Judgment Search Results Home > Cases Phrase: merchant shipping act 1958 section 410 no port clearance until licence is produced Page 1 of about 6 results (0.121 seconds)

Chowgule and Co. Ltd. Vs. Collector of Customs

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (1995)(80)ELT680TriDel

..... (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. ..... (f) cargo ship safety radio telegraphy certificate dated 29-9-1986 issued under section 301 (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. ..... broken up shall be chargeable with the duty which would be payable on her if she were imported to be broken-up".thus, it was pleaded that in terms of the above notification, any ocean going vessel which touched any indian port would be eligible for duty exemption under the said notification, except when it was imported solely for breaking up purpose or alternatively, if and when the vessel was subsequently broken up. therefore, they had pleaded ..... court, in the earlier case pertaining to 'maratha transhipper' and triyamvade', the assistant collector examined this issue and went into detail facts of both the cases and in the light of the documents which had been produced in the present case and upheld the appellant's contention ..... 280/31-10-1986 for the clearance of the said vessel. .....

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 ..... 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. ..... giurgeni a foreign flag vessel presently in the port and harbour of kandla (gujarat) can be said to be the sister ship of m.v. ..... the 1st defendant vessel has been arrested and presently is under arrest lying in the port and harbour of kandla within the state of gujarat. ..... , as company duly incorporated under the laws of romania, having their registered office within romania, sailed from the port of marmagoa on 1st february 1997 at about 1535 hrs. ..... , reportedly bound for the port of bedi. ..... , laden with cargo for her destination, port of mangalore. .....

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 ..... in the facts of this case the vessels were consistently registered under section 407 of the merchant shipping act and had a valid certificate which was produced for consideration by the appellate authority who sought remand report. ..... the assessee owns the vessels which were used for the various purposes such as drilling, testing, casing, producing data and preparing all the reports etc. .....

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

Court : Kolkata

Reported in : 2005(1)CHN369

..... 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. ..... over any claim by the owner, or consignee, or assignee of any bill of lading of any goods carried into any port in england or wales in any ship, for damage done to the goods or any part thereof by the negligence, or misconduct of or for any breach of duty or breach of contracts on the part of the owner, master, or crew of the ship, unless it is shown to the satisfaction of the court that at the time of the institution of the cause any ..... (b) neither party hereto, nor any persons claiming under either of them shall bring any action or other legal proceedings against the other of them in respect of any such dispute until such dispute shall first have been hoard and determined by the arbitrator(s) or a board of appeal, as the case may be, in accordance with the arbitration rules and it is expressly agreed and declared that ..... the high court of admiralty shall have jurisdiction over any claim for necessaries supplied to any ship elsewhere than in the port to which the ship belongs, unless it is shown to the satisfaction of the court that at the time of the institution of the cause any owner or part-owner of the ship is domiciled in england or wales: provided always, that if in any such cause the plaintiff do not recover 201, be shall not be entitled to any costs, charges, .....

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 ..... 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 ..... 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. ..... fact that he was engaged in india and he reserved foreign ship and it is to be assumed that he was taken from some indian port to ship of petitioner and respondent 2.10. ..... it was contended by the counsel for the petitioner that section 114 cannot apply to respondent 1 because he was not engaged at any port in india but he was posted in port outside india. ..... the very fact that port of engagement shown as bombay ..... appointment of respondent 1 which is filed at exhibit a to this petition will show that port of engagement of respondent 1 is shown as bombay. .....

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

Court : Delhi

..... 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 ..... 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 ..... 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 ..... to the decision of this court dated 4th april, 2006 in notice of motion no.1034 of 2006 in appeal no.950 of 2005 in writ petition no.1751 of 2000 which was binding on the parties to the said proceedings until it was to be reversed. .....

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

Court : Mumbai

Reported in : AIR1983Bom178; (1983)85BOMLR250

..... 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 ..... to extortions trespasses, injures, complaints, demands, and matter, civil and maritime, whatsoever, between merchants, owners, and properties of ships and vessels, employed or used within the jurisdiction aforesaid, or between others, contracted, done, had, or commenced in, upon or by the high seas or public rivers, or ports, creeks, harbours and places overflow within the ebbing and following of the sea and high-water ..... the accredited minister of the country in which the parties resided, holding that the judicial order passed by the rostock court, which was produced at the trial, directing the master to deliver possession of the ship to a martens, armed the english court with sufficient authority to exercise jurisdiction. ..... meghani emphasised that neither under the 1840 act not the 1861 act, and at no time till 1890, did english court assume jurisdiction and entertain actions involving adjudication of the validity of a mortgage registered in a foreign country unless and until that foreign country, by its duly constituted representative, ..... 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 .....

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. ..... '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 ejusdem generis. ..... (5) all functions of a shipping master, who is incharge of 'shipping office', port blair (declared under the merchant shipping act, 1953). ..... 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 ..... 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 consider necessary. .....

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. ..... these 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 back. ..... even then they were allowed to opt for the service conditions under the merchant shipping act. ..... although 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 proceeding. ..... in terms of the provisions of the said act of 1958 they were to possess those two certificates. ..... the authorities by their memorandum dated february 11, 2004 asked them to produce passenger ship familiarization course certificate as well as watch keeping certificate. .....

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

Court : Mumbai

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

..... learned 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 innavigation ..... 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 ..... finally, when the plaintiffs came to know that the said vessel was lying at port alang, they had approached this court and obtained a warrant of arrest on 3rd april, .....