Judgment Search Results Home > Cases Phrase: major port trusts act 1963 section 34 mode of executing contracts on behalf of board Page 1 of about 563 results (0.068 seconds)

Oswal Spinning and Weaving Mills Vs. Collector of Customs and Calcutta

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (1989)(21)LC125Tri(Delhi)

..... of misfeasance, malfeasance or non-feasance of its employees appointed under the bombay port trust act in view of the proviso to section 87.the said bombay port trust act of 1879 now stands repealed after the passing of the major port trusts act, 1963, section 120 of the major port trusts act, which corresponds to section 87 of the bombay port trust act with certain modifications does not have such a proviso in section 120 of the act so as to exonerate the board from its liability for any misfeasance, malfeasance or non-feasance of its employee ..... section 3 of this act provides for constitution of board of trustees and section 5 provides that every board constituted under the act shall be a body corporate having perpetual succession and a common seal with power to acquire, hold or dispose of the property.section 33 of the act enables the board to enter into or perform any contract necessary tor the purpose of its functions under the act, while section 34 of the act lays down the mode of executing such contracts on behalf of the board ..... likewise provisions for award of interest and its mode of calculation are also provided in these acts.respondents have not cited any case law to show as to how the compensation in the instant case should be ascertained and awarded.however, section 161 of the contract act which speaks of bailee's responsibility when goods are not duly returned provides that "if, by the default of the bailee, the goods are not returned, delivered or tendered at the .....

Board of Trustees of the Post of Bombay and ors. Vs. Sriyansh Knitters

Court : Mumbai

Reported in : AIR1983Bom88; 1983(2)BomCR185; (1982)84BOMLR509

..... finding recorded by the trail judge that the board cannot exercise a right of general lien either under section 171 of the contract act or under the provisions of the major port trusts act is correct and requires no interference in these ..... 171 of the indian contract act , even assuming that there was contractual relationship between the port trust authorities and the consignee, are excluded by the provisions of the major port trusts act, 1963 as amended in the ..... of five appeals is preferred by the board of trustees of the post of bombay and its officers, and raises an interesting question as to whether the trustees of the port trust constituted under the major port trusts act, 1963 have a general lien for their dues over the consignment imported by the importers at the bombay port. ..... submission of the learned counsel is that the general lien as claimed by the board is available under the provisions of the major port trusts act, 1963 itself. ..... , the respondents sought a declaration that the circular dated october 2, 1979, is ultra vires the major port trusts act, 1963 and in violation of articles 14, 19, 265 and 300a of the constitution of india. ..... the act lays down the mode of executing such contracts on behalf of the board. ..... the parliament enacted the major port trusts act, 1963 (act 38 of 1963) to make provision for the constitution of port authorities for certain major ports in india and to vest the administration, control and management of such ports in such authorities and for matters .....

L H Mehta and 3 Vs Kandla Port Trust and 2

Court : Gujarat

..... the power to execute a contract for sale of immovable property or lease of any such property of kandla port trust is vested with the chairman of the board or with such an officer of the board not below the rank of head of a department as the chairman by general or special order authorise in this behalf under section 34 of the port trusts act, 1963. ..... the mode of executing a contract on behalf of the trustees of the kandla port trust board is prescribed under section39. ..... in other words, when a deed of transfer executed inter-se incorporate a condition of transfer fee as levied by kandla port trust, the mode and manner of such levy contravenes the provisions of transfer of property act and such conditions are rendered void.20. ..... of gandhidham township land was provisionally approved by the tariff authority for major ports by their notification dated 16.6.2008, as quoted hereunder:-(to be published in part-iii section 4 of the gazette of india, extraordinary)tariff authority for major portsno.tamp/9/2006-kpt mumbai 16 june, 2008notificationin exercise of the powers conferred under section 49 of the major port trust act, 1963 (38 of 1963), the tariff authority for major ports hereby provisionally approves the proposal of the kandla port trust for rate revision of gandhidham township land as in the order appended hereto ..... mode of executing contracts on behalf of board. .....

