Judgment Search Results Home > Cases Phrase: merchant shipping act 1958 section 256 ship taking additional passengers at intermediate place Page 1 of about 37 results (0.175 seconds)

Chowgule and Co. Ltd. Vs. Collector of Customs

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (1995)(80)ELT680TriDel

..... (v) they also furnished the general period licence pi-123/86, dated 30-10-1986 issued by the director general of shipping, bombay in terms of section 406 part xw, of the merchant shipping act, 1958, which applies only to sea going vessels. ..... time being engaged in the carriage of goods or passengers between any port or airport in india and any port or airport outside india, whether touching any intermediate port or airport in india or not, and includes : (i) any naval vessel of a foreign government taking part in any naval exercise; (ii) any vessel engaged in fishing or any other operations outside the territorial waters of india; (iii) any vessel or aircraft proceeding to a place outside india for any purposes whatsoever".in view ..... notification read as follows: "ocean going vessels other than vessels imported to be broken up, are exempt from the whole of the duty of customs leviable thereon which is specified in the first schedule to the customs tariff act, 1975 (51 of 1975) and from the whole of additional duty leviable thereon under section 3 of the said customs tariff act. ..... notification grants exemption to an ocean-going vessels other than vessels imported to be broken-up, from the whole of customs duty leviable thereon and from the whole of additional duty leviable thereon under section 3 of the customs act. ..... 177/83, dated 15-6-1983 exempts levy of additional duty of customs on dredgers, whereas by notification ..... 49/79, dated 1-3-1979, additional duty is exempt on ocean going .....

Shipping Corporation of India Ltd. Vs. the Master of M.V. giurgeni

Court : Gujarat

Reported in : (1997)2GLR1745

..... my opinion, both being concise and yet precise i must say that, provided, i come to the conclusion that the merchant shipping act, 1958 is not a self-contained code, taking care of very many eventualities occurring in wide and complex shipping business and that the provisions contained in sections 443 and 444 thereof are not the reporsitory of powers of arrest of ships and that, the admiralty court is either permitted or obliged to look at the international developments in the branch of maritime law ..... elisabeth (supra) recognises the multiplicity of sources of admiralty jurisdiction & powers, and says that 'any attempt to confine admiralty or maritime law within the bounds of statutes is not only unrealistic but incorrect' that sections 443 and 444 of the merchant shipping act, 1958 are not in derogation of but supplemental to the admiralty jurisdiction and the leontas judgment is not in consonance with the correct reading of m.v. ..... in support of this contention the reliance has been placed upon the bare boat charter party, presented before me annexed to the affidavit filed by one jehangir darabshaw shroff, the constituted attorney of high seas services s.r.l. ..... while saying so the reliance has been placed upon the supreme court decision in naresh shridhar mirajkar v. ..... kalo allegedly had taken place on 2nd february 1996 at about 2037 hrs. ..... the reliance is also placed on he say in halsbury's laws of england, 4th edition, vol. .....

The Commissioner of Income Tax New Delhi Vs. Jaggon International Ltd

Court : Delhi

..... for the purposes of this chapter, a ship is a qualifying ship if (a) it is a sea going ship or vessel of fifteen net tonnage or more; (b) it is a ship registered under the merchant shipping act, 1958 (44 of 1958), or a ship registered outside india in respect of which a licence has been issued by the director-general of shipping under section 406 or section 407 of the merchant shipping act, 1958 (44 of 1958); and (c)a valid certificate in respect of such ship indicating its net tonnage is in force, but does not include (i) a sea going ship or vessel if the main purpose for which it is used is the provision of goods or services of a kind normally ..... deduction u/s 33ac is allowable in respect of a barge with the drilling rig over it which can be moved from place to place and therefore, cit was not justified in exercising power u/s 263 on the ground that the barge is not a ship and assessees claim for deduction u/s 33ac has been wrongly allowed; question whether the conditions laid down in ss80ia(3) and 80-ia(4) are fulfilled by the assessee are essentially question of fact and the ao having allowed ..... the tribunal has not erred in taking the view that it took, namely, that the cit had overlooked the agreements dt.28th feb.1995 and 30th september, 1999 which were on the record of the ao. .....

Liberty Commodities Ltd. Vs. Lmj International Ltd. and anr.

