Judgment Search Results Home > Cases Phrase: inland vessels act 1917 section 16 report of suspension or cancellation of certain certificates Page 1 of about 3 results (0.056 seconds)

Harizan Naw Avam Jahaj Tatha Sadak Yatayat Swavalmbi Sahakari Samiti L ...

Court : Patna

..... in the said instruction the secretary while stating that there is provision of grant of declaration certificate under sections 4(1) and 7 of the inland vessels act, 1917 and on such declaration certificate there is provision for grant of survey certificate under section 9(4) by the competent authority it cannot be said to be compliance of the provisions of the act, in later and spirit in the absence of proper examination of the vessel and on account of lack of drydocking facilities in bihar. ..... can be dangerous for the view point of security of the passenger and the goods, and thus has issued instruction that in course of inspection declaration given by the motor vehicle inspector should not be accepted as survey certificate with respect to the vessel and if the same has unknowingly been accepted then all such certificate should be cancelled immediately and such vessels should not be considered fit for use of ferry until a survey ..... the secretary has also stated that the motor vehicle inspector is empowered to survey inland vessels and submit his report to the chief surveyor. ..... in the said case this court on consideration that the petitioner having participated in the proceeding, obtained favourable orders at one stage, cannot question competence or jurisdiction of the commissioner merely because he later passed certain orders which were not palatable to him. .....

Liverpool and London S.P. and I Asson. Ltd. Vs. M.V. Sea Success I and ...

Court : Supreme Court of India

Reported in : JT2003(9)SC218; 2003(10)SCALE1; (2004)9SCC512

..... reference in this connection has been placed on the inland vessels act, 1917 (as amended in the year 1977), the merchant shipping act, 1956 (as amended in 1983) and multimodal transportation of goods act, 1993 (as amended in 2000) and in that view of the matter the pedantic and regressive view should be discouraged specially in the light of the judgment of this court in m.v. ..... it appears that the matter is pending in appeal.yet again in gatoil international (supra), it was held:'an agreement for the cancellation of a contract for the carriage of goods in a ship or for the use or hire of a ship would, i think, show a sufficiently direct connection. ..... for the aforementioned purpose, the material facts are required to be stated but not the evidence except in certain cases where the pleading relies on any misrepresentation, fraud, breach of trust, wilful, default, or undue influence.145. ..... in section (c), paragraph 1(b), proof of financial responsibility by entry in a p&i; club must include a certificate of entry and must include 'all addenda pertaining to the amount and applicability of oil pollution cover and amount of deductibles. ..... 2 lloyd's law reports 103] the claim relating to supply of crew was held to be 'necessary' stating:'before considering whether the concept of necessaries encompasses the provision or supply of crew, it is important to bear in mind that it has long been established that no ..... 2 lloyd's law reports 362], it has been held:'to address these concerns, mr. .....

Ghatal Steam Navigation Co. Ltd. Vs. Union of India (Uoi) and ors.

Court : Kolkata

Reported in : (2005)1CALLT291(HC),[2005(105)FLR176],(2005)IILLJ99Cal

..... of the 'inland water' is taken under section 2(b) of the inland vessels act, 1917. ..... such notification by the ministry of labour cannot be controlled as if it will be applicable either in inland vessels act, 1917 or the major port trusts act, 1963 or bengal waterways act, 1934 or bengal ferries act, 1885 or the canals act, 1964 because all are dealing with the inland water establishments. ..... those vessels cannot be covered as vessels under the inland vessels act, 1917. ..... neither the inland vessels act nor the major port trusts act nor the bengal waterways act nor bengal ferries act nor the canals act controlled the applicability of the coverage of ..... whereunder government of west bengal in exercise of the powers conferred of clause (b) of sub-section (3) of section 1 of the employees' provident funds and miscellaneous provisions act, 1952 specified all inland water transport establishments and employing twenty or more persons as a class of establishment to which the provisions of the said act shall apply with effect from 31.5.1980. ..... act under section 70 the central government is given power to issue notification how much of any tidal water shall be deemed to be an inland water for the purpose of this act ..... by the petitioner in carrying out such business of ferry service, no permission is required from the respective authorities constituted under bengal waterways act, 1934, bengal ferries act, 1985 and the canals act, 1964 all of which acts are applicable to inland water establishments. .....

Rangaswamy and anr. Vs. State of Karnataka and ors.

