Judgment Search Results Home > Cases Phrase: merchant shipping act 1958 section 12 seamen s employment offices Court: supreme court of india Page 1 of about 30 results (0.195 seconds)

Sabeeha Faikage and ors. Vs. Union of India and ors.

Court : Supreme Court of India

Reported in : (2013)1SCC262

..... in our view, it will be enough for us to recommend to the respondent no.1 to expedite the proposals which have been under consideration of the government and to take immediate steps to amend the merchant shipping act, 1958 and the rules 2005 in a manner they deem proper to ensure that the life of seafarers employed in different ships in high seas are made more secure and safe and in case of loss of life, their kith and kin are paid adequate amount of compensation.19. ..... they submitted that under rule 3 (1)(j) of the rules 2005, the recruitment and placement service providers also have the legal obligation to inform the seamens employment office concerned and next of kin of the seafarer of each death or disability of the seafarer within forty-eight hours of such death or disability as well as the details of the insurance coverage of the seafarers but in spite of such legal ..... he submitted that under section 338 of the shipping act, 2004 of saint vincent and the grenadines, the flag state of jupiter-6, the limits of liability of the ship owner have been fixed for claims arising on any distinct occasion and the compensation deposited in this court at the rate of 40,000 us dollars in case of death of officers and 25,000 us dollars in case of death of non- officers is in accordance with the provisions of section 338 of the shipping act, 2004 of saint vincent and the grenadines. .....

Forward Seamen Union of India Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

..... the division bench held that the directions given by the learned single judge were contrary to the provisions of the merchant shipping act, 1958 (as amended by amendment act of 2002) ('act' for short). ..... as and when the contractor engaged by the administration for providing catering services to the vessels in question would requite bazarmen, they would notify the seamen employment office accordingly and the seamens' employment office would provide placement service of bazarmen from amongst such list by enrolling such bazarmen from the list of the extent of not less than 140 per cent of the vacancy.5. ..... he also directed as follows:the director general of shipping services who is maintaining the list of bazarmen in terms of the recommendation of the adhoc committee engaged by the division bench of this court as mentioned above shall forthwith make over the said list to the local seamens' employment office. ..... the seamen's employment office would no more be responsible for their recruitment and placement. ..... any other person seeking to serve as a bazarmen should be entitled to get himself enrolled in such list, provided he is found fit and eligible by the seamens' employment office. ..... in these circumstances, the central government, while making the rules, if not already made, shall specifically consider the question as to whether the bazarmen employed through the contractors, though such bazarmen are not seamen or crew, are seafarers within the meaning of section 95 of the act.6. .....

O. Konavalov Vs. Commander, Coast Guard Region and ors.

Court : Supreme Court of India

Reported in : 2006(2)CTC672; 2006(197)ELT3(SC); JT2006(3)SC567; 2006(3)SCALE398; (2006)4SCC620

..... the arrest of the vessel while in indian waters by an order of the high court concerned, as defined under the merchant shipping act, 1958 (section 3(15)) attracts the jurisdiction of the competent court to proceed with the trial, as in the case of any other suit, as an action against the owner, and any decree obtained by the plaintiff is executable against any ..... the application was filed under order xiv rule 8 of the original side rules read with section 125 of the merchant shipping act, 1958 praying to direct the receiver to pay wages to crew members out of the proceeds of the sale ..... customs issued a show cause notice to the chief officer of the ship calling upon him to explain why the cargo cannot be confiscated and penalty should not be imposed on the persons under section 112(a) of the customs act, 1962. ..... thus seamen were granted a lien even where they were employed by the master ..... by the commissioner is set out below:-when the master is in command of the vessel, the chief officer or the other members of the crew have no say in the decisions of the master and as such, i do not find any justification for imposing penalties either on the chief officer or on the other members of the crew.23. ..... of the case are as follows:the vessel named - kobe queen i also known as gloira kopp was registered in panama with its crew members belonging to ukraine was spotted by the officers of the customs department in the indian territorial waters. ..... who was the chief officer, filed an application .....

World Tanker Carrier Corporation Vs. Snp Shipping Services Pvt. Ltd. a ...