Sidhartha Sarawgi Vs. Board of Trustees for Port of Kolkataandor

Court : Supreme Court of India

..... section 34 of the act provides for the mode of executing contracts on behalf of board ..... resolution no.82- resolved to sanction the proposal for delegation of powers to the chairman by invocation of section 21(a) of the major port trust act, 1963, the power to terminate leases sanctioned by the trustees and to authorizing him to issue ejectment notices, ..... that is what we see under section 21 and 34 of the major port trusts act, 1963, which we shall be discussing in more ..... the major port trusts act, 1963 (hereinafter referred to as, the act ) is an act intended to make provision for the constitution of port authorities for certain major ports in india and to vest the administration, control and management of such ports in ..... in exercise of the power under section 21 on delegation of powers, the board of the kolkata port trust passed resolution no.82 dated 26.05.1988 delegating the ..... on behalf of the board of kolkata port trust, it is contended that the decision to terminate the lease has actually been taken by the chairman and the issuance of notice of termination in furtherance of the decision taken by the ..... executed by the land manager of the kolkata port trust ..... our attention is also invited to office order no.6480/3/0 dated 22.01.1990, which reads as under: - calcutta port trust no.6480/3/0 january 22, 1990 office order henceforth ejectment (sic) notices in respect of leases determined with my approval may be signed by any one of the undernoted officers: calcutta1) deputy chairman .....

Ch. Jagannatha Reddy Vs. Chairman Visakhapatnam Port Trust, Vishkhapat ...

Court : Andhra Pradesh

Reported in : 1998(3)ALD60; 1998(3)ALT536

..... ' it is also relevant to bear in mind the scope of section 34(1) of the at which reads as follows: 'mode of executing contracts on behalf of board :-(1) every contract shall, on behalf of a board, be made by the chairman or by any such officer of the board not below the rank of the head of a department as the chairman may, by general or special order, authorise in this behalf and shall be sealed with the common seal of the board : provided that no contract whereof the value or amount exceeds such value or amount as the central government may from time to time fix in this ..... according to him, the department of surface transport, government of india is administering the visakhapatnam port trust (2nd respondent) under the provisions of major port trust act, 1963, hereinafter referred to 'the 1963 act'. ..... he also took us to some of the provisions of major port trust act, 1963 and the decisions on the scope of public interest litigation which will be referred to a little later.22. ..... the visakhapatnam port trust is acorporate body constituted under section 5 of the major port act, 1963. ..... according to the petitioner, the port trusts arc required to function under the rules and regulations under the 1963 act which include allotment of t-sheds and berths. .....

Seaways Shipping Ltd. Having Its Office at Ii Floor, Rahmat Manzil, 51 ...

Court : Chennai

Reported in : 1998(3)CTC318

..... 'section 123 of the major port trusts act, 1963 specifically empowers the board to make regulations consistent with the act for various purposes which includes: (f) for the safe, efficient and convenient use, management and control of the docks, wharves, quays, jetties, railways, tramways, buildings and other works constructed or acquired by, or vested in, the board, or of any land or foreshore acquired by, or vested in, the board under this act; (j) for regulating, declaring and defining the docks, wharves, quays, jetties, stages, and piers ..... the learned senior counsel points out that section 133 of the major port trusts act, 1963 has repealed the indian ports act, 1908 as also the madras port trust act, 1905 and, therefore, the regulations thereunder must be deemed to have been repealed. ..... section 34 provides the modalities of executing contracts on behalf of the board, while section 42(3) provides that the board may, with the previous sanction of the central government, authorise any person to perform any of the services mentioned in sub-section (1) on such terms and conditions as may be agreed upon. ..... the apex court has further observed as follows:-'but the court is entitled to consider whether the degree and mode of the regulation is in excess of the requirement or is imposed in an arbitrary manner. .....

Surana Industries Ltd. Vs. Good Earth Maritime Ltd., Owners of the Ves ...

Court : Chennai

Reported in : AIR2006Mad93; (2005)4MLJ375

..... the writ petitioner alleged that the respondent-port trust neglected to perform its statutory duty under section 60 of the major port trusts act, 1963, and hence the petitioner had to file this writ petition for a writ of mandamus for a direction directing the respondent-port trust to perform its duty under section 60 of the major port trusts act, 1963 by receiving the cargo from the petitioner's vessel and recognize the maritime lien of the petitioner on the discharged cargo and hold the cargo as statutory bailee of the petitioner ..... (3)upon the production before any officer appointed by the board in that behalf of a document purporting to be a receipt for, or release from, the amount of such lien, executed by the person by whom or on whose behalf such notice has been given, the board may permit such goods to be removed without regard to such lien, provided that the board shall have used reasonable care in respect to the authenticity of such document.9. ..... as a result of the impugned order of the learned single judge, the appellant had been divested of its rights as per its contract with the seller, because taking advantage of the said order the respondents have refused delivery of the consignment to the appellant.27. ..... the learned counsel for the appellant further submitted that writ jurisdiction cannot be invoked to decide and interpret the terms of a contract between private parties. ..... the appellant purchased the said cargo from the seller under the sale contract dated 20.01.2005. .....

