Judgment Search Results Home > Cases Phrase: indian ports act 1908 section 9 power to cut warps and ropes Page 1 of about 22 results (0.150 seconds)

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

Court : Kolkata

Reported in : (1997)2CALLT359(HC)

..... 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. ..... just as section 14 of the indian ports act provides for the giving of a notice by the conservator, so also it provides that if the salvaging operation is not undertaken by the owner or security is not furnished, the port authorities might themselves raise the vessel and the property that they salvage by reason of the notice given under section 14 might be sold by them to recover the salvage costs pro-tanta. ..... it the master can give security from foreign assets, and does not so give intentionally to delay the plaintiff, he can be held under a threat of arrest, but we emphasise that he cannot be held under a threat of arrest so that some other person might bring in some money belonging to that person for his release; then, and in that case, it is an exercise of a power of keeping a hostage which power does not exist in the indian courts. ..... it was noted that the salvaging operation might be complex and that it might involve cutting up of the ship underneath water.16. .....

Essar Bulk Terminial Limited Vs. The State of Gujarat

Court : Supreme Court of India

..... 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. ..... 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. ..... sections 3(9), 4 and 5 of the indian ports act read as under ..... attacked the notification stating that it was ultra vires section 5 of the indian ports act, which required public interest alone to be seen ..... not, therefore, satisfied that the notification is ultra vires section 5 of the indian ports act. ..... , 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 ..... 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. .....

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 (laws) regulation, 1963 is totally misconceived. ..... rites india limited by his letter dated january 27, 2001 informed the principal secretary (power and ports), government of pondicherry that even within the extended time limit, the parties mentioned had not submitted valid bank guarantees. ..... thus in all, 27 firms/companies were invited to make their presentation before the committee.on december 3, 2004 the vice president of marshall power & consultancy services informed the director of ports by e-mail that the officials of the company were busy on 7th and 8th of december, 2004 and, therefore, meeting dated december 11, 2004 be postponed. ..... rites india limited by his letter dated january 15, 2001 informed the principal secretary (power and ports) government of pondicherry that till the last date of submission of detailed proposals it had received proposals from two parties, namely, (i) consortium with m/s. ..... the meeting was attended by the principal secretary (power and ports), government of pondicherry, and only three parties/ consortiums, i.e., (i) m/s. ..... a conjoint and meaningful reading of the provisions of the constitution read with regulation 6(b) of the pondicherry (laws) regulation, 1963 leaves no doubt that the power in respect of pondicherry port necessarily vests in the government of pondicherry and not in the central government. .....

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

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Ahmedabad

..... mpta, 1963, while the relevant act applicable to pipavav port was actually indian ports act, 1908 and gmb act, 1981 further section 32(1) of the gmb act specifically covers stevedoring. ..... insofar as the appellant is concerned we find that the license issued to the appellant for undertaking stevedoring operations as also lighterage has been issued under rule 6(1)(kk) of the indian ports act which deals with the power to make regulations for licensing purposes which is distinct from an authorization under section 32(3). 20. ..... again as per the law lexicon [page 3930] vide page 27 of the present submissions, licence is a power or authority to do some act which, without such authority, could not lawfully be done and [page 3931 ibid] vide page 28 of submissions, in the popular as also in the legal sense, a licence is a permission to do something which, without the licence would not be allowable. ..... the appellant had in the course of personal hearing brought on record an authorization issued by the gmb vide notification no.gmb/t/12(25)/37-38/2007-16 dated 08.08.2007 in exercise of powers conferred under section 32(3) of the gmb act, 1980, authorizing m/s. ..... we find that insofar as minor ports are concerned both the union as well as the state government have the powers to make laws. .....

Delta Engineers Vs. State of Goa and ors.

Court : Supreme Court of India

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

..... of piers, jetties, landing 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 ports rules, 1983 (`rules' for short). ..... of such width as may be deemed necessary within any such port and along or near to the piers, jetties, landing places, wharves, quays, dock moorings and other works in or adjoining to the same; regulation of anchoring, fastening, mooring and un-mooring of vessels in the port; regulation of the moving and warping of all vessels within any such port and the use of warps therein; regulation of the use of the mooring buoys, chains and other moorings in the port; regulation of the use of piers, jetties, landing places, wharves ..... the barges/boats that were repaired in appellant's workshop were moored (that is made fast by attaching a cable or rope to a fixed object on the shore or the bank of the river) along side the workshop during high tides. .....

