Judgment Search Results Home > Cases Phrase: merchant shipping act 1958 section 12 seamen s employment offices Page 10 of about 146 results (0.110 seconds)

New Era Shipping Ltd. and Hatimi Steels Vs. M.V.P. Express and ors.

Court : Mumbai

Reported in : 2008(1)ALLMR556; 2007(6)BomCR138; (2007)109BOMLR1875

..... so far as first aspect is concerned, the ship has been defined under the admiralty court act, 1861 as 'ship' shall include any description of vessel used in navigation not propelled by oars' and the expression vessel has been defined under section 3(55) of the merchant shipping act, 1958 as 'vessel' includes any ship, boat, sailing vessel, or other description of vessel or other description of vessel used in navigation.9 ..... ms.sethna has also relied upon definitions of the term 'ship'/'vessel' in several statutes including admiralty courts act, 1861, merchant shipping act, 1958, major port trusts act, 1963, indian ports act, 1908, as also the dictionary meaning cited in the judgment of this court pronounced in the case of m.v.saaba (supra).24 ..... admiralty court act, 1861 and merchant shipping act, 1958 and secondly on whom the burden of proving the existence of res at the time of arrest warrant lies?8 ..... she submits that the term 'ship' is defined in the merchant shipping act to mean as not including a sailing vessel ..... merchant ships of different nationalities travel from port to port carrying goods or ..... upon beaching, m.v.p.express ceased to be a 'ship' and was boarded by demolition labourers employed by the applicant for purpose of 'breaking' for scrap purposes ..... express, permission was granted by the office of the port officer, ship recycling yard, alang in relation to the beaching of the m.v.p.express ..... he and the chief officer called on the first defendant vessel on vhf channel no .....

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. .....

A.C. Roy Co. and Others Vs. Union of India and Others

Court : Kolkata

Reported in : AIR1995Cal246

..... 15 of the merchant shipping act, 1958 stands abolished, the consequence ..... mitra contended that section 8 of the said act empowers the central government to issue a notice upon the ship owner only, to whom the committee had granted any financial assistance, to discharge forthwith in full his entire dues and also discharge other liabilities to the central government on ..... the said letter dated 23rd february, 1993 reads thus:'with reference to para 2 of this office letter no.5(3)/88(sdfc) dated 5-10-1988, the undersigned has been directed to inform that, for the removal of doubts, in addition to the specific mention in the stage payment/ shortfall guarantees issued by various banks (either at the behest of the shipping/ fishing companies or at the behest of shipyards) that the said guarantees could be invoked by scici, ..... to have acted illegally as it was acting as a designated person in terms of section 16 of the said act which applied only to the part-iii of the said act, submission ..... (2) where any notification has been issued under sub-section (l), the provisions of this act shall apply in relation to the designated person as they apply in relation to the central government in respect of any matter in relation to which the powers and functions of the central government have ..... the petitioners invoked the arbitration agreement contained in the aforementioned tripartite agreement dated 26-3-1987 and filed an application under section 20 of the arbitration act on or about 7th december,1993. .....

Paharpur Cooling Towers Ltd. Vs. the Owners and Parties Interested in ...

Court : Kolkata

Reported in : AIR2001Cal213,(2001)2CALLT445(HC)

..... law has developed in india also as has been noted in 'elisabeth' while construing section 443 and section 444 of the merchant shipping act, 1958 [hereinafter called msa], while construing the word 'damage' in section 443 of msa, the apex court in 'elisabeth' held as follows: 'the sections are wide in terms and the expression 'damage' js not necessarily confined to physical ..... , exchanges, policies of assurances, accounts, charter parties agreements, loading of ships, and all matters and contracts, which in any manner whatsoever relate to freight or money due for ships hired and let out, transport-money, maritime usury or bottomry or to extortions, trespasses, injuries, complaints, demands, and matters, civil and maritime, whatsoever, between merchants, owners, and proprietors of ships and vessels, employed or used within the jurisdiction aforesaid, or between others contracted, done, ..... of the following claims against the owner, demise charterer, manager or operator of the vessel shall be secured by a maritime hen on the vessel: (a) claims for wages and other sums due to the master, officers and other members of the vessel's complement in respect of their employment on the vessel, including costs of repatriation and social insurance contributions payable on their behalf; (b) claims in respect of loss of life or personal injury occurring, whether on land or on water. ..... the plaintiff in terms of the order dated 25.5.2001 read with the subsequent affidavit by its officer will continue. .....

