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Paharpur Cooling Towers Ltd. Vs. the Owners and Parties Interested in ...

Court : Kolkata

Reported in : AIR2001Cal213,(2001)2CALLT445(HC)

..... similarly, law has developed in india also as has been noted in 'elisabeth' while construing section 443 and section 444 of the merchant shipping act, 1958 [hereinafter called msa], while construing the word 'damage' in section 443 of msa, the apex court in 'elisabeth' held as follows: 'the sections are wide in terms and the expression 'damage' js not necessarily confined to physical damage. ..... according to the apex court those principles should supply the lacunae in the merchant shipping act. ..... pleas of contracts, debts, exchanges, policies of assurances, accounts, charter parties agreements, loading of ships, and all matters and contracts, which in any manner whatsoever relate to freight or money due for ships hired and let out, transport-money, maritime usury or bottomry or to extortions, trespasses, injuries, complaints, demands, and matters, civil and maritime, whatsoever, between merchants, owners, and proprietors of ships and vessels, employed or used within the jurisdiction aforesaid, or between others contracted ..... the learned judges again in paragraph 80 of 'elisabeth' have held that in absence of any statue in india comparable to english statues of admiralty jurisdiction, there is no reason why the words 'damage caused by a ship' appearing in section 443 of msa should be narrowly construed to limit them to a physical damage and exclude any other damages. .....

Indian Quarter Master's Union and Ors. Vs. P.R. Dutt and Anr.

Court : Kolkata

Reported in : AIR1951Cal570

..... referring to section 8 and section 6 (3), merchant shipping act 1923, ..... it is alleged in the petition that under provisions of the indian merchant shipping act, the shipping master of the port of calcutta has certain prescribed duties and functions to perform, in respect, of the ..... it is pointed out that as under the indian merchant shipping act it is the liability of the shipowners to meet the expenses of providing the surgical and medical service and medicine for the sick member of their crew who has to be discharged or left behind ..... issued and registered at the port of calcutta under the provisions of the indian merchant shipping act (act xxi [21] of 1923). ..... respondent 2 in showing cause has stated in his affidavit that as the medical examination by doctors appointed by shipping companies proved to be unsatisfactory and complaints and adverse comments were pouring in from foreign countries as to the poor quality and physique of indian seamen the shipowners and the seafarers' ..... further contended that the petitioners are not entitled to the reliefs asked for as the respondents do not purport to act under the sanction of any statute, and reliance is placed on the decision of the judicial committee reported in commissioner ..... claim the right and authority to have the seamen examined medically and to certify their suitability for service as incidental to his powers and duties appended to his statutory office as shipping master, respondent 1 asserts no statutory right and makes no such claim. .....

State Bank of India Vs. Himalaya Shipping Co. Ltd.

Court : Kolkata

Reported in : AIR1985Cal85

..... petition of the master, subhas mohan gangahar, it contended, inter alia, that the master of a ship has the same rights, liens and remedies for recovery of his wages as a seaman under the merchant shipping act, 1958.8. ..... the relevant provisions of the merchant shipping act may be noted : --section 3(42) 'seamen' 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 to 183 (inclusive) ..... account shall be delivered, either to the seaman himself, at or before the time of his leaving the ship, or to the shipping master not less than twenty-four hours before the discharge or payment off.section 132(1) where 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 crew of the ship, it shall be submitted to the shipping master. ..... seaman shall not by any agreement forfeit his lien on the ship or be deprived of any remedy for the recovery of his wages to which, in the absence of the agreement, he would be entitled, and shall not by any agreement -- abandon his right to wages in case of loss of the ship or abandon any right that he may have or obtain in the nature of salvage, and every stipulation in any agreement inconsistent with any provisions of this act shall be void.section 145. ..... section 146 of this act enables the seamen concerned to move a civil court where the ship is under arrest or is sold by the authority of .....

Great Pacific Navigation (Holdings) Corporation Ltd. Vs. M. V. Tongli ...