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

Court : Mumbai

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

..... 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. ..... record; (iii) if the termination in the present case is held to be a termination on the ground of misconduct an opportunity ought to have been given by the industrial tribunal to the employer to substantiate the charge of misconduct by leading evidence and this opportunity was denied despite a specific plea in that regard made in the written statement; (iv) the judgment of the learned single judge contained a detailed reappreciation of the evidence, an exercise which ought not to have been ..... the employer has urged the following grounds of challenge: (i) the appropriate government within the meaning of section 2(a) of the industrial disputes act, 1947 is not the central government but the state government and, therefore, the reference to adjudication by the central government was not competent; (ii) in a termination for loss of confidence, individual cases of misconduct need not be proved and the material on the basis of which confidence has been lost has to be placed on the ..... some tangible basis and the power has to be exercised by the employer objectively, in good faith, which means honestly with due care and prudence. ..... if it is not, and is a colourable exercise of the power under the contract of service or standing orders, the tribunal can discard it and in a proper case direct reinstatement.the same position was reiterated in a judgment of the .....

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. ..... 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 ..... since the document p-2 of 1962 is a sale deed of cinema hall and machinery which in the nature of things is an immovable property, it chargeable with the surcharge under section 120 of the andhra pradesh municipalities act, 1965 in addition to stamp duty payable under articles 20 of schedule 1-a ..... (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 rate as may be fixed by the government, not exceeding five per centum on the amount specified below against such instrument ..... 1-a of the indian stamp act, surcharge under section 120 as stated above ..... 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. ..... 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. .....

Paradeep Port Trust. Vs. Controlling Authority and ors.

Court : Orissa

..... as the 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. ..... uner section 28 of the said act the board of directors has been given the power to frame rules and the scheme regarding payment of gratuity, etc. ..... section 7a and 7b provide for appointment of inspectors by appropriate government and their powers.16. ..... petitioner-trust functions under the central government as the central government has the ultimate power and control to frame rules, directions supersede the board and inspect to work, appoint the chairman and board of trustees, as it is a statutory authority under the 'mpt act'. ..... major port is governed under the major port trust act, 1963, hereinafter referred to as the 'mpt act', and the said act gives the board independent powers to make regulations for payment of gratuity along with other service conditions subject to approval of central government. .....

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

Court : Andhra Pradesh

Reported in : AIR1976AP261

..... for answering the first question, it is necessary to examine certain provisions of the act which are relevant in this behalf namely sections 42 and 43, which may be set out in full---section 42 performance of services by board or other person--- (1) a board shall have power to undertake the following services : (a) landing, shipping or transshipping passengers and goods between vessels in the port and the wharves, piers, quays or docks belonging to or in the possession of the board ;(b) receiving, removing ..... , storing or delivering goods brought within the board's premises;(c) carrying passengers by rail or by other means within the limits of the port or ports approaches, subject to such restrictions and conditions as the central government may think fit to impose : and(d) receiving and delivering, transporting and booking and despatching goods originating in the vessels in the port and intended for carriage by the neighbouring railways, or vice versa as a railway administration under the indian railways act, 1890. ..... 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 .....

Commissioners for the Port of Calcutta and anr. Vs. Asit Ranjan Majumd ...

Court : Kolkata

Reported in : AIR1962Cal530

..... the area of the calcutta port is defined by notification under section 5 of the indian ports act, 1908 and under section 6 of which the government has power to make port rules for various purposes mentioned there. ..... under section 7 of the indian ports act, conservators are appointed for the ports and the commissioners for the port of calcutta are appointed conservators under rule 2 of the port rules. ..... in coming to this conclusion we have kept in view the wide bye-law making powers under section 126 of the calcutta port act, the representative character and constitution of the commissioners for the port of calcutta under section 5 pf the calcutta port act and the scheme for making bye-laws and the publicity attendant on the confirmation there-of by the government of india as envisaged in section 126 of the calcutta port act as sufficient normal safeguards against anything unintelligible or unreasonable being produced either by those who are making the ..... the state of punjab : [1960]2scr239 , because a bare analysis of the calcutta port act and the indian ports act will plainly show the special nature and character of the port and its functions, control, possession, ownership and management. ..... the bye-law requiring licence for stevedoring work in the dock is not in our view inconsistent with the calcutta port act and the indian ports act, 1889 as a general proposition. .....