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. .....
Tag this Judgment!Court : Gujarat
Reported in : [1986]59CompCas368(Guj)
..... ship was seeking to take advantage of the limitation of liability under section 502 of the merchant shipping act, ..... the managing directors and without treating them as one and the same personality, it can still be legitimately said that in proceedings under section 101, managing directors being officers of the company are required to act in support of the petition and in the progress of the petition as envisaged by the scheme of the act and rules themselves and they cannot plead total ignorance of these proceedings ..... court is that the high court has no jurisdiction to expunge passages from the judgment of an inferior court which has not been brought before it in regular appeal or revision; but an application under section 561a, criminal procedure code, is maintainable and in a proper case, the high court has inherent jurisdiction even though no appeal or revision is preferred to it, to correct judicially the observations made by ..... logically flowing from the earlier penultimate findings based on evidence on record, even if such remarks were found to have been made against persons who had no real opportunity to meet them, they cannot have any remedy under section 151, civil procedure code, and the only remedy in such a case for innocent strangers who are accidentally or unwittingly injured by the court's remarks would be to go in review. ..... available only where the injury is caused without ..... 148 of 1957 and 4 of 1958, d/28-4-1959 (sc), this court observed that it was not necessary to .....
Tag this Judgment!Court : Gujarat
Reported in : AIR2002Guj229
..... as against that the plaintiff submitted that this was a suit filed under merchant shipping act for limited action and therefore the said decision of the supreme court is not applicable to the facts ..... on the arrest convention 1952 which is the correct international law applicable to greece, india and egypt (4) it is not opposed to natural justice since in an action in rem if the owner opts not to appear and leave the respondent for condemnation there is no question of the judgment becoming opposed to natural justice (5) it has not been obtained by fraud, the defendants are not able to establish any fraud and (6) it is not based on a claim founded on a ..... perusing papers, the court has pleased to issue a judgment nullifying the seizure of the defendant-vessel and accepted the claim of the present owners of the defendant-vessel and directed the persons who had claim against the defendant-vessel, to agitate the same against her sale proceeds. ..... as regards balance of convenience is concerned if the ship is arrested during the pendency of the suit, the defendant will suffer irreparable loss, injuries and hardship which cannot be compensated in terms of ..... the mamlatdar had no authority to have the property in question sold by public auction under section 155 of the bombay land revenue code so long as the property was under attachment and therefore in the custody ..... hand if the vessel is released, the plaintiff will not suffer any injury much less irreparable loss and hardship in this behalf. .....
Tag this Judgment!Court : Gujarat
Reported in : [1976]102ITR105(Guj)
..... in ex parte ferguson and hutchinson, a question arose as to the meaning of the enactment in section 2 of the merchant shipping act, 1854, that the word 'ship' shall include 'every description of vessel used in navigation not propelled by oars'. ..... 1,85,216 was exempt under section 5(1)(viii) of the wealth-tax act on the ground that they were meant for personal use of the ladies of the family ..... 25,000 from out of the value of the jewellery in her possession whether the same was intended for her personal use or not but under section 5(1)(viii) the value of all the jewellery intended for the personal use of the assessee stands excluded in the computation of the net wealth of an assessee.' 9. ..... in that case and in all other cases under the wealth-tax act till then that the assessee would not be entitled to claim successfully exemption for jewellery and ornaments irrespective of their value under clause (viii) of section 5(1) on the ground that they are articles intended for the personal use of the assessee in view of specific provision having been made in respect of jewellery belonging to the assessee under clause (xv) of section (5)(1) as then existing where an initial exemption of rs. ..... the interpretation canvassed on behalf of the assessee would defeat the legislative intent of removing with retrospective effect from april 1, 1963, the cover of exemption to jewellery by excluding it from articles intended for personal use of an assessee, because on that interpretation advanced by mr. .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1999Guj240; 2000(69)ECC60; 2000(116)ELT453(Guj)
..... sub-section (2) of section 2 of the merchant shipping act, 1958, (hereinafter referred to as 'the act') reads as the provisions of the act which apply 'unless otherwise expressly provided to vessels other than those referred in sub-section (1) shall so apply only while such vessel is within india, including the territorial waters thereof'. ..... the apex court, after pointing out the provisions contained in imports (control) order and imports and exports (control) act, 1947, pointed out that - 'the idea is to hold the licensee responsible for anything and everything that happens from the time of import till they are cleared through customs. ..... holding otherwise would place the exporter in a very difficult position; he loses the goods without receiving the payment and his only remedy is to sue the importer for the price of goods and for such damage as he may have suffered. ..... the master pilot, harbour master or other person in charge of the ship shall on arriving in india give immediate notice of the shipping casualty to the officer appointed in this behalf by the central government. ..... according to his submission, if the title in any imported goods is relinquished, then, after notice to the importer and with the permission of proper officer, such imported goods are to be sold by the person having interest therein. ..... a person who is not an owner can import the goods and therefore, the fiction of ownership in control orders. if m/s. .....
Tag this Judgment!Court : Gujarat
Reported in : (2001)IILLJ1517Guj
..... provisions referred to in sub-section (1) are the provisions mentioned below: - (a) section 67 of the factories act, 1948; (b) section 40 of the mines act, 1952; (c) section 109 of the merchant shipping act, 1958; and (d) section 21 of the motor transport workers act, 1961.' 8. ..... section 15(1) of the child labour (prohibition and regulation) act, 1986 specifies that where any person is found guilty and convicted in contravention of any of the provisions mentioned in sub-section (2) of the said section the penalties are to be imposed as provided in sub-sections (1) and (2) of section 14 of the child labour (prohibition and regulation) act, 1986 and not as provided under the act in which those provisions (whose violation is alleged) ..... - save as is otherwise expressly provided in this act and subject to the provisions of section 93, if in, or in respect of, any factory there is any contravention of any of the provisions of this act or of any rules, made thereunder or of any order in writing given thereunder the occupier and manager of the factory shall each be guilty of an offence and punishable with imprisonment for a term which may extend to (two years) or with fine which may extend to (one lakh rupees) or with both, and ..... on plain reading of provisions of sections 67 and 92 of the factories act, 1948 at first blush it would appear that for a default under section 67 of the said act the penalty has to be imposed as provided in section 92 of the said act, and normally that would be .....
