Judgment Search Results Home > Cases Phrase: merchant shipping act 1958 section 314 maintenance of load line marks Court: kerala Page 1 of about 6 results (0.106 seconds)

Al Ahli Bank of Kuwait (Ksc) Vs. M.T. Arabian Victory

Court : Kerala

Reported in : AIR2006Ker263; 2006(2)KLT775

..... master and crew approached the judicial first class magistrate's court at ernakulam for wages under section 145 of the merchant shipping act, 1958. ..... it filed the writ petition invoking admirality jurisdiction of this court under merchant shipping act, 1958 and article 226 of the constitution of india to quash the proceedings of the judicial magistrate of the first class, ernakulam in m.c. ..... reading of both judgments and reasoning would show that major dispute is regarding the contention of the bank that the appellants are not entitled to claim wages through magistrate's court under section 145 of the merchant shipping act and the entire amount after paying the wages upto 7-5-2002 should be released to them towards the mortgage. ..... third parties cannot complain against them and, therefore, the bank, in any event, cannot contend that there was barratry and, hence, the magistrate's court has no jurisdiction to order payment of salary under section 145 of the merchant shipping act. ..... the vessel was allowed to be berthed on distress, they are not entitled to salary thereafter and judicial first class magistrate, ernakulam has no jurisdiction to award wages under section 145 of the merchant shipping act. ..... registered with the international merchant marine registry of belize under the merchant ships act, 1989. ..... 's court held that the magistrate's court has jurisdiction to decide the claim petition under section 145 of the act and claim petition filed by the master and crew are maintainable. .....

Union of India, Secretary to the Ministry of Defence, New Delhi and Ot ...

Court : Kerala

..... the term 'coast' has been defined in this part of the merchant shipping act, 1958, in section 390 to include the coasts of wrecks and tidal rivers. ..... while considering this aspect in ext.p17, the government had not adverted to section 402 of the merchants' shipping act, 1958 which provides for payment of salvage for saving life, cargo or wreck. ..... learned counsel for union of india contends that the writ petitioner was not entitled for any salvage money since the rescue operation was not conducted within the territorial waters of india and section 402 of the merchant shipping act, 1958 is not applicable to the facts of the present case. ..... whether under section 402 of the merchant shipping act, 1958, the petitioner was entitled for payment of any salvage amount? 2 ..... the claim of the petitioner for salvage amount is based on section 402 of the merchant shipping act, 1958. ..... petitioner filed o.p no.30694 of 1999 which was decided on 1.7.2002 by this court quashing the order of government of india dated 3.8.1999 and directing the government to consider the matter afresh taking note of the provisions contained in section 402 of the merchant shipping act, 1958. 8. ..... had it been considered, necessarily, the petitioner could have resorted to the remedies available to him in section 402 of the merchants' shipping act. ..... - (1) xxxxxxx (2) the limit of the territorial waters is the line every point of which is at a distance of twelve nautical miles from the nearest point of the appropriate baseline. 24. .....

Hisa A. Sheng Vs. Administrator

Court : Kerala

Reported in : 2007CriLJ821; 2006(4)KLT945

..... sections 161 to 167 of the merchant shipping act, 1958 cast duties on the government of india to provide facilities to the distressed ..... as per the notification issued under section 391(1) of the merchant shipping act, the administrator of the lakshadweep island is the receiver of wrecked ship within the area surrounding the lakshadweep ..... under section 393 of the merchant shipping act and the ..... on the law of the sea, to which india is a party; so also sections 391, 392 & 393 of the merchant shipping act.7. ..... petitioners were forced to enter the lakshadweep island and hence they are protected under the merchant shipping act, the merchant shipping (distressed seamen) rules, 1960 and the u.n. ..... petitioners have also produced true copy of the certificate of seychelles registry under the merchant shipping act which is annexure-al. ..... respondents have no case that the petitioners have violated any provision of the merchant shipping act, u.n. ..... of the merchant shipping (wreck and salvage) rules mention the duties of the receiver of the ship wrecked. ..... the merchant shipping (distressed seamen), rules 1960 prescribes that the derelict seamen should be saved at any cost and repatriated to their return port at the cost of the owner of ..... as per section 4 of the territorial waters, continental shelf, exclusive economic zone and other maritime zones act, 1976, all foreign ships other than war ships including submarines and other under water vehicles shall enjoy the right of innocent passage through the .....

