Judgment Search Results Home > Cases Phrase: merchant shipping act 1958 section 422 cancellation re issue etc of certificate of inspection Page 1 of about 8 results (0.113 seconds)

Chowgule and Co. Ltd. Vs. Collector of Customs

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (1995)(80)ELT680TriDel

..... (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. ..... (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. ..... the customs department accepted the import licence and cancelled the itc bond executed by the importers at the time of importation in oct. ..... ) yachts and other sailing vessels; cable ships, ice breakers, floating factories of all kinds (for processing whales preserving fish, etc. ..... ); whale catchers, trawlers and other fishing vessels, lifeboats, scientific research vessels, whether ships, vessels for the transportation and mooring of buoys pilot beats, hopper-barges for the disposal of dredged material, etc. ..... ) tankers (petrol, wine, etc. ..... vessels specified for the transport of particular goods (grain, coal, ores, etc. ..... , dated 1-11-1982 will include the following : (a) liners; cargo-vessels for various kinds including refrigerator vessels for the transport of meat, fruit etc. ..... etc. .....

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

Court : Gujarat

Reported in : (1997)2GLR1745

..... mukerjee for the plaintiff on the other hand has contended that sections 443 and 444 of the merchant shipping act, 1958 are not the repository of admiralty jurisdiction, that historically damage done by a ship was and is, as an issue, part of the admiralty jurisdiction, but when included in the statute, under the admiralty court act, 1961 damages have been made available to all persons against all ships, that the supreme court in case of m.v. ..... 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. .....

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 ..... while ships used for drilling, dredging etc are moved from one place to another without being dismantled or without the help of crane. ..... thereafter, the tribunal concluded as follows: this clearly show that ships used for drilling, dredging etc are not offshore installations otherwise deletion of dredgers was not required. ..... the tribunal was thus alive to the fact that the ship was initially designed for the purpose of drilling and that it moves from one place to another and in fact consists of equipments, boats, life saving devices, its quarters having accommodation of 74 person, canteen, recreation facilities etc. ..... 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

..... 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. ..... the appellant has preferred another appeal in respect of the same impugned order, regarding the admiralty suit issues, where there are two respondents, the first being the plaintiff in the admiralty suit, and the second one being one atlantis maritime which has claimed to be the owner and party interested in the ..... liberty raises a question on somewhat of a side issue alleging that the type of rice supplied by itc is not exactly the type of rice which lmj had agreed to supply.13. .....

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

..... petition seeking further 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 ..... 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 ..... ships/vessels, ports, offices and residents all over india, container terminals, warehouses, etc. ..... been claimed against respondent nos.1 and 2 to cease and desist from instigating and/or continuing with its strike and stoppage of work in connection with the members of petitioner ships in all ports or to cause any damage/destruction/agitation to the members of the petitioner's ships/vessels, ports, offices all over india, container terminals, warehouses, etc. ..... and also from holding dharnas, staging demonstrations, making threats to the petitioner, members of the petitioner, its officers, employees, servants, agents, etc. .....

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 ..... 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 been continued down the years to the present day.16. ..... 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 places, ..... 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 ..... 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)

..... first he 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 consider necessary. ..... '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. ..... a-36019/ 1/89-ma dated 18th december, 1989 issued by the under secretary, surface transport, shipping wing, government of india besides other consequential reliefs on the ground that the respondent authorities have acted mala fide in appointing the director of shipping services, port blair as the shipping master by the aforesaid notification dated 18th december, 1989. ..... (3) piloting, berthing, mooring-unmooring or all ships and allotment of berths to ships, etc. ..... court to paragraph 14 of the said decision as to the expression that 'any other rules or regulation' should be read ejusdem generis, with the expressions 'fundamental and supplementary rules, civil services, control, classification and appeal rules' etc.5. .....

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. ..... in terms of the provisions of the said act of 1958 they were to possess those two certificates. ..... 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 ..... 156 of 2005, wherein the petitioners re-agitated the issue and prayed for a writ of certiorari for quashing of those notices by which the authorities demanded those two certificates.5. .....

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

Court : Mumbai

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

..... 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 ..... 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 ..... 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 ..... 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 ..... on behalf of the respondentsconceded that even on the date when the arrest order was issued, the said vessel -'wonfu was not capable of navigation. ..... was covered by an insurance with the plaintiffs-company to avail of the cover of protection, indemnity, freight, demurrage etc. .....