Judgment Search Results Home > Cases Phrase: merchant shipping act 1958 section 352 definitions Page 1 of about 7,188 results (0.217 seconds)

Chowgule and Co. Ltd. Vs. Collector of Customs

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (1995)(80)ELT680TriDel

..... (x) the importers also maintained that in the absence of any definition of the expression 'ocean going' any vessel which is a sea going vessel under the merchant shipping act, 1958 must be deemed to be an ocean going vessel. ..... (v) they also furnished 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. ..... (iii) after import, the vessel was registered under section 34 of the merchant shipping act, 1958 (part v) & a certificate of indian registry no. ..... in this context sections 20 and 405, merchant shipping act, 1958 has been referred. ..... (f) cargo ship safety radio telegraphy certificate dated 29-9-1986 issued under section 301 (a) of the merchant shipping act, 1958. ..... (e) cargo ship safety equipment certificate dated 29-9-1986 issued under section 300(1)(a) of the merchant shipping act, 1958. ..... (c) cargo 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. ..... (vi) the importers also furnished, 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. ..... (d) international oil pollution prevention certificates dated 30-9-1986 and 29-1-1987 under section 352 (n).(o). .....

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

Court : Delhi

..... for the purposes 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 vessels; (iii) factory ships; (iv) pleasure crafts; (v) harbour ..... act, the drilling rig is not covered under the definition of qualifying ship. .....

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

Court : Kolkata

Reported in : 2005(1)CHN369

..... the 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. ..... the high 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 waters.10. ..... whenever any ship or vessel, or the proceeds thereof are under arrest of the high court of admiralty, the said court shall have the same powers as are conferred upon the high court of chancery in england by the 9th part of 'the merchant shipping act, 1854'.23. ..... the definition of maritime claims in this last convention is given in article 1(1) under heads marked with letters (a) to (v) and those are set out below:'(a) loss or damage caused by the operation of the ship. .....

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 ..... 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. ..... this submission cannot be accepted because the right given to a seaman or apprentice under section 144 of the merchant shipping act to recover his wages is a civil right and the forum through which he could make this recovery is the ..... contention of the counsel for the petitioner that proceedings under section 145 of merchant shipping act were summary trial, cannot be accepted. ..... it appears from the wording of section 145 of the merchant shipping act that the legislature wanted and intended to provide speedy remedy for seaman or apprentice for recovering his wages by a separate forum quickly and speedily and that legislature did not want seaman or apprentice ..... the seamen such provisions have been made in the merchant shipping act, from section 114 onwards. .....

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

Court : Delhi

..... 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 to strike notice dated 2nd february, 2011 issued by the respondent ..... further relief claimed in the writ petition is to issue direction to respondent no.3 (union of india) to forthwith constitute a tribunal under section 150 of the merchant shipping act, 1958 and refer the dispute relating to the strike/agitation threatened by respondent nos.1 and 2 as well as the charters of demand submitted by the respondent nos.1 and 2 dated 19th may, 2010 and 28th april, 2010 ..... 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 ..... request to constitute tribunal for adjudication of disputes as contemplated u/s.150 of the merchant shipping act, 1958 and w.p.no. .....

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

Court : Mumbai

Reported in : AIR1983Bom178; (1983)85BOMLR250

..... 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 choice would not, under indian law ..... that case 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 a foreign vessel. mr. ..... 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, thus, according to mr. ..... sub-section (2) provided that the jurisdiction of a colonial court of admiralty would, subject to the provisions of the act, be over 'like places, persons, matters. ..... sub-section (1) provided that every court of law in a british possession for the time being declared in pursuance of that act to be a court of admiralty, or which, if no such declaration was in force in the possession. ..... this is brought home by a passage in willaims & bruce admiralty practice, 1902, at page 44 which reads thus--'it must not however be forgotten that the jurisdiction conferred by the 3rd section of the 3 and 4 vict, c. .....

Hinterland Seamen Union Vs. Union of India (Uoi) and ors.

Court : Kolkata

Reported in : (1993)2CALLT49(HC)

..... 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 ..... '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 ..... discharge the function of a quasi-judicial authority as per the duties of the harbour master as envasaged under section 89 of the merchant shipping act. ..... section 89 of the merchant shipping act, runs as ..... dated 19.12.1989 in exercise of the powers under section 11 of the merchant shipping act. ..... 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 .....

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

Court : Kolkata

Reported in : 2007(3)CHN203

..... in 2004 they were 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. ..... 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 foisted upon them. ..... under the provisions of the merchant shipping act the option once exercised cannot be taken ..... then they were allowed to opt for the service conditions under the merchant shipping act. ..... 72 seamen were allow to exercise their option to be governed by the provisions of merchant shipping act. ..... moreover such requirement was in terms of section 456 of the merchant shipping act and could not be waived under any circumstance ..... so long they do not obtain such certificate, the authorities would engage them in cargo ship as far as practicable and in any event they must be paid retention allowance from the date they were disengaged after the judgment and order dated march 11, 2005 passed in the earlier writ ..... terms of the provisions of the said act of 1958 they were to possess those two certificates. ..... 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 in one calendar year .....

Ocean Marine Mutual Insurance Association Ltd. Vs. M.V. wonfu and Othe ...

Court : Mumbai

Reported in : AIR1998Bom18; 1998(4)ALLMR289; 1998(4)BomCR841

..... 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) ..... 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 ..... pratap contended that the arrest warrant could not have been executed as there was no 'ship' or 'vessel' in existence, and merely because the present respondents had appeared before this court and sought relief of vacating the said order of arrest, it would not confer any jurisdiction to this court to ..... another, it is very clear that 'vessel' or 'ship' must be-capable of being navigated. ..... similarly, the expression 'ship' includes every description of vessel used innavigation not propelled .....

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

Court : Kolkata

..... 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 ..... 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) ..... petitioner was given continuous discharge certificate issued by the directorate of shipping through the shipping master under section 99 of the merchant shipping act, 1958. ..... in terms of section 100 of the merchant shipping act, 1958, it is the duty of the master of every indian ship to enter into an agreement with every seaman whom he engages as a crew from any ..... 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 456 of the merchant shipping act, 1958. ..... the petitioner is a seaman within the meaning of section 2(42) of the merchant shipping act, 1958. ..... that mere availability of an alternative remedy, be it under the industrial dispute act or the merchant shipping act, 1958 cannot by itself close the doors of the writ court. .....