Indian Quarter Master's Union and Ors. Vs. P.R. Dutt and Anr.

Court : Kolkata

Reported in : AIR1951Cal570

..... it is alleged in the petition that under provisions of the indian merchant shipping act, the shipping master of the port of calcutta has certain prescribed duties and functions to perform, in respect, of the employment of seamen in foreign going vessels. ..... it is pointed out that as under the indian merchant shipping act it is the liability of the shipowners to meet the expenses of providing the surgical and medical service and medicine for the sick member of their crew who has to be discharged or left behind at any port on account of illness ..... all the petitioners hold certificates of service issued and registered at the port of calcutta under the provisions of the indian merchant shipping act (act xxi [21] of 1923). ..... one of such duties is to supervise execution of proper agreements between the masters of ships and seamen employed by such masters. ..... 4 of his affidavit after referring to section 8 and section 6 (3), merchant shipping act 1923, mr. ..... this system of recruitment was in vogue till march 1950 when respondent 1 who holds the post of port health officer, calcutta, purporting to designate himself as officer, pre-entry medical examination of seamen, government of india, port of calcutta, started interfering with the engagements of indian seamen by assuming authority and functions of holding medical examination of such seamen and making endorsements of fitness or unfitness on their certificates of service, in consultation and cooperation with respondent 2. .....

State Bank of India Vs. Himalaya Shipping Co. Ltd.

Court : Kolkata

Reported in : AIR1985Cal85

..... the relevant provisions of the merchant shipping act may be noted : --section 3(42) 'seamen' means every person (except a master, pilot or apprentice) employed or engaged as a member of the crew of a ship under this act, but in relation to sections 178 to 183 (inclusive) includes ..... petition of the master, subhas mohan gangahar, it contended, inter alia, that the master of a ship has the same rights, liens and remedies for recovery of his wages as a seaman under the merchant shipping act, 1958.8. ..... claim to have been officers employed in the said vessel. ..... under sub-section (1) may also be made by any officer authorised by the central government in this behalf by general or special order.section 146. ..... master shall also, upon the discharge of every certificate officer, whose certificate of competency has been delivered to and retained by him, return the certificate to the officer.section 125. ..... of this court the receiver paid off the claims of the crew and the officers of the vessel as determined in the proceedings before the magistrate and signed off the crew, the officers and the master of the said vessel.3. ..... more or less simultaneously, the crew and some of the officers of the said vessel initiated proceedings in the court of the 16th metropolitan magistrate bombay to recover their unpaid wages claiming a lien over the vessel for ..... under the general law, wages due to the officers or the master of a vessel give rise to a maritime lien in their favour which is enforceable against .....

Great Pacific Navigation (Holdings) Corporation Ltd. Vs. M. V. Tongli ...

Court : Mumbai

..... . d'vitre rightly drew our attention to section 71 of the merchant shipping act, 1958 though not applicable to this case directly, if only to draw a logical analogy to the ..... observed: "both companies were one-ship shipowning companies and both had the same officers and shareholders ..... the head office of tongli shipping at yantai ..... economic situations become more and more complex in the commercial and business world, the ambit of the employment and application of the doctrine would grow commensurately ..... its office the residential address of the secretary of fehl, its email id is that of fehl with an extra link, a fact which by itself is not eyebrow-raising except that the another email id of halcyon is precisely the same email id of tongli [email protected] which is also the email id of eastshine as shown in the communication detail presumably required to be exhibited on the ship ..... . which is admittedly tongli china having its registered office at sea meadow house, blackburne, highway road, town ..... . it is shown to have address of its registered office at ascia citi trust, lotmao center in samoa as informed in letter of the samoa international ..... eastshine is shown to have its registered office at level 2 lotmao center, ..... day considerations when such situations arise oftener enjoining courts to use their discretion to do complete justice upon equitable consideration - not to look at the juristic person alone but its directors, officers, nominees and even employees. 56 .....