Court : Supreme Court of India

Reported in : AIR1998SC2330; 1998(3)ALLMR(SC)640; JT1998(3)SC468; 1998(3)SCALE165; (1998)5SCC310; [1998]2SCR1032

..... part v of the merchant shipping act, 1958 (sections 20 to 74) deals with registration of indian ships. ..... section 2 of the merchant shipping act, 1958 deals with the application of the act ..... it is this principle which is reflected in section 2(2) of the merchant shipping act, 1958.24. ..... part xa was introduced in the merchant shipping act, 1958 by amending act 25 of 1970, in order to give effect to the brussels international convention of 1957 relating to the limitation of liability of the owners of sea-going ships, to which india is a signatory ..... provisions regarding a limitation action have been reduced to a statutory form in part xa of the merchant shipping act, 1958. ..... and operator of the vessel and to the master, member of the crew and other servants of the owner, charterer, manager or operator acting in the course of their employment in the same manner as they apply in relation to the owner.provided that the total limits of liability of the owner and all other persons referred to in this sub-section in respect of personal claims arising on a distinct occasion shall not exceed the amounts determined in accordance with the provisions ..... in january/february, 1996, three other admiralty suits were filed by the second officer, the third officer and the chief engineer of ya mawlaya in respect of their claim for wages and loss of future wages ..... on the other hand, it is claimed by snp that under the said management agreement they were put in charge of recruiting crew and officers of the said vessel. .....

Commissioner of Income Tax, Kochi Vs. Trans Asian Shipping Services (P ...

Court : Supreme Court of India

..... twenty-four metres, a certificate issued under the merchant shipping (tonnage measurement of ship) rules, 1987 made under the merchant shipping act, 1958 (44 of 1958); (b) having a length of twenty-four metres or more, an international tonnage certificate issued under the provisions of the convention on tonnage measurement of ships, 1969, as specified in the merchant shipping (tonnage measurement of ship) rules, 1987 made under the merchant shipping act, 1958 (44 of 1958); (ii) in case of ships registered outside india, a licence issued by the director-general of shipping under section 406 or section 407 of the merchant shipping act, 1958 (44 of 1958) specifying the net tonnage on the basis ..... for the purposes of this section, "place of effective management of the company" means (a) the place where the board of directors of the company or its executive directors, as the case may be, make their decisions; or (b) in a case where the board of directors routinely approve the commercial and strategic decisions made by the executive directors or officers of the company, the place where such executive directors or officers of the company perform their functions. ..... this argument was also rejected by the assessing officer on the ground that there was a requirement of producing valid certificate even for part of the ship and in the absence thereof income from slot charter arrangement could not be included for the purpose of computation of tonnage income under the tts. .....

D. Stephens Vs. Nosibolla

Court : Supreme Court of India

Reported in : AIR1951SC196; 1951CriLJ510; [1951]2SCR284

..... complainant nosibolla alleged that the accused as joint secretary of the board collected an illegal charge of rupee one from him for issue of a muster card and thus contravened section 26 of the indian merchant shipping act and that he was, therefore, guilty of an offence within the meaning of sub-clause (2) of that section. ..... 1 which is collected from the seamen by the shipowners after employment by way of deduction from wages is paid not as remuneration to the accused or any one else, but is really a contribution towards the expenses of the joint supply office working under the calcutta maritime board ..... a number of seamen offer themselves for employment and they are all gathered together at a place, so that the shipowner or captain of the ship may select whomsoever he ..... fight out corruption, the calcutta maritime board was conceived to find out a procedure for the owners of the ships for employing seamen by rotation. ..... labour corps is brought into contact with the owners by the maritime board through the joint supply office but the seamen are engaged by the shipowners or the captains. ..... is evident on the facts that the accused does not engage or supply any seamen and does not demand or receive directly or indirectly any remuneration for providing any person with employment as a seaman. ..... sixth witness for the defence, has stated that the calcutta maritime board and the joint supply office are financed by the liners and that the accused has nothing to do with the engagement of seamen. .....

Chowgule and Co. Pvt. Ltd. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : AIR1987SC1176; 1987(12)ECC1; 1987(28)ELT39(SC); JT1987(1)SC496; 1987(1)SCALE404; (1987)1SCC730; [1987]2SCR351; 1987(1)LC644(SC)

..... on october 20, 1969, the petitioner company applied to the government of india for the issue of 'general licence' under section 406 of the merchant shipping act, 1958. ..... her own hatches; (c) up-top another vessel by using the cargo from barges which go alongside maratha transhipper.we may also add here that 'the maratha transhipper' possesses all the certificates prescribed by the merchant shipping act and other maritime laws to enable her to ply the oceans.3. ..... the certificate of condition issued by bureau veritas showed that the vessel was to be mainly employed as an ore loading barge in the harbour of goa with the possibility of extending her 'exploitation in certain periods of the year as bulk carrier for small coasting ..... for transit or transhipment, shall make entry thereof by presenting to the proper officer a bill of entry for home consumption or warehousing in the prescribed form:provided that if the importer makes and subscribes to a declaration before the proper officer, to the effect that he is unable for want of full information to furnish all the particulars of the goods required under this sub-section, the proper officer may, pending the production of such information, permit him, previous to ..... the vessel will be mainly employed as an ore loading barge in the harbour of goa (india), with the possibility to extend her exploitation in certain periods of year, as a bulk carrier for small coasting trade.as a result of the aforesaid surveys for conversion and .....