Court : Mumbai

..... . d'vitre rightly drew our attention to section 71 of the merchant shipping act, 1958 though not applicable to this case directly, if only to draw a logical analogy to ..... liability under the statutory provisions contained in section 503 of the merchant shipping act, 1894 ..... 1 qb 265 4 (4): in the case of any such claim as is mentioned in paragraphs (d) to (q) of sub-section (1) of section 3 of this act, being a claim arising in connection with a ship, where the person who would be liable on the claim in an action in personam was, when the cause of the action arose, the owner or charterer of, or in possession or in control of, the ship, the admiralty jurisdiction of the court may (whether the claim gives rise to a maritime lien on ..... who have right to sell, dispose of or alienate all the shares in the vessel had the beneficial and equitable ownership whether he was the legal owner or not under section 4(4) of the high court (admiralty jurisdiction) act which is a statute in singapore pari materia with section 3(4) of the administration of justice act, 1956 in uk and which runs thus : 1 [1993] 2 slr 698 2 3001 [1979] 1 lloyd's report 329 (singapore court of appeal) 3 [1971] 1 lloyd's report 145 = [1973] ..... . interestingly the signature of nwd on the documents of the company registry being the notification of the change of the company name from lsl to halcyon and showing the appointment of nwd as its director is identical to the signature of the authorized .....

Amerhsip Management (P) Ltd. and 9 ors. Vs. Union of India and ors.

Court : Mumbai

Reported in : 1996(86)ELT15(Bom)

..... sections 3(13), 3(39), 3(45) and 3(55) of the merchant shipping act, 1958 reads as under :- '3. ..... in this context it would be necessary to refer to the provisions of the merchant shipping act, 1958, which make it compulsory for ships to have an international load line certificate. ..... for understanding the meaning of the word 'vessel', we would first refer to the relevant provisions of the merchant shipping act, 1958. ..... the court also negatived the contention that it is not necessary that the vessel must itself carry goods between ports in india and ports outside india by holding that under section 2(21) of the act only that vessel which is actually carrying at a given point of time goods or passengers between a port in india and a port outside india is a foreign-going vessel. ..... whether the petitioners are required to pay the customs duty on the said goods, the main questions which require consideration are : (1) whether the oil rigs are 'vessels' for the purpose of the customs act, 1962 as defined in section 2(21) thereof (2) if yes, whether the petitioners are entitled to get benefit of section 86(2) of the customs act of transferring the 'stores' without payment of customs duty to oil rigs and/or (3) whether the petitioners are entitled to get benefit ..... the port of registry of the said ship is mentioned in the said certificate as limassol. .....

The Board of Trustees for the Port of Calcuta Vs. Swadesh Kumar Khatua ...

Court : Kolkata

Reported in : (2000)3CALLT558(HC)

..... under sectoln 139 of the merchant shipping act 1958 (1958 act for short) read with section 138 of the same act a seaman's right to wages and provisions shall be taken to begin either at the time at which he commences work or at the time specified in the agreement for such commencement of work and a seaman shall not by any agreement forfeit his lien on the ship or be deprived of any remedy for the recovery of his wages nor shall he by any agreement abandon his ..... section 16(1) of the merchant shipping act 1958 provides;'a seaman's lien, his remedies for the recovery of his wages shall notbe capable of being ..... of section 52 of the marchant shipping act, 1958 its claim has prefarence over the claims of all others and that in so far as the cpt is concerned, the lien of cpt as per section 64(1)-(2) of major port trusts act is only for the arrest of the ship under section 64(1) and subsequently for the sale under sub-section (2). ..... the shipping fund committee and the shipping fund were both abolished and sections 14, 15 and 16 of 1958 act were ..... section 146 of 1958 act provides that a proceeding for the recovery of wages due to a seaman shall not be instituted by or on his behalf in any civil court except when one of the following three conditions exists or is fulfilled :--(a) the owner of the ship has been declared insolvent; (b) the ship is under arrest or sold by the authority of any court; (c) a judicial magistrate of the first class or a metropolitan magistrate refers such a claim .....

M/S. Cna Peejay Exports Pvt. Ltd. Vs. M.V. Nikolay Maksinov and Others

Court : Mumbai

Reported in : AIR1993Bom286; 1994(3)BomCR273; 1993(1)MhLj463

..... the supreme court also referred to the provisions of the merchant shipping act, 1958 and with reference to section 443, observed that the high court has jurisdiction to arrest the ship. ..... 443 of the merchant shipping act, 1958. ..... the learned judge held that the expensive jurisdiction that the high courts enjoyed in relation to admiralty under 1890 act preserved under article 225 provided justification for direction to arrest the ship, for the tortious act done by master or owner of the ship is established and this jurisdiction can be exercised even if there was no specific provision like section 6 of 1861 act. ..... the learned single judge held that the admiralty court can exercise jurisdiction under section 6 provided there is breach of contract on the part of the owner, master or crew of the ship, and the expression 'of the ship' means the ship which carries the consignment of the plaintiffs in india. ..... and which were madeapplicable to india by the colonial courts ofadmiralty act, 1890 read with colonialcourts of admiralty (india) act, 1891 read as follows':'the high court of admiralty shall have jurisdiction 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 .....

