Judgment Search Results Home > Cases Phrase: merchant shipping act 1958 section 346 damages for personal injury Page 2 of about 3,997 results (0.681 seconds)

Syed Mohmmed Jamil Vs. Union of India (Uoi) and ors.

Court : Kolkata

..... 2/shipping corporation of india limited, it was submitted that the petitioner is certainly a seaman within the meaning of section 2(42) of the merchant shipping act, 1958 which reads:(42) 'seaman' means every person (except a master, pilot or apprentice/employed or engaged as a member of the crew of a ship under this act, but in relation to sections 178 - 183 (inclusive) includes a ..... for the petitioner inviting attention of the court to section 121 of the merchant shipping act, 1958 which deals with discharge and leaving behind of seamen by masters of indian ships. ..... section 213 of the merchant shipping act, requires the master of the ship to maintain the official log book regarding recording of the conduct of the seamen at the time of discharge before completion of voyage and the reasons for the same are to be recorded in official log book, which is kept in the ship for ..... -authorities for not paying off in violation of section 129 of merchant shipping act and not release of the arrears salary and other various admitted allowances, excepting retainer allowances, had approached this court with the ..... was increasingly felt unjust and improper, there was need for amendment of section 95 of the merchant shipping act, 2002. ..... was then submitted on behalf of respondent/union of india that the writ petition is not maintainable in view of section 145 of the merchant shipping act, 1958 and also for the reasons that the claim as made in the present application is essentially a money claim. .....

Tucker Vs. Alexandroff

Court : US Supreme Court

..... " section 4596 is largely a reproduction of the section above cited from the merchants' shipping act, and provides that "whenever any seaman who has been ..... by section 243 of the merchants' shipping act of 1854 (17 ..... carried into the new merchants' shipping act. ..... alexandroff arrived at philadelphia, she became such upon being launched; (2) that, under the treaty with russia of 1832, in virtue of which these proceedings were taken, she was a ship of war, as distinguished from a merchant vessel, notwithstanding she had not received her equipment or armament, and was still unfinished; (3) that, under her contract of construction, she was from the beginning, and continued to be, the property ..... intent of the statute, as of the treaty, is to afford a remedy for the common case of sailors deserting their ship, on her coming into port at the risk of leaving her with no sufficient crew to continue her voyage, and not to the case of a ship which has never been completed or equipped for sea, or to persons collected together on shore for an indefinite period, doing no naval duty, though intended ultimately to become part ..... with the proviso that the stay be not unnecessarily long, and that the mexican government should be liable for any injury inflicted by these troops. ..... process of launching, she escapes from the control of those about her, shoots across the stream and injures another vessel, she is liable to a suit in rem for damages. ..... of committing a tort, and is responsible in damages therefor. .....

Joint Commissioner of Income-tax Vs. Essar Shipping Ltd.

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2006)102ITD71(Mum.)

..... in the case of ships, section 26 of merchant shipping act, 1962 provides that an application for registration of an indian ship shall be made by the person requiring to register his ownership. ..... formality; (vi) that the assessee-company had used the ships for the purpose of its business and the assessee was fully justified in claiming depreciation under section 32 of the income-tax act, even though no corresponding income was recorded in its ..... not recognised any freight income for the relevant previous year from those two tankers because of the method of income recognition followed by the assessee-company inasmuch as it is the practice of the assessee-company to recognise and record the freight income only on completion of loading of the ships; (v) that the two ships purchased by the assessee were in fact owned by the assessee-company and the registration under the merchant shipping act, 1962 is only a consequential and administrative .....

