Judgment Search Results Home > Cases Phrase: merchant shipping act 1958 section 346 damages for personal injury Court: kerala Page 1 of about 51 results (0.203 seconds)

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

Court : Kerala

..... 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. ..... necessary is only quote read subsection 1 and 3 of section 402 of the marine ship act together, which reads thus: sub section 1:- (a) wholly or in part within the territorial waters of india in saving life from any vessel, or elsewhere in saving life from a vessel registered in india, or (b) in assisting a vessel or saving the cargo or equipment or a vessel which is wrecked, stranded or in distress at any place on or near the coasts of india, or (c) by any person other than the receiver of the wreck in saving ..... from any vessel, or elsewhere in saving life from a vessel registered in india; or (b) in assisting a vessel or saving the cargo or equipment of a vessel which is wrecked, stranded or in distress at any place on or near the coasts of india;or (c) by any person other than the receiver of wreck in saving any wreck, there shall be payable to the salvor by the owner of the vessel, cargo, equipment or wreck, a reasonable sum ..... of the coast guard services and hereby undertake when called upon so to do forthwith to indemnify wijsmuller in respect of any such claim whether already pending or to be brought and whether by the indian coast guard or by any person who is or was a member of the coast guard (including any personnel or vessel seconded thereto or operating under its aegis) at any material time; 33. .....

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. ..... 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. ..... the crew did not look after the ship it would have been completely damaged. ..... 111 of 2003 before this court for release of the vessel or to dispose of the vessel after ascertaining the damages caused to the vessel by the master and crew on appraising its value by appointing a competent marine ..... summary proceedings for wages:(1) a seaman or apprentice or a person duly authorised on his behalf may, as soon as any wages due to him become payable, apply to any judicial magistrate of the first class or any metropolitan magistrate, as the case may be, exercising jurisdiction in or near the place at which his service has terminated or at which he has been discharged or at which any person upon whom the claim is made is or resides, and such magistrate shall try the case in a .....

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. ..... 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. ..... have also produced true copy of the certificate of seychelles registry under the merchant shipping act which is annexure-al. ..... have no case that the petitioners have violated any provision of the merchant shipping act, u.n. ..... documents produced in the case and the circumstances also do not prima facie indicate that the petitioners entered the territorial waters, wilfully and even if so they are entitled for innocent passage being the members of the crew of a fishing vessel as per the existing laws and the international conventions as noted above, a conclusion which is unexceptionable. ..... which also amounted to endangering the life and personal safety of the crew of the vessel, apart from the general allegation that the captain and the crew wilfully entered the territorial waters, allegedly a brazenly provocative act. .....

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. ..... 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. ..... thereafter the government had discussions with the trade union leaders of the kerala fisheries corporation and ultimately the government decided to take all the retrenched persons in the service of any of the agencies of the government such as matsyafed, welfare fund board and campuram primary co-operative society etc. ..... union of india 1987 (supp) scc 497, the service of ad-hoc assistant medical officers who were initially appointed for six months but were continued for periods ranging upto four years were sought to be terminated to accommodate the candidates selected by the union public service ..... p3 is the proceedings issued by the managing director, kerala fisheries corporation granting extension of contract of service to the 28th petitioner for a period upto march 31, 1982 on the same terms and conditions as agreed upon in the memorandum of agreement executed on july 11, ..... 20, 1988 the government absorbed 40 persons from the kerala fisheries corporation. ..... if a person does not have the feeling that he belongs to an organisation engaged in production he will not put forward his best efforts to produce .....

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. ..... is sold orotherwise transferred by the assessee to any person other than the government..... ; or..... .....

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

Court : Kerala

..... according to the dgs, 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. ..... (2) except as otherwise provided under the rules made under sub-section (3), no person shall engage or carry to sea any seaman to work in any capacity in any ship or in any class of ships specified in this behalf by the central government unless the seaman is in possession of a certificate in the prescribed form granted by the prescribed authority to the effect that he is physically fit to be employed in that capacity. ..... be conducted, and the fees payable therefor;(d) the form and contents of medical certificates and the period of their validity;(e) the re-examination by such medical authority as may be specified of persons who have been refused medical certificates of physical fitness in the first instance and the fees payable for such re- examination;(f) the circumstances in which, or the conditions subject to which, any seaman or class of seamen, or any ship or class of ships, may be exempted from the operation of sub-section (2). 99. .....

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"). ..... contention raised by the first respondent by dismissing the writ appeal vide judgment dated 22.6.2012 and by simultaneously declaring that the magistrate court has the powers to pass interim orders either by way of attachment or arrest of ship or other movables or by demanding security for realising arrears of wages determined by the magistrate and even during pendency of application filed by the seamen like the petitioners claiming wages in the magistrate court. ..... power of court to rescind contract between master, owner or agent and seaman or apprentice:- where a proceeding is instituted in any court in relation to any dispute between master, owner or agent of a ship and a seaman or apprentice, arising out of or incidental to their relation as such, or instituted, for the purpose of this section, the court, if having regard to all the circumstances of the case, it thinks it just to do so, may rescind any contract between the master, owner or agent and the seaman or apprentice, upon .....

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

Court : Kerala

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

..... sub-section (1) of section 1 of that act provides : 'if it is claimed that any sum is due to any person from the owners of a ship for work done at any place in the united kingdom by that person in connection with the stowing or discharging of cargoes on board or from that ship, or the trimming of coal on board that ship, and that ship is at any time found in any place in england or ireland or within three miles of the coast thereof, a judge of any court of record in england or ireland may, upon its being shown to him ..... 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 goods, including establishments of exporters, importers, advertisers, commission agents ..... the remedies of 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. ..... 346 dated the 7th march 1982. .....

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

Court : Kerala

Reported in : 2010(2)KLT577

..... 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 ..... that even if the land is kept idle for some time, it does not cease to be agricultural land and if that were so, the provisions of the act in question cannot apply in view of the embargo in section 31(i) of the act. ..... for decision is as to whether a piece of land planted with rubber is to be excluded from the term 'agricultural land' for the purpose of section 31(i) of the act.8 ..... that the term 'agricultural land' in section 31(i) of the act means only such lands, on which agricultural operations are being carried on for the purpose of livelihood, whereas plantations with large extent of property is, essentially, commercial activity, not intended to be excluded from the purview of the act. ..... by virtue of section 31(i) thereof, the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002, for short, the 'act', does not apply to any security interest created .....