Court : Karnataka

Reported in : 2009(3)KarLJ316

..... , to run such public ferry service, by means of auctioning the right to do so by engaging competent person/s who own/s or possess motor boat duly certified by the authorities under the inland vessels act, 1917 and who is/are legally qualified and competent to ply in the said river basis as a means of public water transport.2. ..... the jurisdiction of the first respondent-rural development and panchayat raj department, the 5th respondent is the town municipality of nanjangud, the 6th and 7th respondents are the competent authorities under the provisions of inland vessels act, 1917 and mysore harbour craft rules, 1963.3. ..... .6.2 even though schedules i, ii and iii originally do not deal with the identification of waterways suitable for regular ferry services, by exercising power under section 312 of the act, the state government by notification dated 18th august, 2003 amended schedules i, ii and iii of the karnataka panchayat raj act with reference to sections 58, 145 and 184 respectively, as referred to above.6.3 as per the said notification dated 18th august, 2003, the zilla panchayat is empowered in the matter ..... the grievance of the petitioners is that even though the sixth respondent gave competency certificate to two persons as early as in january 2007 for plying water vessels in kapila river and licences are also issued to them, no inland transport is made available to the public at large and as a result, there is deficiency of service to the public at large.4. .....

Vittal Laxman Kalgutkar and ors. Vs. State of Mysore and ors.

Court : Karnataka

Reported in : AIR1968Kant279; AIR1968Mys279; (1967)1MysLJ533

..... section 17 of the bombay ferries (and inland vessels) act, which we shall call the bombay ferries act, there was delegation of the power of government to lease a public ferry by public auction or private contract under section 5 of that act ..... the court below and in this court, that although the executive engineer of north kanara district was a delegate of the power to grant a lease of a public ferry under section 5 of the bombay ferries act, the power to accept the highest bid in the public auction conducted by the executive engineer was reserved by government under the 31st clause of the notification relating to the ..... highest bidder fails to pay 1/10th of the bid amount on the spot immediately after the 3rd call, his bid will be cancelled and the ferry will again be put to auction at the same sitting and the original bidder will not be allowed to bid ..... by government under that clause, it becomes obvious that that clause announced to the intending bidders that in respect of the sale proposed to be conducted, the power created by section 5 would be effectively exercised only by government and that the selection of the bid by the executive engineer would have no higher status that a mere recommendation. ..... clause of the notification preceding the 31st clause, we find a reference to the executive engineer and if the 31st clause preserved certain power in government, it will be unreasonable to think that the author of the notification was referring to the executive engineer in that ..... certain .....

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

Court : Mumbai

Reported in : 2002(2)BomCR537

..... he referred to the inland vessels act, 1917 (amendment in 1977), the merchant shipping act, 1956 (amendment in 1983) and the multimodal transportation of goods act, 1993 (amendment in 2000) to show the trend of domestic legislation in india towards making insurance compulsory and mandatory for ships and multimodal transport operators and submitted that there is no good reason for holding that ..... apart from matters covered by the merchant shipping acts, 1894 to 1979 (referred to in sub-section (3)) and certain other matters, various questions and claims are enumerated in sub-section (2). ..... that major ports like bombay and calcutta have issued circulars in exercise of the powers conferred upon them that all ships calling at the concerned port must have a valid p & i cover or equivalent cover and a certificate of the entry of the vessel with such p & i club should be submitted to the port and the vessel which does not have such cover will be denied entry to the port. ..... dukh haran nath singh, : air1962sc941 , held in paragraph 9 of the report thus:'(9).........by the express terms of rule 5, clause (d), the court is concerned to ascertain whether the allegations made in the petition show a cause of action. ..... 1 vessel is cancelled and prothonotary and senior master is directed to return the same to the owners of the defendant no. .....

A. Aruna and ors. Vs. State of Andhra Pradesh and anr.

Court : Andhra Pradesh

Reported in : 2002(6)ALD548; 2003(2)ALT770

..... use the motor vehicle in any public place in the state during the said period; and (ii) record in the certificate of registration in respect of the motor vehicle for which such certificate is granted under the motor vehicles act, if no such certificate of registration is granted in respect of a motor vehicle, in a certificate in such form as may be notified by the government, that the tax has been paid or that no ..... other person having possession or control thereof: provided that if the tax in respect of the motor vehicles referred to in the second proviso to sub-section (2) of section 3 has already been paid under sub-section (2) of section 3 prior to the 1st april, 1987 the tax specified under the aforesaid second proviso shall be levied after expiry of the period for ..... of life tax in respect of four wheelers other than chasis of motor vehicles and omni buses on the basis of the cost of those vehicles is unconstitutional, besides certain other subsidiary questions such as whether the impugned provisions are unconstitutional, ultra vires the power of the state legislature and offend articles 14 and 19(1)(g) of the constitution; whether ..... 304(b), it would be open to the state to sustain the restriction imposed by the tax levied under the assam taxation (on goods carried by road or on inland waterways) act (10 of 1961) on the ground that the tax is levied not merely to raise general revenue for the state which itself is a public purpose, but ..... the supreme court reported in shaktikumar .....

