Judgment Search Results Home > Cases Phrase: merchant shipping act 1958 section 423 registry of alterations Court: chennai Page 1 of about 1 results (0.072 seconds)

The Commander Coast Guard Region (East), Fort St. George, Chennai-9 an ...

Court : Chennai

Reported in : (2001)1MLJ420

..... the arrest of 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 is executable against any property of the ..... in this view of the matter, as far as the issue is concerned, we hold that the term 'proceeding' would include an application under order 14, rule 8 of the original side rules read with section 125 of the merchant shipping act, 1958 and that the said application can be considered on merits by the court even after the suit ceases to be one in rent, when once at the time of institution of the proceeding there was an order of arrest in force and ..... , the chief officer of the vessel on his behalf and on behalf of the crew of the vessel, filed an application under order 14, rule 8 of original side rules read with section 125 of the merchant shipping act, 1958 application no.633 of 2000 praying the court to direct the advocate receiver to pay the wages to them out of the proceeds of the sale of the vessel.5. .....

Hari And Company Vs. St. Antony's Traders And Anr.

Court : Chennai

..... . the arrest of the vessel while in indian waters by an order of the high court concerned, 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 is executable against any property of ..... rem. couples with the recognition in sections 139 and 148(1) of the merchant shipping act, 1958, to the lien of the seamen and the master of a ship for their wages and the absence of any such reference or recognition to the claim of the supplier of necessaries, it is clear that a claim for supply of necessaries, is neither recognized by custom or usage nor recognized statutorily as constituting a ..... the high court is defined under section 3(15) of merchant shipping act, 1958 ..... . the merchant shipping act, 1958 contains various provisions to enforce territorial ..... the practice and procedure to be followed in admiralty jurisdiction of this court are governed by colonial courts of admiralty act, 1890, colonial courts of admiralty (india) act, 1891, international convention for unification of certain rules relating to maritime liens and mortgages at brussels, 1926, brussels arrest (of seagoing ships) convention, 1952, merchant shipping act, or.42, r.3 of high court original side rules, 1956 ..... . the proceeds of the sale are paid into the registry of the court and they shall be disposed of by the court according to law .....

Ranjit Narayanan and B.S. Teeka Represented by Mr. Yunus J. Shichandle ...

Court : Chennai

..... section 21 of the merchant shipping act, 1958 reads as follows:21. ..... the limits of r1 police station and the jurisdiction of this hon'ble court and therefore for his pending wages, this hon'ble court has competent jurisdiction to try this complaint summarily as per under section 145 of the merchant shipping act 1958.8. ..... in such case, the respondent has sought relief under section 145 of the merchant shipping act, 1958. ..... the contention is that the vessel in question is not registered in india, is not a vessel which is required by the act to be so registered and not a indian vessel as defined in section 21 of the act and as such, the merchant shipping act would not apply thereto. ..... is registered in india; orb any vessel which is required by this act to be so registered; orc any other vessel which is owned wholly by persons to each of whom any of the descriptions specified in the clause(a) or in clause(b) or in clause(c), as the case may be, of section 21 applies,d shall so apply wherever the vessel may be.1 unless otherwise expressly provided, the provisions of this act which apply to vessels other than those referred to in sub-section (1) shall so apply only while any such vessel is within .....

Demyanenko Vs. K.Shajahan

Court : Chennai

..... the priority claim of the crew, it will be useful to refer to the the rights of seamen in respect of wages and the various provisions provisions of the merchant shipping act, 1958, which read as under: ".section 138 ..... . section 16 (1) of the merchant shipping act 1958 provides; ".a seaman's lien, his remedies for the recovery of his wages shall not be capable of being ..... . the merchant shipping act, 1958 has laid down exhaustive provisions ..... section 144 of the merchant shipping act states that the right of the seaman to wages is unfettered and there is no limitation on the entitlement under the merchant shipping ..... it can be safely concluded that section 144 of the merchant shipping act and article 21 of the ..... . section 16(1) of the (english) merchant shipping act, 1970 provides that, a seaman s lien, his remedies for the recovery of his wages shall not be capable of being renounced ..... to refer to certain provisions of the international convention of maritime liens and mortgages, 1993, which read as under: ".preamble: the states parties to this convention, conscious of the need to improve conditions for ship financing and the development of national merchant fleets, recognizing the desirability of international uniformity in the field of maritime liens and mortgages, and therefore convinced of the necessity for an international legal instrument governing maritime liens and mortgages, have ..... : yes/no internet : yes/no note to registry: issue order copy immediately .....