Commander K.P. Shashidharan Vs. Union of India (Uoi) and ors.

Court : Kerala

Reported in : AIR2002Ker388

..... the government had not adverted to section 402 of the merchants shipping act, 1958 which provides for payment of salvage for saving life, cargo or wreck ..... had it been considered, necessarily, the petitioner could have resorted to the remedies available to him in section 402 of the merchants' shipping act. ..... but the salvage is denied to the petitioner on the ground that it was his bounden duty under section 14 of the coast guard act to render assistance to the ship in distress. ..... is again a noted fact by the government of india that 'the coast guard ship vajra had rescued the crew and stood by to provide assistance'. ..... it is an admitted fact that the petitioner is the commander of a ship and the crew had saved the life and property of m.c. ..... , he will also be entitled to salvage as provided in section 3(40) of the act, the petitioner submits. ..... and direct the government to consider the matter afresh taking note of the provisions contained in section 402 as above, original petition is allowed. ..... over and above, the provisions in section 402 entitles him to get salvage ..... at the sea, necessarily, it cannot be taken that, they shall be denied of the salvage merely because it was their duty cast under section 14 of the coast guard act. ..... was no consideration of entitlement to raise a dispute to be adjudicated under sub-section (4) of section 402. ..... commander of coast guard is also treated as a 'salvor' in terms of sub-section (3) of section 402. ..... that 'the central government has noticed that the ship m.c. .....

Kalistus Vs. State of Kerala

Court : Kerala

Reported in : (1997)ILLJ6Ker

..... respondents 2 to 4 have a further case that the petitioners have efficacious alternative remedy under section 150 of the merchant shipping act, 1958 for redressal of their grievances. ..... no doubt, respondents 2 to 4 would contend that this writ petition is not maintainable inasmuch as the petitioners have efficacious alternative remedy under section 150 of the merchant shipping act. ..... that apart, even assuming that section 150 of the act is treated as an alternative remedy, i am of the view that the existence of such a remedy is not an absolute bar to the maintainability of a writ petition under article 226 of the constitution as the exhaustion of the alternative remedy is a rule of discretion and ..... xv-a of the said act and in particular section 435b wherein it is provided that the central government, may by notification in the official gazette, direct that any provisions of this act shall also apply to indian fishing boat subject to such exceptions and modifications as may be specified in the notification. ..... therefore, section 150 of the act which deals with resolution of dispute between seamen and employers has no application to the petitioners.8. ..... simon- - fleet section deckhand 27. ..... admittedly, no notification has been issued by the central government under this section. .....

Blue Bay Fisheries (P.) Ltd. Vs. Commissioner of Income-tax

Court : Kerala

Reported in : (1987)62CTR(Ker)66; [1987]166ITR1(Ker)

..... in accordance with the agreement, the assessee took steps to obtain the approval of the concerned authority for the sale of the vessel in accordance with sections 42 and 43 of the merchant shipping act, 1956. ..... accepting that contention, the appellate assistant commissioner found that the relevant provisions of the merchant shipping act being mandatory, no sale could have occurred until the requirements of those provisions were satisfied. ..... the provisions of the merchant shipping act ought to have been taken into account, counsel points out, in determining whether or not there was a sale or transfer of the trawler during the period of eight years. ..... it is true, as shri nagendran points out, that the trawler could not be sold otherwise than in accordance with the provisions of the merchant shipping act. ..... officer, the sale took place on october 28, 1972, when annexure d agreement was executed and not, as contended by the assessee, on march 29, 1974, when the sale was actually completed in accordance with the provisions of the merchant shipping act. .....

Ziyad Ali International Education Council Vs. Commissioner of Police, ...

Court : Kerala

..... the continuous discharge certificate or seafarer's identity document issued by the dgs under the merchant shipping (standards of training, certification and watch keeping for seafarers) rules, 1998 prescribed under the provisions of the merchant shipping act, 1958 is a mandatory document required for those passing out of these institutes with whatever courses they have studied for employment in any ocean going vessel or ship. ..... the merchant shipping act, 1958 itself is enacted by the parliament in exercise of powers conferred under entry 25 of the first list which confers exclusive authority on the central government to make law covering education and training in regard to maritime shipping and ..... seafarer's identity document, qualification and training are one and the same, and only in consonance with the international conventions, the above rules are framed under the merchant shipping act. ..... (3) the central government may make rules for the purpose of giving effect to the provisions of this section; and in particular, and, without prejudice to the generality of such power, any rules so made may provide for-(a) the courses of training to be pursued, the vocational standards to be attained or the tests to be passed by seamen generally or ..... is clearly found by the committee that under the scheme of examination, out of 550 marks 300 are provided for practical training and out of this, 1/3rd weightage is for on ..... state government should think in terms of the above lines suggested by us. 8. .....