Snp Shipping Services Pvt. Ltd. and Others Vs. World Tanker Carrier Co ...

Court : Mumbai

Reported in : AIR2000Bom34; 2000(1)BomCR511; (2000)1BOMLR56; 2000(2)MhLj570

..... supply complement of competent and licenced crew on board the vessels under their management who are duly licenced and certified under the provisions of the indian merchant shipping act, 1958. ..... is placed on section 2(2) of the merchant shipping act for this purpose ..... the right to set up a limitation fund is a right which is common to all persons coming within the category of 'owner' under section 352-f and a common limitation fund has to be set up, an act of management only by one of the 'owners' when all the other owners are outside the jurisdiction of the bombay high court and all their acts are outside the jurisdiction of the bombay high court, will not be sufficient to confer jurisdiction. ..... of the owners of ya mawlaya when the persons/companies to whom the vessel belongs are domiciled outside india and out of the entire body of persons/companies falling within the term 'owner' under section 352-f, only one manager is an indian company, and the vessel is registered in a foreign country. ..... 1999 for striking out the plaint as being unnecessary, scandalous, frivolous and vexatious and also being an abuse of the process of court under order 6, rule 16 read with section 151 of the code of civil procedure and article 215 of the constitution of india. ..... be struck out as being unnecessary, scandalous frivolous and vexatious and also being an abuse of the process of the court under order 6, rule 16 read with section 151 of code of civil procedure and article 215 of the constitution of india. .....

Owners and Parties Interested in the Vessel M.V. dong Do and anr. Vs. ...

Court : Kolkata

Reported in : (2000)1CALLT367(HC)

..... or damaged, whether by physical contact or otherwise, by reason of unauthorised acts or negligent conduct on the part of the ship-owner or his agents or servants, wherever the cause of action has arisen, or wherever the ship is registered, or wherever the owner has his residence or domicile or place of business, such a ship, at the request of the person aggrieved, is liable to be detained when found within indian jurisdiction by recourse to sections 443 and 444 of themaerchant shipping act, 1958 read with the appropriate rules of practice and procedure ..... in the evpo agnic' reported in 1988(2) 411 lloyds law reports, it was held :--'thus, although prima facie the 'skipper 1' and 'evpc agnic' are owned by separate one ship-owning companies, it becomes clear on lifting the veil of incorporation that the shareholders in each of these companies are the same and their president/director and vice president/director are also the same.in the ..... that the high court can exercise such jurisdiction, the apex court held :--'in the absence of any statute in india comparable to the english statutes on admiralty jurisdiction, there is no reason why the words 'damage caused by a ship' appearing in section 443 of the merchant shipping act. .....

Commander K.P. Shashidharan Vs. Union of India (Uoi) and ors.

Court : Kerala

Reported in : AIR2002Ker388

..... the government had not adverted to section 402 of the merchants shipping act, 1958 which provides for payment of salvage for saving life, cargo or wreck ..... had it been considered, necessarily, the petitioner could have resorted to the remedies available to him in section 402 of the merchants' shipping act. ..... but the salvage is denied to the petitioner on the ground that it was his bounden duty under section 14 of the coast guard act to render assistance to the ship in distress. ..... is again a noted fact by the government of india that 'the coast guard ship vajra had rescued the crew and stood by to provide assistance'. ..... it is an admitted fact that the petitioner is the commander of a ship and the crew had saved the life and property of m.c. ..... , he will also be entitled to salvage as provided in section 3(40) of the act, the petitioner submits. ..... and direct the government to consider the matter afresh taking note of the provisions contained in section 402 as above, original petition is allowed. ..... over and above, the provisions in section 402 entitles him to get salvage ..... at the sea, necessarily, it cannot be taken that, they shall be denied of the salvage merely because it was their duty cast under section 14 of the coast guard act. ..... was no consideration of entitlement to raise a dispute to be adjudicated under sub-section (4) of section 402. ..... commander of coast guard is also treated as a 'salvor' in terms of sub-section (3) of section 402. ..... that 'the central government has noticed that the ship m.c. .....