Judgment Search Results Home > Cases Phrase: merchant shipping act 1958 section 282 powers to make rules relating to pilgrim ships

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. ..... (iii) after import, the vessel was registered under section 34 of the merchant shipping act, 1958 (part v) & a certificate of indian registry no. ..... (f) cargo ship safety radio telegraphy certificate dated 29-9-1986 issued under section 301 (a) of the merchant shipping act, 1958. ..... (e) cargo ship safety equipment certificate dated 29-9-1986 issued under section 300(1)(a) of the merchant shipping act, 1958. ..... (c) cargo ship safety construction certificate issued under the provisions of international convention for the safety of life at sea, 1974 under section 299(a) of merchant shipping act, 1958. ..... came up for examination before the tribunal in a matter relating to the same respondent who were appellants in that case. ..... proceeding to a place outside india for any purposes whatsoever".in view of the above definition, the importers had contended that the vessel maratha deep was an ocean going vessel plying on an international voyage on its own power and carrying bulk cargo from australia. ..... the reason they had given was that the present vessel was acquired for making ocean voyage as a 'foreign going' vessel. ..... as per the tariff ruling issued by the government, the dredgers are to be classified under item 73b at a machinery and not as an item falling within 76.1 .....

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 ..... shall be liable to arrest in respect of such maritime claims.the article upon a plain reading says that, in case of a charter by demise of a ship (1) the charterer and not the registered owner would be liable in respect of a maritime claim relating to the ship, and that (ii) the claimant may arrest such ship or any other ship in the ownership of the charterer by demise, and that (iii) no other ship in the ownership of the registered owner shall be liable to arrest in respect of such maritime claims.21. ..... the merchant shipping acts and the carriage of goods by sea act contain the substantive rules, but the jurisdictional and other aspects numerous other statutes and sources. ..... english maritime law is still composed of rules having their roots in statute, rules of court and judicial doctrine of admiralty, common law and equity.m.v. .....

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 ..... 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 ..... insofar as the second issue relating to section 80-ia(3) of the act if concerned, which is to the effect whether the deep sea matdrill was used in the indian territorial waters before its acquisition by the assessee, we find ..... the last issue addressed by learned counsel for the revenue relates, to section 80-ia(4) of the act a bare reading of section 80-ia(4) of the act shows that what is required to be determined is essentially factual and there is no legal issue which is .....

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

Court : Kolkata

Reported in : 2005(1)CHN369

..... port in england or wales, or any share thereof, and may settle all accounts outstanding and unsettled between the parties in relation thereof, and may direct the ship or any share thereof to be sold, and may make such order in the premises as to, it shall seem fit.9. all the provisions of 'the merchant shipping act, 1854', in regard to salvage of life from any ship or boat within the limits of the united kingdom shall be extended to the salvage of life from any ..... . the high court of admiralty shall 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 ..... legal proceedings against the other of them in respect of any such dispute until such dispute shall first have been hoard and determined by the arbitrator(s) or a board of appeal, as the case may be, in accordance with the arbitration rules and it is expressly agreed and declared that the obtaining of an award from the arbitrator(s) or a board of appeal, as the case may be, shall be a condition precedent to the right of either party hereto or of any person claiming under ..... . as it would be contrary to indian law to rule that section 9 of the indian arbitration and conciliation act is not invocable either, whereby that section 9 application becomes maintainable in the present case.39. mr .....

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

Court : Mumbai

Reported in : (2001)IIILLJ94Bom

..... 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 ..... 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. ..... 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 ..... 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 metropolitan magistrate. ..... power is conferred upon metropolitan magistrates to try not only cases under criminal procedure code, but also under those special acts and, therefore, all the provisions of the criminal procedure code are not ..... rule .....

