Court : Madhya Pradesh
Reported in : 1997(1)MPLJ459
..... by this time the merchant shipping (salvage) act, 1916, had been passed, which by section 1 thereof provided that notwithstanding the provisions of section 357, merchant shipping act, 1894 :'where salvage services are rendered by any ship belonging to his majesty and that ship is a ship specially equipped with a ..... merchant shipping act, 1894, which provides that if salvage services are rendered by any ship 'belonging to her majesty' no claim shall be ..... the part of the crown has been to vest the vessel, at any rate for the period when the vesting and diverting occurred, absolutely and undisputedly in the crown as a ring's ship, with a king's officer in command, a king's crew in charge, the whole of the expenses being at the public charge through the admiralty, and the whole of the risk at the cost of the public. ..... the terms of the charier, the result of which was that the ship was commandeered by his majesty, a commander holding his majesty's commission and belonging to the royal navy volunteer reserves wearing his majesty's uniform was in charge of the ship, the admiralty bore all expenses of running the ship, entering articles with the crew, paying wages, buying ships stores, bearing all marine as well as war risks. ..... a charter party for government service under which the owners engaged and paid the crew and found stores other than coal and worked the ship, ran the marine risks the admiralty bearing risks of war and finding the coal. ..... 1st of august, 1958, by bhandari, c. ..... air 1958 sc .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1966MP282
..... under section 502 of the merchant shipping act, 1894, the owner of a british sea-going ship is not liable to make good to any extent whatever 'any loss or damage happening without his actual fault or privity' where any goods are lost or damaged by reason of fire on board the ship. ..... on the other hand, it was contended by the learned counsel for the non-applicant that these words have to be read ejusdem generis with the words 'sell' and 'lease' immediately preceding those words in section 293(1)(a) of the companies act, it was argued that when the words are so read, they did not prohibit the doing of such transaction as mere negotiations or entering into some agreements pertaining to the property of the undertaking or merely giving ..... english joint stock bank, (1867) 2 ex 259, it was held that the defendant-company was liable for fraudulent representation contained in a writing signed by its manager and it was further held that the requirement of section 6 of lord tenterden's act that no action shall be brought unless such representation be made 'in writing signed by the party' was satisfied and that the fraud was properly charged in the declaration as the fraud of the defendants. ..... it has its registered head office at gondia, district bhandara, in the state of maharashtra. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1984]55STC140(MP)
..... the sales tax tribunal (board of revenue, madhya pradesh) (hereinafter referred to as 'the tribunal') under section 44 of the madhya pradesh general sales tax act, 1958, referred the following question to this court, for answer :whether under the facts and circumstances of the case, ice-cream, ice-candy is cooked food and is covered by item 8 of part i of schedule ii appended to ..... do not fall within the entry 56 and they are, accordingly, liable to be taxed not at the lesser rate of 1 per cent applicable to 'bullion and specie' but at the general rate of 3 per cent under section 5a read with section 5(1)(ii) of the act.the expression 'sanitary fittings' according to the popular sense of the term means such pipes or materials as are used in lavatories, urinals or bath-rooms of private houses or public buildings. ..... not ordinarily passing under the name of 'spirits'.thus on a conspectus of the authorities referred to above it is obtainable that the meaning of the expressions 'popular sense' and 'common parlance' is the sense in which the merchant dealing with the article and the consumers wanting to purchase it ordinarily understand.17. ..... officer, ganjam air 1974 sc 390, the question before the supreme court was whether chillies and lemons are vegetables as contemplated by the orissa sales tax act ..... sales tax officer air 1961 ..... assistant sales tax officer, akola air 1961 sc 1325 the question before the supreme court was as to the meaning of the word 'vegetables' as it appeared in .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1962MP146
..... conditions, if any, as may be specified in that, direction, be exercised by any officer or authority subordinate to it'''public purpose' has been defined in section 2(d) of the requisition act as follows:'public purpose' includes any governmental purpose such as providing accommodation for the residence of a person holding office of profit under the state government or for locating any public office of the state government or any local authority or for storing government food-grains and allied ..... in question in any other place except by the requisitioning of the occupied godowns and that the advantage to the public by these requisitions would far outweigh any inconvenience, damage or loss to the merchants whose godowns are being requisitioned.in my opinion, the simple ipse dixit of the respondent state that the 'collection and the storage of foodgrains in undertaken by the state government under its scheme of ..... but accepting as correct the decisions which have been made, it must be conceded that the term 'public use', as employed in the law of eminent domain, has a meaning much controlled by the necessity, and somewhat different from that which ..... which is otherwise for the fulfilment of a public purpose cannot be hit by article 31 of the constitution merely on the ground that it leads to hard-ship in individual cases.153. ..... 55 of 1958, d/-27-11-1959 (mp) and in view of my opinion expressed therein i hold that the act would not fail but that any user of the act which brings about such .....
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