Judgment Search Results Home > Cases Phrase: merchant shipping act 1958 section 425 closure of registry Page 2 of about 113 results (0.107 seconds)

Syed Mohmmed Jamil Vs. Union of India (Uoi) and ors.

Court : Kolkata

..... then submitted on behalf of respondent/union of india that the writ petition is not maintainable in view of section 145 of the merchant shipping act, 1958 and also for the reasons that the claim as made in the present application is essentially a money claim ..... 2/shipping corporation of india limited, it was submitted that the petitioner is certainly a seaman within the meaning of section 2(42) of the merchant shipping act, 1958 which reads:(42) '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) ..... petitioner was given continuous discharge certificate issued by the directorate of shipping through the shipping master under section 99 of the merchant shipping act, 1958. ..... in terms of section 100 of the merchant shipping act, 1958, it is the duty of the master of every indian ship to enter into an agreement with every seaman whom he engages as a crew from any ..... the petitioner inviting attention of the court to section 121 of the merchant shipping act, 1958 which deals with discharge and leaving behind of seamen by masters of indian ships. ..... section 456 of the merchant shipping act, 1958. ..... the petitioner is a seaman within the meaning of section 2(42) of the merchant shipping act, 1958. ..... that mere availability of an alternative remedy, be it under the industrial dispute act or the merchant shipping act, 1958 cannot by itself close the doors of the writ court. .....

Tucker Vs. Alexandroff

Court : US Supreme Court

..... " section 4596 is largely a reproduction of the section above cited from the merchants' shipping act, and provides that "whenever any seaman who ..... by section 243 of the merchants' shipping act of ..... the new merchants' shipping act. ..... a like case) to deliver up on the high seas, or in any foreign port, under the instructions of their government, deserters from foreign vessels who may without lawful authority be found on board one of the ships of war of the united states," but he distinctly admitted and asserted: "but when a foreign deserter is on shore in great britain (and her majesty's government presume the case would be the same in the united ..... made in writing, stating that the person therein named has deserted from a vessel of any such government, while in any port of the united states, and on proof by the exhibition of the register of the vessel, ship's roll, or other official document, that the person named belonged at the time of desertion, to the crew of such vessel, it shall be the duty of any court, judge, commissioner of any circuit court, ..... 425 (1) that although the cruiser was not a ship when alexandroff arrived at philadelphia, she became such upon being launched; (2) that, under the treaty with russia of 1832, in virtue of which these proceedings were taken, she was a ship of war, as distinguished from a merchant vessel, notwithstanding she had not received her equipment or armament, and was still unfinished; (3) that, under her contract of construction, she was from the .....

Joint Commissioner of Income-tax Vs. Essar Shipping Ltd.

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2006)102ITD71(Mum.)

..... freight income only on completion of loading of the ships; (v) that the two ships purchased by the assessee were in fact owned by the assessee-company and the registration under the merchant shipping act, 1962 is only a consequential and administrative formality; (vi) that the assessee-company had used the ships for the purpose of its business and the assessee was fully justified in claiming depreciation under section 32 of the income-tax act, even though no corresponding income was recorded in its ..... in the case of ships, section 26 of merchant shipping act, 1962 provides that an application for registration of an indian ship shall be made by the person requiring to register his ownership. ..... on page two of the assessment order, the assessing authority himself has stated as follows : though the assessee's contention with reference to acquisition of the above ships before 31-3-1996 may be acceptable, yet the assessee does not become the owner according to the merchant shipping act.therefore, it is evident that there is no dispute on the basic factum that the assessee-company had acquired two ships during the relevant previous year. ..... one of the objections raised by the assessing authority is that the registration under the merchant shipping act, 1972 was not completed by 31-3-1996. .....

Jcit, Sr-27 Vs. Essar Shipping Ltd. (South India

Court : Income Tax Appellate Tribunal ITAT Mumbai

..... in the case of ships, section 26 of merchant ship act, 1962 provides that an application for registration of an indian ship shall be made by the person requiring to register his ownership. ..... year from those two tankers because of the method of income recognition followed by the assessee company inasmuch as it is the practice of the assessee company to recognise and record the freight income only on completion of loading of the ships; (v) that the two ships purchased by the assessee were in fact owned by the assessee company and the registration under the merchant shipping act, 1962 is only a consequential and administrative formality. ..... on page two of the assessment order, the assessing authority himself has stated as follows: though the assessees contention with reference to acquisition of the above ships before 31-03-1996 may be acceptable, yet the assessee does not become the owner according to the merchant shipping act.therefore, it is evident that there is no dispute on the basic factum that the assessee company had acquired two ships during the relevant previous year. ..... one of the objections raised by the assessing authority is that the registration under the merchant shipping act, 1972 was not completed by 31-03-1996. ..... as the ships are movable assets, the ownership gets transferred on issue of instrument of sale and delivery of the assets.the ownership of the ships is not governed by the registration document issued under the merchant shipping act, 1962.16. .....

State Trading Corporation of India Ltd. Vs. Government of Peoples Repu ...

Court : Delhi

Reported in : 63(1996)DLT971; 1997(40)DRJ441

..... 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 ..... territorial jurisdiction may still exercise power to order attachment by detention of a ship under section 443 if it be a 'high court' within the meaning of s.3(15) of the act; (ii)a high court seized of a suit within its competence by reference to pecuniary and territorial jurisdiction, though not a high court within the meaning of section 3(15) of the merchant shipping act, 1958, may independent of the provisions contained in section 443 of the act exercise jurisdiction to direct arrest and detention of a ship if found in indian territorial waters and if it may form an ..... 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 part arises;(15) the merchant shipping act 1958 ( act 44 of 1958) is an act to foster the development and ensure the efficient maintenance of an indian mercantile marine in a manner best suited to serve the national interests and for that purpose to establish a national shipping board and a shipping development fund, to provide for the registration of indian ships and generally to amend and consolidate .....

