Judgment Search Results Home > Cases Phrase: merchant shipping act 1958 section 425 closure of registry Court: andhra pradesh Page 1 of about 4 results (0.073 seconds)

Union Carbide India Ltd. Vs. Industrial Tribunal and anr.

Court : Andhra Pradesh

Reported in : (1978)ILLJ526AP

..... it owns two fishing trawlers weighing 149 tons each, which are registered under the merchant shipping act, 1958 (referred to in the judgment as the act). ..... the expression 'seamen' is defined in section 3(42) of the act in the following terms:'seaman' means every person except a master pilot or apprentice employed engaged as a member of the crew of a ship under this act, but in relation to sections 178 - 183 (inclusive) includes a matter.the contention of the appellant is that the workmen concerned are seamen within the meaning of section 3(42) of the act as they are persons employed or engaged as members of the crew of the ship under the act. ..... a perusal of the several provisions of the act, however, makes it clear that the act applies not only to members of crew of ships over two hundred tons but all other ships as well under section 22 of the act every indian ship which exceeds fifteen tons and is not employed solely in navigation on the coasts of india shall be registered under the act. ..... expressed by the central government on a question of law which has to be decided on a proper interpretation of the relevant provisions, sri srinivasamurthy has now produced a letter addressed by the government of india to the appellants in which the director general of shipping has stated that the crew of fishing trawlers registered under the merchant shipping act would come within the definition of 'seamen' under section 3(42) of the act. .....

Bay Shipping Company Pvt. Ltd., Visakhapatnam Vs. Board of Trustees, V ...

Court : Andhra Pradesh

Reported in : 1999(2)ALD198; 1999(2)ALT341

..... therefore, the sale being in contravention of section 426 of merchant shipping act, is illegal and void. ..... at any rate, directing the delivery of the vessels to the 3rd respondent was violative of section 139 of merchant shipping act. ..... the sale also was illegal, as the 1st respondent failed to take thepermission of the registrar of indian ships as per the provisions of merchant shipping act, 1953. ..... port trust authorities further stated that as on 31-3-1996 the total amount due was 4,05,000/-along with the interest at 18.5 per cent per annum and as such they have exercised the power under section 123 of the major port trust act for realising the outstanding dues and those two trawlers were auctioned after due notices on 28-12-1994, 24-3-1995, 24-4-1995, 8-5-1995, 26-5-1995, 6-9-1995 and 15-11-1995 and by giving fill! ..... the impugned sale by tender is also in contravention of section 64 of the major port trust act, 1963, since in the instant case there has been no refusal or neglect to pay dues to the 1st respondent ..... 1 exercised the right provided under section 123 of the major port trust act and consequently seized the two trawlers for the purpose of selling them in public auction after expiry of 5 days from the date of receipt of ..... subordinate judge, before whom the matter was pending was raising an objection as to the maintainability of the suit, on the ground that the suit was filed without issuing the statutory notice as contemplated under section 120 of the major port trust act. .....

Central Govt. Rep. by Its Secretary Ministry of Shipping and Transport ...

Court : Andhra Pradesh

Reported in : 1997(1)ALT288

..... respondent filed a writ petition seeking a direction to the central government to constitute a tribunal under section 150(1) of the merchant shipping act, 1958 (in short 'the act') and refer the dispute between the seamen and the employer to the tribunal so constituted. ..... /1981 directed to constitute a tribunal under section 150 of the merchant shipping act (in short 'the act'). ..... /1981, the learned single judge directed for constitution of a tribunal under section 150(1) of the merchant shipping act. ..... to consider the argument of the learned counsel for the appellant, it is necessary to refer to section 435-v which reads as follows:application to indian fishing boats of other provisions relating to ships:'the central government may, by notification in the gazette, direct that any provisions of this act other than those contained in this part which do not expressly apply to indian fishing boats shall also apply to indian fishing boats subject to such conditions, exceptions and modifications as may be ..... reads as follows:'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) includes a master. ..... 'section 3(45) of the act defines a ship and it reads as follows: 'ship' does not include a sailing vessel ..... 'a vessel is defined under section 3(55) and it reads:section 3(55): ''vessel' includes any ship, boat, sailing vessel or other description of the vessel used in .....