Court : Kolkata

Reported in : 2005(1)CHN369

..... have the same powers over any british ship, or any share therein, as are conferred upon the high court of chancery in england by the 62nd, 63rd, 64th and 65th sections of 'the merchant shipping act, 1854.'13. ..... appearing for the plaintiff submitted that damages would arise to the plaintiff not exactly as the difference between the sale price and the contract price but because of the inability of the plaintiff to take advantage of considerably lower prices of the food corporation of india at which the plaintiff would have been able to obtain the agreed quantity of rice to be exported provided the food corporation were ..... the raising, removal, recovery, destruction of the rendering harmless of a ship which is sunk, wrecked, standard or abandoned, including anything that is or has been on board such ship, and cost of expenses relating to the presentation of an abandoned ship and maintenance of its crew;(f) any agreement relating to the use of hire of the ship, whether contained in a charter party or otherwise;(g) any agreement relating to the carriage of goods or passengers on board the ship, whether contained in a charter party or otherwise;(h) loss of/or damage ..... second matter was an application made under section 9 of the arbitration and conciliation act, 1996 in regard to a foreign arbitration which parties had agreed would commence and conclude in london under the rules of the grain and feed trade association there, located at 6, chapel place, the rules of it being commonly known .....

Marine Management Services (Private) Ltd. Vs. Anil Kumar Jaiswal and o ...

Court : Mumbai

Reported in : (2001)IIILLJ94Bom

..... this petition is filed to challenge the order passed by the additional chief metropolitan magistrate on the complaint of respondent 1 under section 145 read with section 143 of the merchant shipping act, 1958 by which the petitioner-company was directed to pay certain sum towards the wages of respondent 1 along with interest and costs of ..... second and most important question raised by the counsel for the petitioner was that the petitioner was not a ship registered in india or registered under the merchant shipping act and secondly, that ship never touched indian port and, therefore, according to him, provisions of merchant shipping act cannot be applicable so as to enable respondent 1 to file application under section 145. ..... this submission cannot be accepted because the right given to a seaman or apprentice under section 144 of the merchant shipping act to recover his wages is a civil right and the forum through which he could make this recovery is the ..... contention of the counsel for the petitioner that proceedings under section 145 of merchant shipping act were summary trial, cannot be accepted. ..... it appears from the wording of section 145 of the merchant shipping act that the legislature wanted and intended to provide speedy remedy for seaman or apprentice for recovering his wages by a separate forum quickly and speedily and that legislature did not want seaman or apprentice ..... the seamen such provisions have been made in the merchant shipping act, from section 114 onwards. .....

Indian National Shipowners' Association Vs. National Union of Seafarer ...

Court : Delhi

..... terms of prayer clauses (aa) and (ab), thereby praying for striking down the impugned order dated 24th february, 2011 issued by the respondent no.3 and to direct the respondent no.3 to exercise its powers under section 150 of the merchant shipping act, 1958 and to make an order of reference of industrial dispute arising from the strike notice dated 14th january, 2011 issued by the respondent no.2 and threat to strike notice dated 2nd february, 2011 issued by ..... in the first place, the five issues formulated in paragraph 17 of communication dated 2nd february, 2011 are not covered within the sweep of section 150 as it cannot be said to be dispute between union of seamen and the owners of the ships relating to any matter connected with or incidental ..... : the learned counsel appearing for the appellant states that as a result of developments taking place during the pendency of the appeal, the appellant- union is no more representative union and therefore without prejudice tot he rights of the appellant to challenge the order in relation to recognition, the appellant ..... in the said communication is essentially advise sought from respondent no.3 as to what steps the petitioner should take to negotiate and resolve the industrial disputes with its employees and/or unions, if the two issues could ..... are willing to find an amicable solution to their dispute but forcing insa to take steps rather than they take steps and sorting out the issue which is clearly due to their internal differences .....

Dimitrios Paizis and ors. Vs. Motor Vessel nicos and ors.

Court : Mumbai

Reported in : AIR1983Bom178; (1983)85BOMLR250

..... with the result that this court would have no jurisdiction to try a claim based on such a mortgage; (b) the court jurisdiction is circumstance by the merchant shipping act, 1958 which does not enable the court to try a suit such as the present; and (c) consent by the 2nd defendants to the jurisdiction of the court of any country ..... subject to, or dependent upon the said government, and we document hereby commit and grant to the said supreme court of judicature at bombay full power and authority to take cognizance of, hear, examine, try and determine all causes, civil and maritime and all please of contracts, debts, exchange, policies of assurance accounts, charter-parties, agreement, loading ..... became the owner of the vessel for the consideration of $ 2,75,000 plus certain addition amounts and that on his paying plaintiff 1, 2, and 3 $ 50,000 and making certain further payments thereafter amounting to $ 3,31,302, in all aggregating $ 3,63,000, he received ..... jurisdiction .x x x xx x x xx x x x'------------------------------------------------------------------------------------------------------------------------------------------------as also observed in willaims & bruce admiralty practice, 1902, at page 45-'this jurisdiction is in addition to the jurisdiction already existing under the act of 1840'.closer home, it was observed in kamalakar v. ..... section (2) provided that the jurisdiction of a colonial court of admiralty would, subject to the provisions of the act, be over 'like places .....

