Judgment Search Results Home > Cases Phrase: merchant shipping act 1958 section 314 maintenance of load line marks Page 5 of about 699 results (0.164 seconds)

Antonio R. Borges and ors. Vs. Union of India (Uoi), Through Its Secre ...

Court : Mumbai

Reported in : 2003(4)BomCR529

..... the learned advocate for the petitioners was on the basis of section 121 of the merchant shipping act, 1958 (hereinafter referred to as 'the act of 1958'). ..... on the provisions of the merchant shipping act, 1958. ..... petitioners were taken to the police station illegally and unlawfully although under the provisions of the merchant shipping act police cannot take the serving seamen from the vessel until the competent authority i.e. ..... of the petitioners is concerned, according to the respondents, they have been discharged by following the requirements of section 121 of the act of 1958, because the officer, namely the surveyor-in-charge, had the authority to act under section 121 of the act of 1958 and had certified so and had given reasons for the discharge of the petitioners.13. ..... 45 the powers have been given to the director, who is appointed under section 12 of the act of 1958, and, therefore, it was contended by the learned counsel for the petitioners ..... however, section 95(3) of the act of 1958, was shown to us which gives powers to the ..... , but even in that regard the ground raised in the petition is that deboarding of the petitioners on 16th april, 2001, was illegal and, therefore, all the subsequent enquiries held are contrary to section 212 of the act of 1958. ..... harbour police station and thereafter the order of discharge dated 2nd may, 2000, came to be passed and, consequently, the said order is illegal as being not in conformity with the provisions of section 121 of the act of 1958.8. .....

T and J Brocklebank Ltd. Vs. Noor Ahmode

Court : Mumbai

Reported in : (1941)43BOMLR450

..... but that could not have been done unless the terms of section 36 of the merchant shipping act, 1906, were satisfied, that is that a certificate of the proper authority, who was, under section 49, in this case, the british consular officer, had been obtained, stating the cause of the seaman being left behind, as, for instance, unfitness or inability to proceed to sea. ..... a similar provision is now contained in section 200 of the merchant shipping act, 1894. ..... section 34 of the merchant shipping act, 1906, requires that all expenses of medical attendance and all expenses of medicines on the voyage are to be defrayed by the shipowner. ..... the duty of attending to complaints in cases of sickness, and the master of the vessel, who, by the very nature of things, exercised the functions of the owners of the ship when on high seas, for the purpose of looking after the health and safety of the crew employed on the ship, were careless and negligent in the matter of taking reasonable and proper care of the plaintiff in his illness, which within the period of time from september ..... again, section 458 puts on a shipowner an obligation which is to be deemed to be part of the agreement with the seamen that he should use all reasonable means to ensure that the ship is seaworthy when the voyage commences and to keep her seaworthy during the voyage. ..... thus section 209 provides that a foreign-going ship is to carry a fully qualified medical practitioner if she has on board one hundred persons or upwards. .....

income-tax Officer Vs. Jyoti Trading Corpn.

Court : Delhi

Reported in : [1990]34ITD414(Delhi)

..... the fact that the ships carving and marking note dated 2-12-1980 under section 28 of the merchant shipping act, 1958 showed that the name of the ship had been changed from 'mv jal azad' to 'mv jyoti vinod' would also not ..... on the other hand, shri subhash kumar, the learned departmental representative referred to various provision of the merchant shipping act, 1958 and stated that in terms section 42 of that act provided that no person could transfer or acquire any indian ship without the previous approval of the central government and that any transaction effected in contravention of this requirement, was ..... section 3(23) of the merchant shipping act, 1958 provides that 'owner' means -(a) in relation to a ship, the person to whom the ship or a share in the ship belongs,(b) in relation to a sailing vessel, the person to whom the sailing vessel belongs.section 42(1) of that act mandates that no person shall transfer or acquire any indian ship or any share or interest therein without the previous approval of the central government and any transaction effected in contravention of this provision shall be ..... there is no concept of de facto ownership recognised under the merchant shipping act, 1958 or under section 32 of the income-tax act, 1961 nor is it established on evidence as has been claimed ..... 9 of the merchant shipping act, 1958 read with section 48 of the merchant shipping act, 1959 dated 20th june, 1981, which was got authenticated by a judicial magistrate.the assessed had made the .....

Commissioner of Income-tax, Bombay Vs. Indo Oceanic Shipping Co. Ltd., ...