Arulmigu Dhandayuthapani Swami Thirukkoil Vs. Commercial Tax Officer-i ...

Court : Chennai

Reported in : (1998)IMLJ160

..... all the services performed/rendered by the board and enumerated in section 42 of the major port trusts act, attract the payment of statutory dues as provided for in the trust's scale of rates framed under section 48 of the major port trusts act and such scales of rates have been declared to have the force of ..... the railways, which is carrier of goods, under section 43 of the major port trusts act, the port trust is a statutory bailee of the goods. ..... we are of the view that as the provisions of the major port trusts act and the tamil nadu general sales tax act stand today or stood on the date when the notice was issued to the port trust, the port trust cannot be directed to be registered as a 'dealer'. ..... the major port trusts act has not been amended so as to change the very character and nature of the activities of the port trust, so as to make it a commercial or a business venture or so as to bring the port trust in line with the railways, which is held to be a ..... distributing goods either as a factor, a broker, a commission agent or arhati, a del credere agent or an auctioneer, or any other mercantile agent, on behalf of any principal, or through whom the the goods are bought, sold, supplied or distributed, whereas it has been pointed out in the earlier decision and is also clear from the provisions of the major port trusts act that the port trust is not carrying on the auction sales either as a principal or as a factor, a broker, a commission agent or arhati, a del credere agent .....

Arulmigu Dhandayuthapani Swami Thirukkoil, Represented by the Joint Co ...

Court : Chennai

Reported in : (1998)1MLJ160

..... all the services per-formed/tendered by the board and enumerated in section 42 of the major port trusts act attract the payment of statutory dues as provided for in the trusts scale of rates framed under section 48 of the major port trusts act and such scales of rates have been declared to have the force of ..... unlike the rail-ways, which is carrier of goods, under section 43 of the major port trusts act, the port trust is a statutory bailee of the goods. ..... we are of the view that as the provisions of the major port trusts act and the tamil nadu general sales tax act stand today or stood on the date when the notice was issued to the port trust, the port trust cannot be directed to be registered as a 'dealer'. ..... the major port trusts act has not been amended so as to change the very character and nature of the activities of the port trust, so as to make it a commercial or a business venture or so as to bring the port trust in line with the railways, which is held to be a ..... distributing goods either as a factor, a broker, a commission agent or arhati, a del credere agent or an auctioneer, or any other mercantile agent, on behalf of any principal, or through whom the goods are brought, sold, supplied or distributed, whereas it has been pointed out in the earlier decision and is also clear from the provisions of the major port trusts act that the port trust is not carrying on the auction sales either as a principal or as a factor, a broker, a com-mission agent or arhati, a del credere .....

Bharat Singh Vs. M.V. Kamal XLVI and Others

Court : Mumbai

..... the admitted position is that the port has not exercised their rights and powers under section 64 of the major port trusts act, 1963, which reads as under :- "(1) recovery of rates and charges by distraint of vessel- (1) if the master of any vessel in respect of which any rates or penalties are payable under this act, or under any regulations or orders made in pursuance thereof, refuses or neglects to pay the same or any part thereof on demand, the board may distrain or arrest such vessel and the tackle ..... in my opinion, therefore, the following question can be referred for consideration to a larger bench :- "whether a port that did not exercise its rights and powers under section 64 or under section 64(2) of the major port trusts act 1963 can approach the court and seek payment of its claim from the sale proceeds of a vessel lying with the admiralty registrar pursuant to a court auction in suit filed by a rival claimant, without being required to prove ..... contended before the hon'ble court that the calcutta port trust by not exercising their right under section 64 of the major port trusts act, 1963 had waived their lien over the vessel and consequently the claim of icici ltd. ..... jaisu also had a contract with the port for dredging and as part of the contract the vessels were kept in the port. ..... shailendra kohli, deputy conservator of port, filed on behalf of the applicant. .....