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

Court : Kolkata

Reported in : (1993)2CALLT49(HC)

..... he argued that the impugned notification has been made under section 11 of the merchant shipping act, 1958. ..... two maxims yield the result that if a member of a judicial body is subject to a bias in favour of or against any party to a dispute or is in such a position that a bias must be assumed to exist, he ought not to take part in the decision on sit on the tribunal; and that any direct pecuniary interest, however small, in the subject-matter of inquiry will disqualify a judge. ..... section 11(2) envisages that shipping masters, deputy shipping masters and assistant shipping masters shall exercise their powers and discharge their duties subject to the general control of the central government or of any intermediate authority which the central government may specify in this ..... the petitioner has placed on record that the director of shipping services had earlier tried to frustrate the issue of permanency of the crew members and/or he was involved in the case of victimisation of 47 crew members during the period of strike and both the matters were challenged by ..... other point is as to the irregularity and illegality of the impugned notification so far as place of the office of the shipping master. ..... he has placed all the relevant records to show that the present director of shipping services is functioning the duties of a harbour ..... is placed on record that the director of shipping services is an employee and no particular individual and/or government officer is owner of any ship or ships. .....

Lieutenant Governor and ors. Vs. Joy Dev Majhi and ors.

Court : Kolkata

Reported in : 2007(3)CHN203

..... in 2004 they were asked to exercise their option whether they would be governed by the provisions of the merchant shipping act, 1958 or they would continue to remain to be guided by fr & sr. ..... these five writ petitioners (respondents herein), however, insisted that, once the authorities allowed them to opt for being guided by the provisions of merchant shipping act and the authorities accepted such option, subsequent insistence of production of those two certificates could not be foisted upon them. ..... under the provisions of the merchant shipping act the option once exercised cannot be taken back ..... even then they were allowed to opt for the service conditions under the merchant shipping act. ..... although 72 seamen were allow to exercise their option to be governed by the provisions of merchant shipping act. ..... moreover such requirement was in terms of section 456 of the merchant shipping act and could not be waived under any circumstance ..... the authorities by their memorandum dated february 11, 2004 asked them to produce passenger ship familiarization course certificate as well as watch keeping certificate. ..... they, however, could not satisfy his lordship as to how they could take a contrary stand before this court in the earlier writ proceeding.7. ..... nag, learned counsel appearing for the appellants while opposing the appeal contended that once the authorities took a stand before the court of law supported by their own documents they should not be allowed to take an inconsistent stand before this court. .....

Ocean Marine Mutual Insurance Association Ltd. Vs. M.V. wonfu and Othe ...

Court : Mumbai

Reported in : AIR1998Bom18; 1998(4)ALLMR289; 1998(4)BomCR841

..... counsel for the respondents also brought to my notice the meaning of the word 'ship' under the admiralty court act, 1861 as under:'ship' shall include any description of vessel used in navigation not propelled by oars.similarly, the learned counsel for the respondents also brought to my notice the meaning of the expression 'vessel' under section 3(55) of the merchant shipping act, 1958, which is as under;'vessel' includes any ship, boat, sailing vessel, or other description of vessel used in navigation.6. ..... on a full consideration of the provisions ofthe merchant shipping act, 1958 regarding the meaning of the expression 'vessel' aswell as the meaning of the expression 'ship' as per the admiralty court act, 1861, andin the light of the judgment of the queen's bench division (admiralty court) ..... the said judgment there is a reference tosection 742 of the merchant shipping act, 1984 which provides that the expression'vessel' includes any ship or boat, or any other description of the vessel used ..... pratap contended that the arrest warrant could not have been executed as there was no 'ship' or 'vessel' in existence, and merely because the present respondents had appeared before this court and sought relief of vacating the said order of arrest, it would not confer any jurisdiction to this court to ..... ski is capable ofmovement on water at very high speed under its own power, but its purpose is not togo from one place to another. ..... aplanned or ordered movement from one place to another. .....