Tag this Judgment!Court : Gujarat
Reported in : (2003)181CTR(Guj)134
..... if that be so, income-tax thereon would be deductible at source under section 195(1) of the act which inter alia provides that any person responsible for paying to such non-resident any interest chargeable under the provisions of the act (not being the income chargeable under the head 'salaries'), shall, at the time of credit of such income to the account of the payee or at the time of payment in cash or by the issue of a cheque or draft or by any other mode, ..... vishnudayal dwarkadas : [1980]123itr140(bom) was cited to point out that, in a case where under the agreement between the parties, the entire price, both for the movable and immovable properties, agreed to be sold, was to be paid to the assessee by the vendor on 1-5-1958, and since the purchaser was unable to pay the same on that date, and paid it on the execution of the sale deed, on 25-1-1959, the sum of rs ..... in clauses 15(d) to 115(e) of the moa, measure of damages due to default of the buyer in payment or the seller in the execution of the bill of sale or in delivery was fixed at 20 per cent of the purchase price of the ship, which as per the commercial invoice dated 22-9-1994, was us $ 30,69,416.51 as per the moa dated 14-7-1994, and as certified by the seller in that invoice ..... this is done on a theory of estoppel, sometimes on a theory of consideration moving from a third person, and sometimes on a theory of an independent transaction of the law merchant requiring no consideration except between the immediate parties. .....
Tag this Judgment!Court : Gujarat
Reported in : [2003]261ITR113(Guj)
..... cit : [2001]251itr806(bom) was cited to show that the question whether the ship breaking activities in which the assessees were engaged amounted to manufacture or production activities for the purposes of deductions under sections 80hha and 80-i of the act was decided in favour of the assessees holding that they were entitled to claim deductions under these ..... letters of credit, points out that the letters of credit though not upon consideration are given effect when acted on, on the theory of estoppel or sometimes on a theory of consideration moving from a third person and the attitude of the courts not to interfere with them having regard to the norms adopted by the substantive institution of law merchant, in the following terms :'letters of credit not under seal and not upon consideration are given effect when ..... vishnudayal dwarkadas : [1980]123itr140(bom) was cited to point out that, in a case where under the agreement between the parties, the entire price, both for the moveable and immovable properties, agreed to be sold, was to be paid to the assessee by the vendor on may 1, 1958, and since the purchaser was unable to pay the same on that date, and paid it on the execution of the sale deed, on january 25, 1959, the sum ..... court held that the vendor is bound to fulfill all his obligations under the contract and continues to be liable for all the consequences of his default including rejection of his goods by the purchaser or a claim for damages for breach of warranty by him. .....
Tag this Judgment!Court : Gujarat
Reported in : 181(2003)CLT134
..... ie that be so, income-tax thereon would be deductible at source under section 195(1) of the act which, inter alia, provides that any person responsible for paying to such non-resident any interest chargeable under the provisions of the act (not being the income chargeable under the head 'salaries'), shall, at the time of credit of such income to the account of the payee or at the time of payment in cash or by the issue of a cheque or draft or by any other mode, ..... vishnudayal dwarkadas : [1980]123itr140(bom) was cited to point out that, in a case where under the agreement between the parties, the entire price, both for the movable and immovable properties, agreed to be sold, was to be paid to the assessee by the vendor on 1st may, 1958, and since the purchaser was unable to pay the same on that date, and paid it on the execution of the sale deed, on 25th jan. ..... in clauses 15(d) to 15(e) of the moa, measure of damages due to default of the buyer in payment or the seller in the execution of the bill of sale or in delivery was fixed at 20 per cent of the purchase price of the ship, which as per the commercial invoice dt. ..... sometimes this is done on a theory of estoppel, sometimes on a theory of consideration moving from a third person, and sometimes on a theory of an independent transaction of the law merchant requiring no consideration except between the immediate parties. .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1983Guj34; (1983)1GLR292
..... in support of his submission, the learned counsel for the said defendants invited my attention to the statement of objects and reasons of the amendment act 1973, in the foreign awards act 1961 which was, according to the learned counsel, though enacted to give effect to the international convention on recognition and enforcement of foreign arbitral awards effected at new york on june 10, 1958, section 3 of the parent act, as held by the supreme court in tractoroexport's case (supra), does not give full effect to the ..... tons the plaintiffs have received 12525.555.55 metric tons and therefore there was a clear short delivery of 205.775.500 metric tons and the plaintiffs are therefore entitled to recover rupees 2,03,317.33 as damages for non-delivery and/or for conversion and/or for negligence by the aforesaid defendants who were bound under the contracts to supply, carry and deliver the agreed quantity of the bulk consignment. ..... all questions and disputes not mentioned in this bill of lading shall be determined according to the merchant shipping code of the ussr. ..... where the protocol applies and legal proceedings are brought by any parly to the arbitration agreement or a person claiming through or under him in respect of a matter agreed to be referred, the application for the mandatory stay should be made after appearance but before service of pleadings or any other step in the proceedings is taken by the appli-cant.'19. .....
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