Court : Mumbai

Reported in : 2002(2)MhLj685

..... vide para 2 of the said circular, the board has clarified that after the amendment made in section 6 of the income tax act 1961 by the finance act, 1990 with effect from 1-4-1990 an indian citizen who is the member of a crew of an indian ship as defined in section 3(18) of the merchant shipping act, is regarded as resident in india only if he is in india for 182 days or more. ..... in this connection, the department has relied upon the provisions of the merchant shipping act and also they have relied upon the international conventions. ..... the provisions of the merchantshipping act are not in pari materia to the provisions of the income tax act.the said merchant shipping act is not even a fiscal legislation. ..... he contended that under the provisions of merchant shipping act as well as international conventions, the nationality of the ship is decided by the flag it carries. ..... mehta contended that one has to look to the provisions of the income tax act and not to the provisions of the merchant shipping act or international conventions. ..... he contended that provisions of the merchant shipping act has no application to the facts. ..... the provisions ofthe merchant shipping act are essentially invoked in cases of accidents. ..... he contended that scope of the merchant shipping act is quite different from the provisions of income tax act. ..... mehta further contended that prior to the notification issued by the central government in 1983, the term 'india' referred to 12 nautical miles from the shore/based line. .....

P.S. Offshore Inter Land Services Pvt. Ltd and Another Vs. Bombay Offs ...

Court : Mumbai

Reported in : [1992]75CompCas583(Bom)

..... ultimately, permission was granted by the director-general of shipping after examining all the necessary material as contemplated under section 42(1) of the merchant shipping act, 1958, by his letter dated 1st november, 1990. 6. ..... , as more particularly set out by the first respondent in its application dated 20th july, 1990, to the director-general of shipping for his approval under the merchant shipping act and its enclosures. ..... however, after hearing learned counsel for some time, and after having gone through the authorities and relevant provisions of the act with the assistance of learned counsel, i have come to the prima facie conclusion that section 293(1)(a) of the act is not at all attracted to the facts of this case and no interim relief of the kind sought can be granted at the instance of the sawhney group which was a willing consenting party to the transaction ..... it is, however, not possible for me to agree that the word 'undertaking' as used in section 293(1)(a) of the act can mean or embrace within itself even one of the several capital assets used by the owner in connection with the undertaking ..... to this limited extent, i disagree, having regard to the language used in section 293(1)(a) of the act, its legislative history and its avowed object. ..... i am afraid that none of these judgments can be considered relevant for the purpose of interpreting and applying section 293(1)(a) of the companies act (1 of 1956), which has a different legislative mission to serve. 23. mr. s. d. .....

Dallah Albaraka Investment Co. Ltd. Vs. Mt symphony 1 Ex. Mt arabian L ...

Court : Mumbai

Reported in : 2005(5)BomCR589

..... (xii) ...in view of the provisions of the said section 22 of the act, it is no more necessary that the claim in respect of the mortgage of any ship can be filed in a court in india only if it is in accordance with the provisions of merchant shipping act, 1894 or newly enacted merchant shipping act, 1958. ..... 2 to 4 under section 11 of the admiralty court act, 1861 there has to be a registration of the mortgage of the ship under the merchant shipping act, 1958. ..... 2 to 4 has contended that this court would have jurisdiction only if either the said foreign vessel is registered under the provisions of the merchant shipping act, 1958 or if the accredited representative of the foreign state has intervened and consented to the exercise of such jurisdiction or in an event if the parties consented to exercise of such jurisdiction. ..... 'it has been contended that for the purpose of this court having jurisdiction to try the claim of mortgage in respect of any vessel the said mortgage has to be duly registered according to the provisions of the merchant shipping act, 1854 and now the said merchant shipping act, 1854 has since been replaced by the provisions of the merchant shipping act, 1958. ..... 2 to 4 that admittedly the vessel is not registered under the provisions of the merchant shipping act, 1958 but the mortgage of the vessel is registered in the st. ..... 3 has brought to my attention the judgment of the division bench of this court in the case of islamic republic of iran shipping lines v. m.v. .....

India Steam Ship Co. Ltd. Vs. NaraIn Singh and anr.