Mayar (Hk) Limited and anr. Vs. Owners and Parties Interested in the V ...

Court : Chennai

Reported in : AIR2003Mad422

..... the merchant shipping act, 1958 contains various provisions to enforce territorial jurisdiction, the act being essentially regulatory in character, the various authorities, tribunals and courts entrusted with the administration and enforcement of its ..... the merchant shipping act empowers the concerned high court to arrest a ship in respect ..... reasons, i am of the opinion that the madras high court have the jurisdiction to arrest the ship and considering the paragraph extracted above which refers to merchant ships moving from one port to another and considering the procedure referred to by the learned judge in johnny two's case 1992 (ii) llr 157 i hold that a ship which had committed the breach of the agreement could be arrested when it entered the territorial waters more ..... the defendants as regards jurisdiction was that no high court in india was invested with admiralty jurisdiction to order the arrest of the vessel in respect of a cause of action relating to outward cargo because section 6 of the admiralty court act, 1861 (read with the colonial courts of admiralty act, 1890) conferring admiralty jurisdiction on indian high courts confined it to 'claims for damage to cargo imported', this contention, for the reasons we have stated, has no merits. ..... court', in relation to a vessel, means the high court within the limits of whose appellate jurisdiction- (a) the port of registry of the vessel is situate; (b) the vessel is for the time being; or (c) the cause of action wholly or in .....

Ms.Maritime Institute Association Vs. the Director General of Shipping ...

Court : Chennai

..... has to regulate, control and certify the competency of various categories of seafaring officers in accordance with sections 78 and 79 of the merchant shipping act, 1958. ..... raised by the petitioner was that the first respondent director general of shipping is a statutory authority functioning under the merchant shipping act, 1958. ..... it was stated that the ministry of shipping, government of india under section 457 of the merchant shipping act, had promulgated the merchant shipping (continuous discharge certificate-cum-seafarers identity document) rules, 2001 to deal with various aspects which arose for the purpose of regulation of the process of granting of continuous ..... section 79 of the merchant shipping act, the central government or any person duly authorized by it can alone appoint persons for the purpose of examining the qualifications of the candidates for the said certificate under section 78 of the said act ..... of the first respondent with respect to collection of fees from the maritime training institutes is specified in the merchant shipping rules, 1998 and 2001. ..... rule 47 of the merchant shipping (standards of tcw) rules, 1998 provides supervision by the dgs with reference to all training and assessment of seafarers ..... dgs order no.2 of 2007 made in supersession of dgs order no.1 of 2003, the requirements and procedures for obtaining approval from the director general of shipping was prescribed for the conduct of pre sea courses for training for service in the merchant navy. .....

Asm Shipping Ltd. Vs. Lyubarets Viktor and ors.

Court : Chennai

Reported in : (2005)ILLJ235Mad

..... this purpose, the learned counsel relies upon section 143 of the merchant shipping act, 1958. ..... was no claim in the suit filed by vsnl coming under the provisions of the merchants shipping act, 1958. ..... submission is that, so long as there is no order of discharge of either the plaintiffs or the other crew members, section 143 of the merchant shipping act (hereinafter referred to as the act) would not be attracted at all.4. ..... since, as on date there is neither pleading nor proof that any of the parties to the suit or the other crew members have been discharged in contravention of section 143 of the act (on the other hand, the pleading is that they continue to be on board), as rightly contended by the learned counsel appearing for the operating agent in india for the vessel there is no cause of action for any person ..... risk of repetition, i would like to state that the claim for compensation provided for under section 143 of the act would arise only when there is a premature discharge and not in any other circumstances. ..... the first case, a master of the ship was before a learned magistrate in kerala under section 145 of the act. ..... or otherwise of the order of discharge, on a plain reading of section 143 of the act, has to be necessarily decided with reference to the terms of the agreement signed by the seamen and definitely not with reference to sections 118, 119, 120 and 125 of the act. ..... none of the statutory provisions namely, sections 118, 119, 120 and 125 of the act have been complied with. .....