M.J. Fithaly Fernando Vs. Mv Kinship Prosperity and Others

Court : Kerala

Reported in : 2012(3)KLT650; 2012(3)KLJ723

..... however, this court without going into the merit of the said contention suggested the petitioners to file application before the magistrate court under section 145 of the merchant shipping act, 1958 (hereinafter called "the ms act"). ..... these writ petitions are filed by two captains, chief engineer and chief officer respectively employed in the ship owned by the first respondent challenging separate but identical orders issued by the judicial magistrate of the first class, kochi, allowing petition filed by the first respondent under section 8 of the arbitration and conciliation act, 1996, referring the dispute on wages between the petitioners and the first respondent for arbitration. ..... no.2086/2010 the dispute raised by the first respondent was that the magistrate court does not have powers under section 445 of the ms act to pass interim orders either to restrain or arrest the ship or to demand security for recovery of arrears of wages claimed by the seamen like petitioners. ..... even though counsel for the petitioners contended that the summary proceedings contemplated under section 145 is a special power conferred on magistrate court and it's objective is fast determination and recovery of arrears of wages to seamen is correct, we are of the view that so long as ms act does not prohibit settlement of wage dispute through arbitration, we feel the agreement between shipping company and employees cannot be declared void or unenforceable. .....

The Provident Fund Inspector, Ernakulam Vs. B. Paul Abrao

Court : Kerala

Reported in : AIR1965Ker239; 1965CriLJ646; (1966)ILLJ495Ker

..... stevedores--and of trimmers of coal on board ships--having claims for work done in connection with the stowing or discharging of ships' cargoes were enlarged by the (english) merchant shipping (stevedores and trimmers) act, 1911. ..... the notification was published in the gazette of india, dated the 17th march 1962 and reads as follows :-- 'in exercise of the powers conferred by clause (b) of sub-section (3) of section 1 of the employees provident funds act, 1952(19 of 1952), the central government hereby applies the said act, with effect from the 30th april, 1962, to every trading and commercial establishment employing twenty or more persons each and engaged in the purchase, sale or storage of any ..... it is agreed that all that bernard paul abrao did was to load or unload cargoes from the ships that requisitioned his services; and it is impossible to say that that work will make him an exporter or importer as understood in the language of commerce or of ordinary ..... a workman employed either as an overseer or as a labourer in the loading and unloading of the cargoes of merchant vessels. ..... and halsbury : 'where the actual work of the loading is delegated to a stevedore, the stevedore is, as a general rule, to he regarded as the servant of the shipowner, who, as being the person primarily responsible for the loading, is liable to the shipper, in the absence of an exception covering the stevedore's negligence, for the manner in which the stevedore performs his work, and also to the stevedore .....

Muhammed Basheer Vs. Kannur District Co-operative Bank Ltd.

Court : Kerala

Reported in : 2010(2)KLT577

..... in any aircraft; in any vessel falling under the merchant shipping act, 1958; in any conditional sale, hire purchase or lease of goods, pledge of movables; unpaid seller's lease under the sale of goods act, 1930 etc. ..... though it could be stated that the issue as to whether land planted with rubber is to be excluded from the term 'agricultural land' in section 31(i) of the act was not pivotally raised in that case and that it proceeded on the assumption that a rubber plantation is 'agricultural land', the precedential value of that decision, in re the facts and arguments in case in hand, cannot to ..... the inexcusable conclusion is obvious; that the clear legislative intention is that the term 'agricultural land' in section 31(i) of the act would be applied without culling out any exemption from that term on the basis or nature of crop or the cultivation that is made on ..... would now advert to the apparent assumption expressed by the respondents, even in pleadings, that the exemptions provided by the operation of section 31 are made with predominant thrust on matters attendant to livelihood and small items and that properties of commercial matters are not included ..... purpose of using the term 'agricultural land' in the act, to wit, in section 31(i) thereof, is to provide that the act shall not be applied to security interests created on such ..... different considerations would have gone into the making of section 31(i) to the effect that the act does not apply to any security interest created in .....