Judgment Search Results Home > Cases Phrase: indian ports act 1908 section 9 power to cut warps and ropes Court: us supreme court Page 1 of about 10 results (0.088 seconds)

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. .....

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. .....

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

Court : Supreme Court of India

..... 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. ..... 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. ..... 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 ..... 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 . ..... 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 ..... power of central 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 .....

The State of Bihar and anr. Vs. Kedar Sao and anr.

Court : Supreme Court of India

Reported in : AIR2003SC3650; 2003(2)ALD(Cri)670; 2003CriLJ4903; JT2003(7)SC276; 2003(6)SCALE639; (2004)9SCC344

..... the high court while accepting the stand of the private party held that the provisions of bihar forest produce (regulation of trade) act, 1984 (hereinafter referred to as 'trade act'), alone applied to the case by virtue of section 32 of the said act and the provisions of the indian forest act, 1927 stood excluded and consequently the authorities under the central enactment had no powers to confiscate the vehicle and the order passed was wholly without jurisdiction. ..... (other than the forest produce seized shall be made if any person referred to in clause (b) of sub-section (4) proves to the satisfaction of authorized officer that any such tools, arms, boats, ropes, chains or other articles were used without his knowledge or convenience or as the case may be, without the knowledge or convenience of his servant or agent and that all reasonable and necessary precautions had been taken against use of the objects aforesaid for commission of forest offence.'12. ..... the range officer was said to have submitted prosecution report against the respondents m/s kedar sao and prem kumar that the investigation in the matter revealed that the katha seized was illegally manufactured after illegal cutting of khair trees from delho, jarhi, kori, chardram and sima protected forest within the chatra south forest division and sought for the confiscation of the seized truck. ..... it is further urged that cutting, felling, girdling, lopping and tapping, etc. .....

M/S. Raptakos Brett and Co. Ltd. Vs. Ganesh Property

Court : Supreme Court of India

Reported in : 1998VIIAD(SC)37; AIR1998SC3085; (1999)1CALLT22(SC); 1999(1)CTC175; JT1998(6)SC289; 1998(5)SCALE195; (1998)7SCC184; [1998]Supp1SCR485

..... submitted that section 108(q) of the property act itself provides that it is subject to the contract or local usage to the contrary and that section 4 of the property act lays down that chapters and sections of this act which relate to contracts shall be taken as part of the indian contract act, ..... statutory right of the lessee to be put in possession on the extent of the lease as per the said sub-section (b) would get curtailed or superimposed by the contractual right of the lessor to wait for the aforesaid period of delay and it will simultaneously cut across the statutory right of the lessee to be put in possession on the later's ..... contrary. thus on a conjoint reading of the statutory scheme of section 108 and section 4 of the property act and section 1 of the contract act it must be held that in absence of such contrary legally permissible contracts, the statutory rights and liabilities of lessors and lessees is laid down under section 108 of the property act, especially section 108(q) in the present case would remain fully operative by force ..... for such a liberal view would be to avoid unnecessary multiplicity of proceedings based on mere technicalities.in this connection it was submitted that even though the suit is found to be barred under order 69 rule (2) of the partnership act and, therefore, the plaint gets rejected under order 7 rule 11(d), as per order 7 rule 13 fresh suit can always be filed on the same cause of action leaving aside the further question whether the said defective .....

Distt. Registrar and Collector, Hyderabad and anr. Vs. Canara Bank Etc ...

Court : Supreme Court of India

Reported in : AIR2005SC186; [2005]126CompCas356(SC); 2004(5)CTC376; JT2004(9)SC379; 2004(9)SCALE215; (2005)1SCC496

..... that in holding the impugned section 73 of the act ultra vires of the constitution and other provisions of the indian stamp act, the high court has arrived at four findings: firstly, that the amended section 73 is inconsistent with the other provisions of the act; secondly, that the provision is violative of the principles of natural justice; thirdly, the provision is arbitrary and unreasonable and hence violative of article 14 of the constitution; and fourthly, there are no guidelines provided for the exercise of power by the authorized persons ..... under the amended section 73 which is either arbitrary .....

American Home Products Corporation Vs. Mac Laboratories Pvt. Ltd. and ...

