Judgment Search Results Home > Cases Phrase: merchant shipping act 1958 section 399 claims of owners to wreck Page 1 of about 23 results (0.096 seconds)

State Bank of India Vs. the Official Liquidator and Others

Court : Mumbai

Reported in : AIR1995Bom219

..... section 399(1) of the merchant shipping act, 1958 provides as under:'the owner of the wreck in the possession of the receiver upon establishing his claim to the same to the satisfaction of the receiver within one year from the time at which the wreck came into the possession of the receiver shall, upon paying the salvage and other charges, be entitled to have the wreck or theproceeds thereof delivered to ..... is placed on the provisions of section 399 (1) and (3) of the merchant shipping act, 1958. ..... rights in my view have been safeguarded by the provision contained in section 398 of the merchant shipping act, 1958. ..... it is clear that the provision of section 399 which apply to the owner of a ship or a wreck cannot be made applicable to a mortgage. ..... ' sub-section 3 of section 399 provides: 'where the owner of the wreck does not appear and claim the balance of the proceeds of sale within one year from the date of sale, the said balance shall become the property of the ..... may direct that the mortgaged ship or share be sold in execution of the decree'.section 52 provides as under:'a registered mortgage of a ship or share shall not be affected by any act of insolvency committed by the mortgagor after the date of the record of such mortgage, notwithstanding that the mortgagor, at the commencement of his insolvency, had the ship or share in hispossession, order or disposition, or was the reputed owner thereof, and the mortgage shall be preferred to any right, claim or interest therein of the .....

Munna Scrap Traders Vs. Union of India

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 ..... as per provisions contained in section 399 of the act, the owner of any wreck in the possession of the receiver upon establishing his claim to the same to the satisfaction of the receiver within one year from the time at which wreck came into the possession of the receiver, shall upon paying the salvage and other charges, be entitled to have the wreck or the proceeds thereof delivered to him ..... 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 ..... sub-section (55) of section 3 defines, 'vessel' which includes any ship, boat, sailing vessel, or other description of vessel used in ..... part xii of the act refers to investigation and inquiries : a shipping casualty shall be deemed to occur when on or near the coasts of india, any ship is lost, abandoned, shrounded or materially ..... the record, it appears that it is the case of the petitioner and accepted by the respondents that on account of extremely high current, at the time of beaching activity, the ship broke anchor and started drifting southward. .....

Chowgule and Co. Ltd. Vs. Collector of Customs

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (1995)(80)ELT680TriDel

..... 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 ..... this context sections 20 and 405, merchant shipping act, 1958 has been ..... cargo ship safety radio telegraphy certificate dated 29-9-1986 issued under section 301 (a) of the merchant shipping act, 1958. ..... cargo ship safety equipment certificate dated 29-9-1986 issued under section 300(1)(a) of the merchant shipping act, 1958. ..... 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. ..... international load line certificate dated 30-9-1986 issued under sections 316(1) and 318(1) of merchant shipping act, 1958. ..... 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. ..... suo canal tonnage certificate dated 14-10-1986 (k) panama canal tonnage certificate dated 15-10-1986 thus the importers claimed to have obtained all the certificates specified in the merchant shipping act, 1958, which an ocean going vessel should possess. .....

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

Court : Gujarat

Reported in : (1997)2GLR1745

..... 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 ..... of the charterer by demise, subject to the provisions of this convention, but no other ship in the ownership of the registered owner shall be liable to arrest in respect of such maritime claims.the article upon a plain reading says that, in case of a charter by demise of a ship (1) the charterer and not the registered owner would be liable in respect of a maritime claim relating to the ship, and that (ii) the claimant may arrest such ship or any other ship in the ownership of the charterer by demise, and that (iii) no other .....

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 ..... claim of the assessee was not registered as a ship under the merchant shipping act, 1958 ..... in respect of a barge with the drilling rig over it which can be moved from place to place and therefore, cit was not justified in exercising power u/s 263 on the ground that the barge is not a ship and assessees claim for deduction u/s 33ac has been wrongly allowed; question whether the conditions laid down in ss80ia(3) and 80-ia(4) are fulfilled by the assessee are essentially question of fact and the ao having allowed the ..... the assessee claims to be owner of ship/ vessels ..... claim was rejected on the ground that in terms of section 115vd, deep sea matdrills were not qualifying ships ..... of the assessee as well ass (sic) the aos report, i am satisfied that assessees claim is not found to be acceptable for the purpose of section 115vp/115vr of the i.t.act because as per i.t. .....

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

Court : Kolkata

Reported in : 2005(1)CHN369

..... 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 ..... on their behalf;(p) disbursements incurred on behalf of the ship or its owners;(q) insurance premiums (including mutual insurance calls) in respect of the ship, payable by or on behalf of the shipowner or demise charterer;(r) any commissions, brokerages or agency fees payable in respect of the ship by or on behalf of the shipowner or demise charterer;(s) any dispute between co-owners of the ship as to the employment or earnings of the ship;(t) any dispute between co-owners of the ship as to the employment or earnings of the ship;(u) a mortgage or a 'hypotheque' or a charge ..... 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. ..... paragrap1 (d);(e) costs of expenses relating to the raising, removal, recovery, destruction of the rendering harmless of a ship which is sunk, wrecked, standard or abandoned, including anything that is or has been on board such ship, and cost of expenses relating to the presentation of an abandoned ship and maintenance of its crew;(f) any agreement relating to the use of hire of the ship, whether contained in a charter party or otherwise;(g) any agreement relating to the carriage of goods or passengers on .....

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 ..... 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. ..... for all these reasons, claim and contentions of the petitioner supported by respondent 2 are liable to be rejected and petition is required to be allowed partly.order(1) petition is ..... section 115 empowers the central government to prohibit the owner, master or agent of any ship other than an indian ship, if it is found necessary so to do in the national interest or in the interest of seamen .....

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

Court : Delhi

..... 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 respectively ..... in the first place, the five issues formulated in paragraph 17 of communication dated 2nd february, 2011 are not covered within the sweep of section 150 as it cannot be said to be dispute between union of seamen and the owners of the ships relating to any matter connected with or incidental to the employment of the seamen. ..... answering these issues will be nothing short of resolving the dispute between the two rival unions interse and not adjudication of dispute between the union of seamen and the owners of the ships in relation to any matter connected with or incidental to the employment of the seamen as such. ..... this writ petition under article 226 of the constitution of india has been filed by the ship owners' association on the apprehension of impending strike/agitation in some form on the ships, ports, offices and residences of petitioner and its member shipping companies, primarily, on account of the show of strength between the rival unions - respondent nos.1 and 2 on the issue of participating in negotiations with regard to wage agreement. .....

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, ..... with this judicial history in the forefront, it is not difficult to come to the conclusion that the plaintiff suit, because on a mortgage executed by the owners of a seagoing vessel employed and used within the jurisdiction of this court, unmistakable falls within the jurisdiction conferred by clause 48 of letters patent issued under the chapter of 1823, which jurisdiction has ..... 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, ..... sub-section (2) provided that the jurisdiction of a colonial court of admiralty would, subject to the provisions of the act, be over 'like ..... 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 ..... 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)

..... first he argued that the impugned notification has been made under section 11 of the merchant shipping act, 1958. ..... engagement 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 ..... ghosh has drawn the attention of this court to section 132 of the said act where it is provided that under the agreement with the crew any dispute arises at any port in india between the master, owner or agent of a ship and any of the crew of the ship, it shall be submitted to the shipping master,-(a) where the amount in dispute does not exceed three thousand rupees, at the instance of either party to the dispute ;(b) in any other case, if both parties to the dispute .....