsibility under this ..... section shall attach to the board until a receipt mentioned in sub .....

M/S Yazdani International P.Ltd. Vs. Auroglobal Comtrade P.Ltd.and ors ...

Court : Supreme Court of India

..... of all major ports including the paradeep port are regulated by various enactments such as the indian ports act, 1908 and the major port trusts act, 1963 (hereinafter referred to as the act ) etc. ..... ft per month under the scale of rates fixed by the tariff authority created under section 47a of the act, the appellant is compelled to pay substantially higher amount, apart from the amount fixed by ..... of the above-mentioned policies, the government took note of the fact that under section 34 of the act, the board of a major port can lease out its immovable property . ..... noticed that the board is bound by the policy directions given by the government of india under section 111 of the act, and that the government of india from time to time issued policy guidelines. ..... government to issue directions to board - (1) without prejudice to the foregoing provisions of this chapter, the authority and every board shall, in the discharge of its functions under this act, be bound by such directions on questions of policy as the central government may give in writing to it from time to time: provided that the authority or the board, as the case may be, shall be given opportunity to express its views before any direction is given under this sub-section. ..... in exercise of the authority under section 111, it appears that the central government issued certain directions to all the major ports except kolkata and mumbai styled as land policy for major ports initially in the year 2004 which was modified in the .....