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

..... section 352n of the indian merchant shipping act, 1958 makes such an insurance compulsory which reads as under:'352-n. ..... of admiralty shall have jurisdiction to decide all questions arising between the co-owners, or any of them, touching the ownership, possession, employment, and earnings of any ship registered at any port in england or wales, or any share thereof, and may settle all accounts outstanding and unsettled between the parties in relation thereto, and may direct the said ship or any share thereof to be sold, and may make such order in the premises as to it shall seem fit.12. ..... the term 'necessaries' as defined in black's law dictionary reads as under:'what constitutes 'necessaries' for which an admiralty lien will attach depends upon what is reasonably needed in the ship's business, regard being had to the character of the voyage and the employment in which the vessel is being used.' 81. ..... : (2001)illj1069sc this court upon referring shah sabulal khimji (supra) held:'adverting to the facts of this case, section 17-b of the id act confers valuable rights on the workmen and correspondingly imposes onerous obligations on the employer. ..... clause, provided the security is still outstanding at the date of withdrawal.clause 5 provides that scopic remuneration is to be calculated by reference to an agreed tariff of rates that are profitable to salvers, calculated by reference to the horsepower of the salvage tug/s employed. .....

Anjuman Khuddamul Hujjaj, Etc. Etc. Vs. Union of India and anr. Etc.

Court : Supreme Court of India

Reported in : JT2000(6)SC542; 2000(4)SCALE502; (2000)5SCC641; 2000(2)LC1026(SC)

..... (c) to give relief to indigent pilgrims; (d) to negotiate and co-operate with railways, shipping companies, airways and travel agencies for the purpose of securing travelling facilities for pilgrims; (e) to find suitable guides for employment by shipping companies or pilgrim ships; (f) to bring the grievances of pilgrims and any irregularities or omissions on the part of a master or owner of a pilgrim ship in carrying out the provisions of the indian merchant shipping act, 1923, to the notice of the authorities concerned, and to suggest remedies; (g) to appoint a pilgrim as 'amirul haj' on board ..... from the above, it will be seen that since pilgrims traffic to saudi arabia, iran and iraq was centralised at bombay, from where pilgrim ships used to take pilgrims from or to the port of bombay, to or from any port in the red sea (other than suez), it was rightly and appropriately considered proper by the legislature to associate the officers mentioned in section 4(1)(a) to (f) as members of the 'haj committee' in their ex-officio capacity. ..... for the last seven years, the pilgrims have been going to those countries by air, but the officers mentioned in section 4(1)(a) to (f) continue to be members of the 'haj committee', although with effect from 1993, when pilgrims ceased to be taken to saudi arabia, iran or iraq by ship, they have practically no role to play in the management of 'haj pilgrimage.7. .....

Capt. Karan Vaswani Vs. Union of India and ors.

Court : Supreme Court of India

Reported in : [2000(85)FLR468]; JT2000(3)SC613; 2000(2)SCALE630; (2000)3SCC602; [2000]2SCR745; 2000(2)LC833(SC); (2000)2UPLBEC1287

..... ship' and 'master' are defined in section 3(13) and section 3(22) of the merchant shipping act, 1958 as under;-foreign-going ship' means a ship, not being a home- trade ship, employed in trading between any port or place in india and any other port or place or between ports or places, outside india; 'master' includes any person (except a pilot or harbour master) having command or charge of a ship ..... new mangalore port (authorisation of powers) regulations, 1980 are defined as under:deputy conservator' means the deputy conservator of the port and the officer to whom the direction and management of pilot age are vested; harbour master' means the officer appointed as such by the board to perform such duties as may, from time to time be assigned to him by the deputy conservator; ..... in 1989, for the post of pilot as also for the post of harbour master, it is essential to hold a certificate of competency as master of foreign-going ship issued by the ministry of shipping and transport, government of india or by board of trade, uk or any other commonwealth country whose certificate of competency has commonwealth validity. ..... as chief officer or as a master of foreign-going ship whereas for the post of harbour master, it is essential to possess five years experience as a pilot after attaining proficiency in handling all types of ships with unrestricted tonnage ..... of deputy conservator, when filled by promotion/transfer/depulation, officer is required to hold analogous post or with three years .....