Court : Kolkata

Reported in : AIR1968Cal64,1968CriLJ137

..... 138 as double pay for non-payment, under section 145(1) of me merchant shipping act, 1958 at the instance of narain singh, engine room, 2nd tindal, holding c. d. ..... section 195 of the merchants shipping act 1958 relates to conviction of a seaman for an offence of smuggling whereby loss or damage caused is to the master or owner of the ship and provides that the seaman would be liable to pay that master or owner a sum sufficient to reimburse the loss or damage and the whole or a part of his wages may be retained in satisfaction on account of that liability without ..... is committed for which the offender's agreement imposes a fine' in section 196 relates to such fines imposed by the master under the agreement sanctioned under the merchant shipping act but it does not cover a case where penalty is imposed under the customs act by the customs officials, for their act is not under scrutiny by the magistrate in an application under section 129 of the act the agreement however provides for distribution of fines imposed by customs authorities or the members of the crew ..... the learned chief presidency magistrate decided the claim under section 145(1) of the merchant shipping act and the law provides that the magistrate shall try the case in a summary way and the order made by the magistrate in the matter shall be final. .....

Ranjit Narayanan and B.S. Teeka Represented by Mr. Yunus J. Shichandle ...

Court : Chennai

..... the limits of r1 police station and the jurisdiction of this hon'ble court and therefore for his pending wages, this hon'ble court has competent jurisdiction to try this complaint summarily as per under section 145 of the merchant shipping act 1958.8. ..... section 21 of the merchant shipping act, 1958 reads as follows:21. ..... in such case, the respondent has sought relief under section 145 of the merchant shipping act, 1958. ..... the contention is that the vessel in question is not registered in india, is not a vessel which is required by the act to be so registered and not a indian vessel as defined in section 21 of the act and as such, the merchant shipping act would not apply thereto. ..... is registered in india; orb any vessel which is required by this act to be so registered; orc any other vessel which is owned wholly by persons to each of whom any of the descriptions specified in the clause(a) or in clause(b) or in clause(c), as the case may be, of section 21 applies,d shall so apply wherever the vessel may be.1 unless otherwise expressly provided, the provisions of this act which apply to vessels other than those referred to in sub-section (1) shall so apply only while any such vessel is within ..... the short ground taken on behalf of the petitioners is that it is an undisputed fact that the vessel in which the respondent served and of which he was off-loaded at morocco on 29.03.2006 was a norwegian vessel. .....

Oil and Natural Gas Corporation Ltd. and anr. Vs. Shipping Corporation ...

Court : Mumbai

Reported in : 2007(4)ALLMR92; 2007(6)BomCR395; 2007(3)MhLj100

..... under section 352c of the merchant shipping act, 1958. ..... by the oil and natural gas corporation and the new india assurance company limited under section 352c of the merchant shipping act, 1958.2. ..... a later date be required to pay in whole or in part, any of the claims under this part, which could be settled from the fund, the high court may notwithstanding the foregoing provisions of this section order that a sufficient sum may be provisionally set aside for the purpose to enable the owner to enforce his claim against the fund at a later date in accordance with the provisions of sub ..... alleged to have been incurred by the owner of a vessel in respect of claims arising out of an occurrence and the aggregate of the claims exceeds or is likely to exceed the limits of liability of the owner under section 352b, then the owner may apply to the high court for the setting up of a limitation fund for the total sum representing such limits of liability. ..... (5) where the owner establishes that he has paid in whole or in part any claim in respect of which he can limit his liability under section 352a, the high court shall place him in the same position and to the same extent in relation to the fund as the claimant whose ..... these rights are claimed by the defendants as flowing from sub-section (3) of section 352c which reads as follows:(3) after the fund has been constituted, no person entitled to claim against it shall be entitled to exercise any right against any other assets of the owner in respect .....

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

Court : Supreme Court of India

..... 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 ..... teus into nt (slot charter) (i) in addition to loading containers on their own container vessels, shipping companies also hire slots on container ships (not owned by them) plying on various routes. ..... it may be stated in brief that in view of the stiff competition faced by the indian shipping companies vis-a-vis foreign shipping lines, and in order to ensure an easily accessible, fixed rate, low tax regime for shipping companies, the rakesh mohan committee in its report (of january, 2002) recommended the introduction of the tts in india, which was similar to, and adopted some of the ..... duly recognized at note 3 of form 66 and reproduced as under: in addition to loading containers on their own container vessels, shipping companies also hire slots on container ships (not owned by them) plying on various routes. .....