Hasan HossaIn and ors. Vs. the King.

Court : Kolkata

Reported in : 1949CriLJ567

..... the captain then got the police to make a case under section 103, indian merchant shipping act, before the chief presidency magistrate alleging an offence under 8.103 of the said act, with the result above noted and we may observe that the captain has, by these proceedings, succeeded in his object, the ship having left the port. ..... this rule is against an order of conviction under section 103 (in), indian merchant shipping act. ..... , the merchant shipping act, 1884, equally has no application for punishing indiscipline on a foreign ship.9. ..... had each an agreement with the captain, one of the terms of which is that the seamen will have all rights in accordance with the british merchant shipping act.3. ..... part ii, indian merchant shipping hat, which contains section 103 is applicable as laid down in section 5 of the act. ..... provisions of section 320, merchant ship, ping act. ..... shipping act. ..... under clause 2 (c) of that section the provisions of the part are applicable to british {ships and their crew in matters of discipline in respect of all sea-going ships registered in british india while such ships are in british india. 8. ..... that, the act applies to all bea going ships registered in the united kingdom and to the crew of such ships. ..... applicability of the section is provided in the act by section 260. ..... vest is neither a british ship nor was it registered in british india ..... whilst the ship was in calcutta there was some trouble with these members of the crew and the captain alleges that they refused to .....

Queen-empress Vs. Barton

Court : Kolkata

Reported in : (1889)ILR16Cal238

..... it was argued before us, that, under the provisions of the merchant shipping act, 1854, section 267, the prisoner should have been tried in every respect as if he had been tried at the central criminal court in london, and the cases of queen v. ..... the first of these is the section of the merchant shipping act, 1854, 17 and 18 vic, c. ..... and section 11 of the merchant shipping act, 1867, 30 and 31 vic, c. ..... having thus ascertained the general rule for the trial of offences committed within the jurisdiction of the admiralty, we come next to the particular provisions in the several merchant shipping acts which deal with cases which either do not or may not fall within the ancient jurisdiction of the admiralty.15. ..... the next act is the merchant shipping act, 1855, 18 and 19 vic, c. ..... the last enactment on the subject is contained in the merchant shipping act, 1867, 30 and 31 vic, c. ..... next in order of time comes the merchant shipping act, 1854, 17 and 18 vic, c. ..... the merchant shipping act, 1854, by no means contains the whole of the legislation on the subject, and when the whole of the enactments are considered, i think the matter is free from doubt.4 ..... the next statute on the subject is the merchant shipping amendment act, 1855, 18 and 19 vic, c. 91 ..... 96, and the merchant shipping amendment act, 1855, expressly provide that the court to which the jurisdiction to try the case is given, shall have the same jurisdiction as if the offence had been committed within the limits of its local jurisdiction .....

M.V. Mariner Iv, a Foreign Flag Vessel and Another Vs. Videsh Sanchar ...

Court : Mumbai

Reported in : 1998(2)ALLMR755; 1998(5)BomCR312; 1998(1)MhLj751

..... 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 executable against any property of the ..... learned judge held that the provisions contained in sections 443 and 444 of the merchant shipping act, 1958, cannot be said to be the repository of the powers of arrest of a foreign ship. ..... thereafter in paragraph 79 the apex court has reproduced the text of sections 443 of the merchant shipping act, 1958.'80..... ..... ' after referring to the merchant shipping act, 1958 and indian bills of lading act, 1956 and the indian carriage of goods by sea act, 1925, the supreme court in para 84 of the judgment observed as under ..... so far as the submission of shri venkateshwaran regarding the provisions of the section 443 of the merchant shipping act, is concerned, shri kotwal submitted that the merchant shipping act, cannot be construed as a repository of all the admiralty or other jurisdiction of the ..... he further contended that section 443 of the merchants shipping act, clearly indicates that it is only the offending ship which could be arrested ..... further contended that though the merchants shipping act, was enacted in 1958 i.e. ..... court in filling up the lacuna in merchant shipping act, can override the procedural technicalities. .....

The Commissioner of Income Tax Vs. M/S. Indo Oceanic Shipping Co. Ltd. ...

Court : Mumbai

Reported in : (2001)165CTR(Bom)404; [2001]247ITR247(Bom)

..... 2 of the said circular, the board has clarified that after the amendment made in section 6 of the income tax act , 1961 by the finance act, 1990 with effect from 1.4.1990 an indian citizen who is the member of a crew of an indian ship as defined in section 3(18) of the merchant shipping act. ..... connection, the department has relied upon the provisions of the merchant shipping act and also they have relied upon the international conventions. ..... contended that under the provisions of merchant shipping act as well as international conventions, the nationality of the ship is decided by the flag it ..... that one has to look to the provisions of the income tax act and not to the provisions of the merchant shipping act or international conventions. ..... contended that provisions of the merchant shipping act has no application to the ..... the provisions of the merchant shipping act are essentially invoked in cases ..... the said merchant shipping act is not even a ..... of the merchant shipping act are not in pari materia to the provisions of the income tax act. ..... that scope of the merchant shipping act is quite different from the provisions of income, tax act. ..... of the said argument, learned counsel for the department relied upon the provisions of the merchant shipping act. ..... 28th november, 1990, though in the context of deductions in the hands of employees, specifically lays down that, india, as defined under section 2(25a) of the income tax act, does not extend to indian ships operating beyond the indian territorial waters. .....

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. .....