Court : Supreme Court of India

Reported in : AIR1986SC137; 1985(2)SCALE933; (1986)1SCC465; [1985]Supp3SCR264

..... registered on terms which are unexceptionable, is a situation fraught with three-quarters irony and the rest unconscious humour.it is not for the courts of law to provide relief where relief should be provided by the legislature by ignoring a conscious departure the statute has made, strain its construction and assume powers which more properly belong to the legislature.a proper construction of the relevant sections of the 1958 act shows that there is neither any cause for sardonic merriment ..... indian court on a particular point of law, english decisions in which judgments were delivered by judges held in high repute can be referred to as they are decisions of courts of a country from which indian jurisprudence and a large part of our law is derived, for they are authorities of high persuasive value to which the court may legitimately turn for assistance; but whether the rule laid down in any of these cases can ..... thereof. assuming than the existence of the special fiction created by section 29(2) cuts down the full operation of the general fiction enacted in section 28(2), it does not follow that the absence of such special fiction in the 1958 act will also cut down the operation of the fiction in section 48(2) in the same way by limiting it to the actual use of a trade mark ..... law. to confine the purpose only to a part of section 46 would be to substantially cut down the operation of the legal ..... mark. it will be useful to set cut the provisions of the .....

Guntur Tobaccos Ltd. Vs. the Transmission Coprn. of A.P. and anr.

Court : Supreme Court of India

Reported in : 2008LC(SC)263; JT2008(6)SC137; 2008(7)SCALE195; (2008)11SCC526; 2008AIRSCW3862

..... sishodia urged that the division bench had erred in interpreting the provisions of section 3(2)(d)(ii) along with section 4a and section 6 of the indian electricity act, 1910 in arriving at a finding that till such time the licence granted for generation of power was either modified or rectified, all the properties belonging to the undertaking would continue to remain a part ..... the high court has considered the matter in some detail and various decisions of this court and other high courts have been considered by it in ultimately coming to the conclusion that in view of sections 4 and 6 of the 1954 act read with the provisions of the indian electricity act, 1910, all the properties of the undertaking for which licence was granted for generation of electricity, remained a part of the undertaking unless the ..... 1961 the lease deeds executed by gpl in favour of gtc came to be scrutinized and it was noticed that gpl had executed the leases in favour of gtc without obtaining requisite sanction of the government in terms of section 9(2) of the indian electricity act, 1910 which rendered the lease deeds void. ..... no longer used by gpl from 1939 for the purposes of the electricity undertaking or for any other connected purpose, from 1939 it ceased to be part of the undertaking for the purposes of generation and distribution of electricity and the lease deeds executed by gpl in favour of gtc were not, therefore, hit by the provisions of section 9(2) and (3) of the indian electricity act, 1910. .....

Bhopal Sugar Industries Ltd., Madhya Pradesh and anr. Vs. D.B. Dube, S ...

Court : Supreme Court of India

Reported in : AIR1964SC1037; [1964]1SCR481; [1963]14STC410(SC)

..... the expression 'sale of goods' within the meaning of relevant legislative entry had the same connotation as 'sale of goods' in the indian sale of goods act, 1930, and therefore the state legislature had no power to enact legislation to levy tax under entry 48 of list ii in respect of transactions which were not of the nature of sales of goods strictly so called; and a building contract not being a transaction in which there was a sale of materials by the contractor who constructed the building, the ..... section 2(k) of the madhya pradesh sales of motor spirit and lubricants taxation act defines a 'retail dealer' as meaning 'any person who, on commission or otherwise, sells or keeps for sale motor spirit or lubricant for the purpose of consumption by the person by whom or on whose behalf it is or may be purchased'. ..... he has observed : 'the definition under the said section clarifies the retail sale and consumption by a retail dealer. ..... section 2(1) defines 'retail sale' as meaning 'a sale by a retail dealer of motor spirit or lubricant to a person for the purpose of consumption by the person by whom or on whose behalf it is or may be purchased and includes the consumption by a retail dealer himself or on his behalf of motor spirit or lubricants sold to him for retail sale;' (the definition is followed by an explanation which is not material for the purpose of this appeal. ..... ) section 3 is the charging section. .....