Jcit, Sr-27 Vs. Essar Shipping Ltd. (South India

Court : Income Tax Appellate Tribunal ITAT Mumbai

..... in the case of ships, section 26 of merchant ship act, 1962 provides that an application for registration of an indian ship shall be made by the person requiring to register his ownership. ..... not recognised any freight income for the relevant previous year from those two tankers because of the method of income recognition followed by the assessee company inasmuch as it is the practice of the assessee company to recognise and record the freight income only on completion of loading of the ships; (v) that the two ships purchased by the assessee were in fact owned by the assessee company and the registration under the merchant shipping act, 1962 is only a consequential and administrative ..... he held that the instrument of sales, the certificates of protocol are more important than the formality of registration under the merchant shipping act, 1962, for the purpose of ascertaining the true ownership of the ships.he found that the log book entries produced before the assessing authority are the primary evidences to determine whether the assessee company was in a position to exercise its absolute right and control over the ships. ..... registration under merchant shipping act, 1962 is a must for carrying on the business of shipping. ..... (vi) that the assessee company had used the ships for the purpose of its business and the assessee was fully justified in claiming depreciation under section 32 of the income-tax act, even though no corresponding income was recorded in its books of account.6. .....

State Trading Corporation of India Ltd. Vs. Government of Peoples Repu ...

Court : Delhi

Reported in : 63(1996)DLT971; 1997(40)DRJ441

..... 3(15) of the merchant shipping act, 1958, which would be relevant for the purpose of deciding the question arising herein arc reproduced herein : 443.power to detain foreign ship that has occasioned damage (1) whenever any damage has in any pat of the world been caused to property belonging to the government or to any citizen of india or a company by a ship other than an indian ship and at any time thereafter that ship is found within indian jurisdiction, the high court may, upon the application of any person who alleges ..... its territorial jurisdiction may still exercise power to order attachment by detention of a ship under section 443 if it be a 'high court' within the meaning of s.3(15) of the act; (ii)a high court seized of a suit within its competence by reference to pecuniary and territorial jurisdiction, though not a high court within the meaning of section 3(15) of the merchant shipping act, 1958, may independent of the provisions contained in section 443 of the act exercise jurisdiction to direct arrest and detention of a ship if found in indian territorial waters and if it may form an opinion that ..... (11) it is settled law that cause of action consists of bundle of facts which give cause to enforce the legal injury for redress in a court of law. .....

Hasan HossaIn and ors. Vs. the King.

Court : Kolkata

Reported in : 1949CriLJ567

..... the captain then got the police to make a case under section 103, indian merchant shipping act, before the chief presidency magistrate alleging an offence under 8.103 of the said act, with the result above noted and we may observe that the captain has, by these proceedings, succeeded in his object, the ship having left the port. ..... this rule is against an order of conviction under section 103 (in), indian merchant shipping act. ..... they had each an agreement with the captain, one of the terms of which is that the seamen will have all rights in accordance with the british merchant shipping act.3. ..... part ii, indian merchant shipping hat, which contains section 103 is applicable as laid down in section 5 of the act. ..... provisions of section 320, merchant ship, ping act. ..... shipping act. ..... under clause 2 (c) of that section the provisions of the part are applicable to british {ships and their crew in matters of discipline in respect of all sea-going ships registered in british india while such ships are in british india. 8. ..... those, the merchant shipping act, 1884, equally has no application for punishing indiscipline on a foreign ship.9. ..... that, the act applies to all bea going ships registered in the united kingdom and to the crew of such ships. ..... applicability of the section is provided in the act by section 260. ..... it is highly regrettable that a case affect, ing seamen was held up for such a length of time in this court. ..... this rule was issued on 24th may 1948 and it came up for hearing on 13th august 1948. .....

HanjIn Shipping (S) Pte Ltd. Vs. Prime Shipping Inc. Six.

Court : Kolkata

..... the limited liability suit was filed under the provisions of the merchant shipping act, 1958 by the said company limiting their liability as against 26 defendants amounting to rs.32,82,467.02/- that they deposited in court pursuant to an order passed by the learned ..... under section 352-a ship owner may be responsible to the extent as the assured himself, may limit his liability as provided under section 362-b in respect any claim arising out of an eventuality causing damage to any cargo or person or any loss resulting in carriage of goods ..... court would hence, the amount that was deposited in ordinarily be available for distribution amongst the pressing creditors.mr.banerjee, would say, although 83 intervenors initially opposed the limited liability action they did not formally file ..... we have also heard mr.swapan kumar das, learned advocate appearing for respondent no.1 pandy correspondence private limited claiming to be the insurance agent of the trustee of ..... certified copy of this order, if applied for be given to the parties upon compliance ..... application is not entertained the issue of whether the power of attorney holder or the official liquidator ought to represent the owners of vessel mv prime value and the decisions cited in respect thereof need not be considered for the purposes of this application or at this stage. ..... being the defendant no.7 filed an application before the learned single judge, inter alia, praying for a clarification as to the dismissal of the counter-claim. .....