Amerhsip Management (P) Ltd. and 9 ors. Vs. Union of India and ors.

Court : Mumbai

Reported in : 1996(86)ELT15(Bom)

..... sections 3(13), 3(39), 3(45) and 3(55) of the merchant shipping act, 1958 reads as under :- '3. ..... in this act, unless the context otherwise requires, - (13) '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; (39) 'sailing vessel' means any description of vessel provided with sufficient sail area for navigation under ..... it has been further pointed out in the said affidavit in reply that under section 86(2) of the customs act, any stores imported in a vessel or aircraft may, with the permission of the proper officer, be transferred to any vessel or aircraft as stores for consumption therein, but as the drilling rigs are not vessels, those rigs cannot be treated as foreign-going vessels under section 2(21) because a vessel is distinct and different from a drilling rig for the following reasons :- (i) a vessel is self ..... sails alone, whether or not fitted with mechanical means of propulsion, and includes a rowing boat or canoe but does not include a pleasure craft; (45) 'ship' does not include .....

The Board of Trustees for the Port of Calcuta Vs. Swadesh Kumar Khatua ...

Court : Kolkata

Reported in : (2000)3CALLT558(HC)

..... under sectoln 139 of the merchant shipping act 1958 (1958 act for short) read with section 138 of the same act a seaman's right to wages and provisions shall be taken to begin either at the time at which he commences work or at the time specified in the agreement for such commencement of work and a seaman shall not by any agreement forfeit his lien on the ship or be deprived of any remedy for the recovery of his wages nor shall he by any agreement abandon his right to wages in ..... section 16(1) of the merchant shipping act 1958 provides;'a seaman's lien, his remedies for the recovery of his wages shall notbe capable of being renounced by any ..... says that in terms of section 52 of the marchant shipping act, 1958 its claim has prefarence over the claims of all others and that in so far as the cpt is concerned, the lien of cpt as per section 64(1)-(2) of major port trusts act is only for the arrest of the ship under section 64(1) and subsequently for the sale under sub-section (2). ..... calcutta port trust (cpt for short) applied in the satd suit for leave to intervene and to proceed against the said vessel in terms of section 64(2) of the major port trusts act, 1963 (1963 act for short) and to deposit the surplus after adjustment of its calim against the sale proceeds of the ship with the registrar, original side of this court, in october 1985 the said vassel was sold to the highest bidder for rs. ..... thomas it is noted as under :-'seamen's wages-maritime lien the contemporary marltlmes hen .....

M/S. Cna Peejay Exports Pvt. Ltd. Vs. M.V. Nikolay Maksinov and Others

Court : Mumbai

Reported in : AIR1993Bom286; 1994(3)BomCR273; 1993(1)MhLj463

..... the supreme court also referred to the provisions of the merchant shipping act, 1958 and with reference to section 443, observed that the high court has jurisdiction to arrest the ship. ..... 443 of the merchant shipping act, 1958. ..... the learned judge held that the expensive jurisdiction that the high courts enjoyed in relation to admiralty under 1890 act preserved under article 225 provided justification for direction to arrest the ship, for the tortious act done by master or owner of the ship is established and this jurisdiction can be exercised even if there was no specific provision like section 6 of 1861 act. ..... the learned single judge held that the admiralty court can exercise jurisdiction under section 6 provided there is breach of contract on the part of the owner, master or crew of the ship, and the expression 'of the ship' means the ship which carries the consignment of the plaintiffs in india. ..... and which were madeapplicable to india by the colonial courts ofadmiralty act, 1890 read with colonialcourts of admiralty (india) act, 1891 read as follows':'the high court of admiralty shall have jurisdiction over any claim by the owner or consignee or assignee of any bill of lading of any goods carried into any port in england or wales in any ship, for damage done to the goods or any part thereof by the negligence or misconduct of or for any breach of duty or breach .....