Commissioner of Income Tax - Tds Vs. Icl Shipping Ltd.

Court : Chennai

Reported in : [2009]315ITR195(Mad)

..... , is in india for a period or periods amounting in all to sixty days or more in that year.explanation - in the case of an individual,-(a) being a citizen of india, who leaves india in any previous year as a member of the crew of an indian ship as defined in clause (18) of section 3 of the merchant shipping act, 1958 (44 of 1958), or for the purposes of employment outside india, the provisions of sub-clause (c) shall apply in relation to that year as if for the words 'sixty days', occurring therein, the words 'one hundred and eighty-two ..... for that purpose it would be relevant to extract sections 2(30), 2(42) and explanation to section 6, which reads as under:section 2(30): 'non-resident' means a person who is not a 'resident' and for the purposes of sections 92, 93 and 168, includes a person who is not ordinarily resident within the meaning of clause (6) of section 6;section 2(42) 'resident' means a person who is resident in india within the meaning of section 6;section 6: for the purposes of this act,-(1) an individual is said to be resident in india in any previous year, if he-(a) is in india in that year for a period or periods amounting ..... , sections 2(30), 2(42) and 6 of the income tax act, 1961 as well as taken note of the indisputable fact that the crews were on duty outside the territorial waters of india in the ship of a company of indian origin for more than 182 days.4. .....

South India Shipping Corporation Ltd. Vs. Commissioner of Income-tax

Court : Chennai

Reported in : [2001]250ITR624(Mad)

..... learned counsel for the assessee invited our attention to section 6(1)(b) of the act and the explanation (a) thereunder, as amended from april 1, 1990, by which a member of the crew of an indian ship as defined in section 3(18) of the merchant shipping act would be treated as non-resident, if he remains outside india for 182 days. ..... the exclusion of expenditure on employees for the duration of their employment outside india is only intended to prevent hardship to the employer by limiting the deduction claimable by the employer to the ceiling fixed in sections 40a and 40(c) of the act which ceiling is fixed having regard to the economic conditions prevailing in india and what is regarded as reasonable expenditure that an employer could incur in the indian context. ..... that if an employee in the course of his employment with an indian employer works outside india for any period, then, the expenditure incurred on his salary or allowance for such period would be covered by this clause, and section 40a(5)(a) of the act would become inapplicable in respect of such expenditure.4. ..... as the tribunal has found that the expenditure in respect of which the assessee contended that section 40a(5)(b)(i) of the act is applicable is expenditure incurred on the floating staff, the expenditure is required to be excluded from section 40a(5)(a) of the act. .....

Chitrahar Traders Rep. by Its Partner, R. Krishnamurthi and Neyveli Li ...

Court : Chennai

Reported in : (2008)14VST439(Mad)

..... instrument of sale refers to section 42 of the merchant shipping act, 1958. ..... from m/s neyveli lignite corporation limited [for short, 'nlc'] in an auction sale on 'as-is-where- is basis' and 'no complaint basis' was taxable at 12% under entry 20 of part - d of the first schedule to the tamil nadu general sales act, 1959 [for short, 'tngst act'] 1959 together with a surcharge at 5% on tax and for a direction to the commercial tax officer to restore the sales tax recovered over and above 4% pursuant to the order of the first respondent dated 04.7.2005.3. in w.p. no. ..... in the application under section 52 of the said act, made on 19th september 1968, what the respondents have stated is that they have purchased a ship and not that they have purchased iron and steel scrap, although it has been stated that the ship was purchased for breaking and scrapping ..... the relevant portion of section 42 of that act provides that no person shall transfer or acquire any indian ship without the previous approval of the central ..... reference to section 42 of this act in the instrument of sale would suggest that what was purchased was a ship and not ..... 39784 of 2005 challenging that the order made under section 28-a of the tngst act was a non-speaking order and, therefore, the same should be set ..... chitrahar traders made an application under section 28-a of the tngst act to the first respondent commissioner of commercial taxes and sought for a ruling on the rate of tax payable on the scrap purchased by them .....