Queen-empress Vs. Barton

Court : Kolkata

Reported in : (1889)ILR16Cal238

..... it was argued before us, that, under the provisions of the merchant shipping act, 1854, section 267, the prisoner should have been tried in every respect as if he had been tried at the central criminal court in london, and the cases of queen ..... the first of these is the section of the merchant shipping act, 1854, 17 and 18 vic, ..... and section 11 of the merchant shipping act, 1867, 30 and 31 vic, ..... the next act is the merchant shipping act, 1855, 18 and 19 vic, ..... last enactment on the subject is contained in the merchant shipping act, 1867, 30 and 31 vic, c. ..... next in order of time comes the merchant shipping act, 1854, 17 and 18 vic, ..... having thus ascertained the general rule for the trial of offences committed within the jurisdiction of the admiralty, we come next to the particular provisions in the several merchant shipping acts which deal with cases which either do not or may not fall within the ancient jurisdiction of the ..... that act provides that if any person is charged in any colony with an offence committed on the seas, he shall be dealt with there, as if the offence had been committed within the limits of the local jurisdiction of the courts of criminal justice of such ..... that section, so far as it is material to the present question, provides that all offences committed afloat against a person, by any seaman employed in any british ship, shall be inquired of, heard, and tried in the same manner as if such offences had been committed within the jurisdiction of the admiralty of .....

M.V. Mariner Iv, a Foreign Flag Vessel and Another Vs. Videsh Sanchar ...

Court : Mumbai

Reported in : 1998(2)ALLMR755; 1998(5)BomCR312; 1998(1)MhLj751

..... the vessel while in indian waters by an order of the concerned high court, as defined under the merchant shipping act, 1958, section 3(15) attracts the jurisdiction of the competent court to proceed with the trial, as in the case of any other suit, as an action against the owner, and any decree obtained by the plaintiff executable against any property of the owner available within jurisdiction, including the security furnished by him for release of the vessel. ..... liable to be arrested for the enforcement of maritime claims, or seized in execution of satisfaction of judgment in legal actions arising out of commissions, salvage, loss of life or personal injury, loss of or damage to goods and the ..... all foreign merchant ships and persons thereon fall under the jurisdiction of a coastal state as ..... liable to be arrested for the enforcement of maritime claims, or seized in execution or satisfaction of judgments in legal actions arising out of collisions, salvage, loss of life or personal injury, loss of or damage to goods and the ..... to determine their own powers) and unless expressly barred, unlimited jurisdiction and can assume jurisdiction over (1) all maritime and admiralty matters or disputes in respect of all maritime claims or questions (2) all persons who are within the territory or who submit to jurisdiction, (3) all things/ships within indian waters or within indian territory irrespective of the nationality or place of residence of owners or the place where cause of action arose. .....

The Commissioner of Income Tax Vs. M/S. Indo Oceanic Shipping Co. Ltd. ...

Court : Mumbai

Reported in : (2001)165CTR(Bom)404; [2001]247ITR247(Bom)

..... 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. ..... directly or indirectly in the provision of any perquisite (whether convertible into money or not) to an employee or incurs directly or indirectly any expenditure or is entitled to any allowance in respect of any assets of the assessee used by an employee either wholly or partly for his own purposes or benefit, then, subject to the provisions of clause (b), so much of such expenditure or allowance as is in excess of the limit specified in respect thereof in clause (c) shall not be allowed as a deduction;' (b) nothing in clause (a) shall apply ..... , contended that if the department's argument was to be accepted then all persons working on indian ships outside india would not be entitled to deductions under section 80rra. mr. ..... it was contended by department that under section 5, the legislature has laid down the scope of total income of a person who is a resident so as to include all income from whatever source ..... he submitted that reading of the said circular shows that persons working on ships outside india were entitled to claim deductions under section 80rra which rules out the argument of the department that indian ships constituted a territory of india even outside the territorial waters of .....