Model Financial Corporation, a Company Incorporated Under the Provisio ...

Court : Andhra Pradesh

Reported in : III(2008)BC526

..... , money or security given by or under the indian contract act, 1872 (9 of 1872) or the sale of goods act, 1930 (3 of 1930) or any other law for the time being in force;(b) a pledge of movables within the meaning of section 172 of the indian contract act, 1872 (9 of 1872);(c) creation of any security in any aircraft as defined in clause (1) of section 2 of the aircraft act, 1934 (24 of 1934);(d) creation of security interest in any vessel as defined in clause (55) of section 3 of the merchant shipping act, 1958 (44 of 1958);(e) any conditional sale, hire-purchase or lease or any other ..... contract in which no security interest has been created;(f) any rights of unpaid seller under section 47 of the sale of goods act, 1930 (3 of 1930);(g) any properties not liable to attachment or sale under the first proviso to sub-section (1) of section 60 of the code of civil procedure, 1908 (5 of 1908 .....

Dredging Corporation of India Ltd. and anr. Vs. Janapareddy Murali Kri ...

Court : Andhra Pradesh

Reported in : 2007(6)ALT215

..... the complainant signed the articles of agreement on 12-12-1998 as per section 16 of the merchant shipping act, 1958 (for short 'the act') as a seaman and the same was approved by the director general of shipping, mumbai. ..... being aggrieved by the same, the accused preferred the present revision petition contending that section 145 of the act is not applicable in respect of the complainant as he is not a seaman and he is only the monthly paid worker, whose remedy is only to file a suit in a civil court for recovery of the wages due to him.4 ..... the learned counsel for the revision petitioners further submitted that for the wages, if any, due to a monthly paid worker, he is entitled to file a suit before the appropriate court under section 146 of the act for recovery of the same, but not by way of filing complaint under section 145 of the act.8. ..... he was signed off from the ship on 22-06-1999 by paying the wages till that date and he was instructed to report to the second ..... going through the entire record, i am convinced that the respondent herein was never recognized as a seaman, therefore, he is not entitled to maintain the complaint under section 145 of the act. ..... apprentice or a person duly authorized on his behalf has to file the complaint before the magistrate and no other person is eligible to file the complaint and the said persons are entitled to file a civil suit under section 146 of the act.7. ..... after closure of the evidence, the accused were examined under section 313 of cr.p.c .....

Mohammed Gulam Mustafa Vs. Mohammed Abdul Jabbar

Court : Andhra Pradesh

Reported in : 2006(1)ALT423

..... the merchant shipping act in england has used the expression 'wilful default of the person in charge ..... . thus it is clear from the own documentary evidence of the petitioner that he failed to follow the mandatory procedure laid down under section 8(4) of the rent control act.in the light of ex.b-15 subsequent to the dismissal on 14-9-1993, no proceeding at the instance of the tenant was pending and hence the question of further depositing rents by the tenant under the rules would not ..... . it is not necessary to establish that the plaintiff is the only owner of the property for the purpose of section 13(1)(f) as long as he is a co-owner of the property being at the same time the acknowledged landlord of the ..... . in order to seek eviction of a tenant from non-residential premises under section 10(3)(iii) it is the duty of the landlord to prove that he is not in possessing any other non-residential premises in the ..... order to constitute wilful default, there must be a decree of culpability associated with the omission'.further reliance was placed on the decision referred (3) supra to substantiate the contention that the non-observance of the procedure under section 8 of the act does not amount to wilful default. ..... both these revisions filed under section 22 of the act can be disposed of by a common order in view of the fact that these revisions are preferred as against the same order, the tenant aggrieved of the order of eviction being confirmed by the appellate authority and the .....