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

Court : Delhi

..... further reliefs in 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 the respondent no.1. ..... therefore, it is prayed that to avoid the strike, agitation, industrial unrest, it is incumbent upon the central government to constitute a tribunal of one or more persons adjudicating the disputes as contemplated u/s.150 of merchant shipping act, 1958 at the earliest and on urgent basis preferably within 72 hours due to the exigencies of the situation and the perceived threat of a strike/obstructions/disruption by which the industrial peace will be affected on the vessels ..... constitute tribunal for adjudication of disputes as contemplated u/s.150 of the merchant shipping act, 1958 and w.p.no. ..... further relief claimed in the writ petition is to issue direction to respondent no.3 (union of india) to forthwith constitute a tribunal under section 150 of the merchant shipping act, 1958 and refer the dispute relating to the strike/agitation threatened by respondent nos.1 and 2 as well as the charters of demand submitted by the respondent nos.1 and 2 dated 19th may, 2010 and 28th april, ..... rule .....

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

Court : Mumbai

Reported in : AIR1983Bom178; (1983)85BOMLR250

..... meghani where power to detain a foreign ship is given, it is so provided in the act itself and that the merchant shipping act of 1958, being confined only to adjudication pertaining to mortgages of india vessels whose mortgages are restored in india, cannot be made applicable to a case as the instant one, where the mortgage is in respect of a foreign vessel and ..... court act 1861 must be read as conferring jurisdiction court the bombay high court as an admiralty court to entertain and try claims and suits in respect of any ship mortgage, registered or unregistered, and as conferring jurisdiction to try claims and suits relating to mortgage of ships if the mortgage is registered without requiring or restricting the jurisdiction to the mortgages registered under the english merchant shipping act 1854.24 ..... 2 (1), makes it clear that the merchant shipping act, of 1958 deal only with mortgages of ships registered in india and does not in any way deal with mortgages of ships which are ..... meghani urged that though under section 443 the court is empowered to detain a foreign ship which has occasioned damage the act contains on provision for the arrest of a vessel for enforcement of a foreign mortgage, ..... its own significant that the rules framed by this court in admiralty jurisdiction are under the colonial court of admiralty act, 1890, by which the jurisdiction of this court in admiralty was stabilised as it existed at the time stabilised as it existed at the time of the passing of that act.23. .....

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

Court : Kolkata

Reported in : (1993)2CALLT49(HC)

..... and discharge of seamen in the manner provided in this act;(b) to provide means for securing the presence on board at the proper times of the seamen who are so engaged ;(c) to facilitate the making of apprenticeship to the sea service ;(d) to hear and decide disputes under section 132 between a master, owner or agent of a ship and any of the crew of the ship;(e) to perform such other duties relating to seamen, apprentices and merchant ships as are for the time being committed to them ..... section 11 of the merchant shipping act is very clear that the central government may, by notification in the official gazette, establish a shipping office at every port in india in which it thinks it necessary so to do, and shall appoint thereto a shipping master and as many deputy shipping masters and assistant shipping masters ..... 'such other office' as expressed in section 11(3) of the merchant shipping act does not provide that such an office has to be established either at the office of the port officer or at the custom house or at any part of those two offices by following ..... in exercise of the powers under section 11 of the merchant shipping act. ..... impugned notification has been made under section 11 of the merchant shipping act, 1958. ..... of this court to paragraph 14 of the said decision as to the expression that 'any other rules or regulation' should be read ejusdem generis, with the expressions 'fundamental and supplementary rules, civil services, control, classification and appeal rules' etc.5. .....

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. ..... so long they do not obtain such certificate, the authorities would engage them in cargo ship as far as practicable and in any event they must be paid retention allowance from the date they were disengaged after the judgment and order dated march 11, 2005 passed in the earlier writ proceeding ..... in terms of the provisions of the said act of 1958 they were to possess those two certificates. ..... the authorities must make necessary arrangement for their travel to mainland to undergo such course ..... those unsuccessful candidates, however, did not make any complaint therefor. .....

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

Court : Mumbai

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

..... the learned 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) insteedman v. ..... in 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 innavigation. ..... 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 compel the ..... a jet 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. .....