V.R. Bhate and ors. Vs. State of Maharashtra

Court : Supreme Court of India

Reported in : AIR1970SC1362; 1970CriLJ1261; (1970)3SCC13

..... the certificate of survey issued on 3rd november, 1981 by the principal officer, mercantile marine department, bombay district under the inland steam vessels act, 1917 (exhibit 166) showed that besides the crew of 6 persons the launch was authorised to carry 46 passengers ..... charges framed against the accused were under sections 120b and 282 of the indian penal code and section 58 of the inland steam vessels act, 1917 and section 54 of the indian ports act read with rule 19 of the bombay minor ports passengers vessels rules. ..... the appeal is allowed as far as conviction under section 282 of the indian penal code is concerned and the conviction under section 58 of the inland steam vessels act is confirmed with the modification of the imposition of the ..... to 11 were also charged for offences under section 63 of the inland steam vessels act and section 304a of the indian penal code.6. ..... the trial court held that under section 58 of the inland steam vessels act the owner and the master were liable, accused ..... the conviction of the appellants under section 58 of the inland steam vessels act is upheld but the imposition of fine is altered ..... i, 2, 4 and 5 under section 58 of the inland steam vessels act and sentenced each of them to pay a fine of ..... bhate, yeshwant krishna karmarkar and ismail shaikh daud pawaskar under section 58 of the inland steam vessels act, 1917 though their convictions under the said section were confirmed and the separate sentences imposed by the sessions judge were set .....

Damodar Mangalji and Co. Ltd. Vs. Oriental Fire and General Insurance ...

Court : Mumbai

Reported in : AIR2006Bom41; 2006(1)ALLMR643

..... 6 appears to be a declaration under section 7 of the inland vessels act, 1917. ..... admittedly, there is no certificate as contemplated under section 9 of the indian vessels act, 1917 prepared in respect of barge 'm. v. ..... the certificate prepared under section 9 of the indian vessels act, 1917 could have shown whether the barge was fit for navigation or not,11. ..... prabhat' did not have a survey certificate as provided under the inland vessels act; and (two) that the master of the barge rajaram saunto was not [qualified to man the barge at the relevant time inasmuch as did not have first class certificate.4. ..... moreover, under the indian vessels act, 1917, after the declaration is made by the surveyor under section 7 of the said act, the owner or the master is required to forward the said declaration to the competent officer notified by the state government within 14 days from the date of receipt of such declaration and thereafter as provided in section 9 of the said act, the competent officer notified by the state government causes a certificate to be prepared. ..... prabhat' did not have certificate of survey and (two) that rajaram saunto who was the master of the vessel had second class master certificate only and (three) that there was no dispensation of certificate by the captain of ports or dy. ..... the issuance of the policy was delayed because the defendants had sought certain clarifications regarding the actual premium rates from the tariff advisory committee. .....

Mr. Allan S.F. Falerio Vs. State of Goa Through the Chief Secretary, S ...

Court : Mumbai

Reported in : 2010(112)BomLR7

..... 2 was also not qualified to be appointed as a surveyor in terms of sub-section(4) of section 20 of the inland vessels act, 1917, as was done by notification dated 14-6-1996(at page 59 of the paper book) but this submission was given up, on behalf of the petitioner, after the learned advocate general took an objection that the petitioner has not raised ..... referred to hereinbefore, also specifically state that the objective of the said rules is to give full effect of implementation to the provisions of international convention on standards of training, certification and watchkeeping for seafarers, 1978 as amended on 7-7-1995 and adopted by the international maritime organization, london, and further provides, in tune with section 78 of the said act that issuance of coc may be issued to the grades mentioned therein, which includes the grade of a master of a foreign going ship, etc. ..... (coc, for short) of master of foreign going ship dated 27-5-1977 issued by the director general of shipping is not valid as per the international convention on standards of training, certification and watchkeeping for seafarers, 1978(stcw convention, for short) which has been ratified by indian parliament on 28-4-1984 and which in terms of article vi thereof requires that every person as on 28-4-1984 holding a coc prior to the ..... the master of the ship will certainly require greater competence than a captain of port.18. .....