Judgment Search Results Home > Cases Phrase: merchant shipping act 1958 section 346 damages for personal injury Page 1 of about 3,997 results (0.325 seconds)

Chowgule and Co. Ltd. Vs. Collector of Customs

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (1995)(80)ELT680TriDel

..... 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 ..... 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. ..... after import, the vessel was registered under section 34 of the merchant shipping act, 1958 (part v) & a certificate of indian ..... context sections 20 and 405, merchant shipping act, 1958 has ..... ship safety radio telegraphy certificate dated 29-9-1986 issued under section 301 (a) of the merchant shipping act, 1958 ..... ship safety equipment certificate dated 29-9-1986 issued under section 300(1)(a) of the merchant shipping act, 1958 ..... , inter alia, the following sea-worthy and safety certificates issued by different governmental authorities: (a) certificate of survey dated 28-10-1986 under section 27 of the merchant shipping act, 1958. ..... the tariff heading reads : "8901.90 - other vessels for the transport of goods and other vessels for the transport of both persons and goods 40%.the importers had contended that the department had not disputed the classification of the vessel under the above tariff heading of cta, 75, as such the vessel is indisputably a vessel for the transport of goods.further, the vessel 'maratha deep' was also carrying a consignment of coal from australia ..... for the conveyance of persons .....

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

Court : Gujarat

Reported in : (1997)2GLR1745

..... mukerjee for the plaintiff on the other hand has contended that sections 443 and 444 of the merchant shipping act, 1958 are not the repository of admiralty jurisdiction, that historically damage done by a ship was and is, as an issue, part of the admiralty jurisdiction, but when included in the statute, under the admiralty court act, 1961 damages have been made available to all persons against all ships, that the supreme court in case of m.v. ..... 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 ..... 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. .....

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

Court : Delhi

..... 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 provided on land; (ii) fishing ..... the tribunal was thus alive to the fact that the ship was initially designed for the purpose of drilling and that it moves from one place to another and in fact consists of equipments, boats, life saving devices, its quarters having accommodation of 74 person, canteen, recreation facilities etc. .....

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

Court : Kolkata

Reported in : 2005(1)CHN369

..... to (q) and those are set out below:'(a) damage caused by any ship either in collision or otherwise;(b) loss of life or personal injury caused by any ship or occurring in connection with the operation of any ship;(c) salvage;(d) agreement relating to the carriage of goods in any ship whether by charter party or otherwise;(e) agreement relating to the carriage of goods in any ship whether ;(f) loss or damage to goods including baggage carried in any ship;(g) general average;(h) bottomry;(i) towage;(j) pilotage;(k) goods or materials wherever supplied to a ship for her operation or maintenance, construction, repair or equipment ..... court of admiralty shall have jurisdiction over any claim in respect of any mortgage duly registered according to the provisions 'the merchant shipping act, 1854', whether the ship or the proceeds thereof be under arrest of the said court or not.12. ..... 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 british ship or boat, wheresoever the services may have been rendered and from any foreign ship or boat, where the services have been rendered either wholly or in part in british ..... 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. .....

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 rs. ..... the 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. ..... (3) the judgment of the trial court is modified as under:petitioners to pay us dollars 1273.58 as arrears of wages and us dollars 1500 as damages and also pay interest at the rate of 6 per cent per annum from the date of application till full payment together with costs of rs. ..... sub-section (3) of section 114 provides that the master of a ship other than indian ship shall give to the shipping master a bond with the security of some approved person resident in india for such amount as may be fixed by the central government in respect of each seaman engaged by him, in any part in india. .....

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

Court : Delhi

..... in the light of this communication, the petitioner has amended the petition seeking 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 ..... 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 of the insa members and refer the following issues for adjudication. ..... further relief has been claimed against respondent nos.1 and 2 to cease and desist from instigating and/or continuing with its strike and stoppage of work in connection with the members of petitioner ships in all ports or to cause any damage/destruction/agitation to the members of the petitioner's ships/vessels, ports, offices all over india, container terminals, warehouses, etc. .....

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

Court : Mumbai

Reported in : AIR1983Bom178; (1983)85BOMLR250

..... dealt only with the jurisdiction of the court in enforcing a mortgage of a ship registered in india and the effect of the merchant shipping act, 1958 thereon and was in to way concerned with the enforcement of a mortgage of ..... 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 of the plaintiff ..... 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 ..... not a case of a mortgagee enforcing anything but was a case where a merchantman claimed priority in lien over the sale proceeds of a ship as against a person who claimed to be a mortgagee in possession and the court actually considered the properties between the mortgagee and the merchantman, similar misplaced is the ..... 346, which pertains to the jurisdiction of the colonial court of admiralty, and read thus:--'within the limitations, if any, laid down by the colonial legislatures, or the orders conferring jurisdiction, the colonial court of admiralty have the same jurisdiction and powers as were exercised in admiralty by the high court in england at the passing of the colonial court of admiralty act 1890 .....

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. ..... 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 as it may consider ..... '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 the principles of ejusdem ..... 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 by or under this ..... scope of natural justice and the principles as to personal bias and the function of quasi judicial officer or tribunal and as to their disqualification on ground of personal bias were considered.9. mr. ..... it is, as if, that a person will become a judge of his own .....

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

Court : Kolkata

Reported in : 2007(3)CHN203

..... 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. ..... allowed to opt for the service conditions under the merchant shipping act. ..... requirement was in terms of section 456 of the merchant shipping act and could not be waived under ..... 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 ..... he would however be entitled to be engaged for cargo ship and if there is no cargo ship available the authorities would not be obliged to pay any retention allowance beyond three months ..... it was contended on behalf of the petitioners that in earlier writ proceedings the authorities contended before his lordship that the condition for submission of watch keeping certificate stood by the corrigendum dated february 18, 2004 appearing at page 71 of the paper book. ..... 2005, wherein the petitioners re-agitated the issue and prayed for a writ of certiorari for quashing of those notices by which the authorities demanded those ..... considering those aspects his lordship directed the authorities to consider their prayer for reverting back to the earlier arrangement under fr & sr and if it was not possible the authority should give them opportunity to have those certificates .....

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. ..... a person purchases a jet ski for the purchase ofenjoying the thrills of water skiing without the ties of a boat and towrope and forexhilaration of high speed movement over the surface of water.7. ms. e.d. ..... later the court went on to consider the issueregarding 'used in navigation', the phrase 'used in navigation' conveyed the conceptof transporting persons or property by water to an intended destination. .....