Shankerlal Gupta Vs. V. Jagadishwar Rao

Court : Andhra Pradesh

Reported in : AIR1980AP181

..... (supra) for the unilateral acts of the plaintiff in overloading the ship contrary to the merchant shipping act, 1932, the master was prosecuted and fined for the offence, and when the defendants tried to avoid the payment of freight due, on that ground, they were not allowed to do so ..... vacancy of any accommodation is required to be reported and is not reported, or where an order requiring any accommodation to be let or not to be let has been duly passed under sub-section (2) of section 7 and the district magistrate believes or has reason to believe that any person has in contravention of the said order occupied the accommodation or any part thereof, he may call upon the person in ..... and submits that the aforesaid decisions and also the observations of the supreme court in muralidhar's case (supra) make it abundantly clear that though the contract is contrary to the provisions of section 3 of the rent control act, still it is binding on the parties to it and, therefore, the decision in eswaraiah's case (supra) is no longer a good law, and its authority is therefore shaken. 12 ..... therefore, it is quite manifest from the conclusion that the entire decision was with reference to section 3 of the rent control act in the light of section 23 of the contract act, and we have no hesitation in holding that the judgment in eswaraiah's case is not an obiter dictum as contended by the learned counsel ..... in the year 1958, he suffered a loss and sold away the mill to the appellant; and the previous .....

Repaka Seetharamaswamy and Another Vs. Commissioner of Income-tax, Hyd ...

Court : Andhra Pradesh

Reported in : [1961]42ITR829(AP)

..... relied on by the learned advocate for the assessee is in glynoeron, wherein it was held :'that the salvors were entitled to salvage, as they had reasonable cause for their failure, if there was any failure, to comply with section 518 of the merchant shipping act, 1894, in not delivering the wreck to the receiver of the district. ..... all the same, we are dealing below with the arguments advanced by the learned advocate for the assessee to the effect that the assessees failure to comply with the notice under section 22(4) of the income-tax act was not without 'reasonable cause' and that that phrase is distinct from the phrase 'sufficient cause'.in strouds judicial dictionary it is stated as follows :'the word reasonable has in law the prima facie meaning of reasonable in ..... .it is the common case of both sides that the evidence on which the income-tax officer had to pass earlier orders in the proceedings under section 27 was absolutely identical with the evidence on which he had to pass the latter orders under section 28(1)(b) and the corresponding section of the excess profits tax act and that the evidence included the oral evidence of the two witnesses.for more complying with the terms of the statutory notices .....

M/S Atlantic Inter-trade Limited with Re Vs. Canara Bank, Industrial F ...

Court : Andhra Pradesh

..... a cargo claim which lennards sought to defend by contending that section 502 of the merchant shipping act 2894 exonerated the owner from losses arising without his actual fault. ..... jurisdiction of the division bench of the delhi high court to entertain an appeal from an order of a single judge of the high court granting an injunction under section 41 of the arbitration act, need not detain us when we are examining the order of the learned single judge under article 136 of the constitution of india, an appeal from that order ..... is clear from the above observations of this court in the said case, though a writ was not issued on the facts of that case, this court has held that on a given set of facts if a state acts in an arbitrary manner even in a matter of contract, an aggrieved party can approach the court by way of writ under article 226 of the constitution and the court depending on facts of the said case is empowered ..... it is one thing to say that the public sector banks having regard to the provisions of the banking companies (acquisition and transfer of undertakings) act, 1970 should discharge their functions keeping in mind the larger public interest but ordinarily in the matter of enforcement of contract, they are to be governed by the terms thereof, which would not be ..... reserve bank of india in exercise of their statutory powers conferred upon them under section 35a of the banking regulation act could issue directions for initiating an enquiry into the affairs of the banks. ..... 1958 .....

Vasantham Marine Fisheries Vs. Oriental Insurance Co. Ltd.

Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

..... fvsm 280 and it was duly registered at the port of visakhapatnam on 24.5.2001 under merchant shipping act, 1958 and the said trawler is insured with the opposite party for rs. ..... this boat was registered at visakhapatnam port under merchant shipping act, 1958 on 24.5.2001. ..... in our opinion normal seepage can be controlled by means of pumps in the boat as seepage from stem tube is a common phenomena in the boat as it acts as lubrication to the tail shaft in the stem tube while rotating. ..... as per the provisions of marine insurance act, in case of marine policies there would be an implied warranty which mandates the vessel should be seaworthy before undertaking a voyage and that the vessel in question was not at all in a seaworthy condition before taking the third ..... marine insurance act mandates the insured to disclose all material aspects and suppression of material facts would vitiate the very policy itself and hence there is no deficiency in service and prayed for dismissal of the complaint with costs. 6. .....