Judgment Search Results Home > Cases Phrase: merchant shipping act 1958 section 425 closure of registry Page 6 of about 113 results (0.201 seconds)

National Insurance Co. Ltd. Vs. Asha Lata Rout and ors.

Court : Orissa

Reported in : II(2001)ACC646

..... by it to a place to which they wished to go, but who were being so carried by the captain's invitation without the knowledge of the owners were held not to be 'passengers' within the merchant shipping act, 1854 (clause 194), sections 354, 379. ..... merchant shipping act ..... the requirements of this chapter, a policy of insurance must be a policy which-xxx xxx xxx xxx xxx xxx(b) insures the person or classes of persons specified in the policy to the extent specified in sub-section (2)-xxx xxx xxx xxx xxx xxx(ii) against the death of or bodily injury to any passenger of a public service vehicle caused by or arising out of the use of the vehicle in a public place:provided that ..... on board ship or in a ferry or passage boat, latter applied also to travellers by coach, and by railway, tramway, or the like; now always with the implication of a public conveyance entered by fare or contract.according to law lexicon by venkataramaiya, the word 'passenger' used in various sections of the act means a person who is a ticket holder is regarded as 'passenger ..... the new act, proviso (ii) to section 95(1)(b) of the old act on which the ..... note of section 95(1)(b)(ii), proviso (ii) and section 95(2)(b)(ii) of the old act. ..... vehicle are treated as passengers, the limit of liability of the insurance company has to be located in clause (ii) of section 95(2)(b) of the old act. ..... a public service vehicle, should be covered by the policy of insurance, which requirement is mandatory under section 95(1)(b)(ii) of the act. .....

Union of India, Secretary to the Ministry of Defence, New Delhi and Ot ...

Court : Kerala

..... has been defined in this part of the merchant shipping act, 1958, in section 390 to include the coasts of wrecks and ..... aspect in ext.p17, the government had not adverted to section 402 of the merchants' shipping act, 1958 which provides for payment of salvage for saving life, cargo ..... contends that the writ petitioner was not entitled for any salvage money since the rescue operation was not conducted within the territorial waters of india and section 402 of the merchant shipping act, 1958 is not applicable to the facts of the present case. ..... whether under section 402 of the merchant shipping act, 1958, the petitioner was entitled for payment ..... salvage amount is based on section 402 of the merchant shipping act, 1958. ..... 1999 which was decided on 1.7.2002 by this court quashing the order of government of india dated 3.8.1999 and directing the government to consider the matter afresh taking note of the provisions contained in section 402 of the merchant shipping act, 1958. 8. ..... the petitioner could have resorted to the remedies available to him in section 402 of the merchants' shipping act. ..... to reject this contention what is necessary is only quote read subsection 1 and 3 of section 402 of the marine ship act together, which reads thus: sub section 1:- (a) wholly or in part within the territorial waters of india in saving life from any vessel, or elsewhere in saving life from a vessel registered in india, or (b) in assisting a vessel or saving the cargo or equipment or a vessel which is .....

M.V. sea Success I Vs. Liverpool and London Steamship Protection and I ...

Court : Mumbai

Reported in : 2002(2)BomCR537

..... the indian merchant shipping act, 1958 (particularly section 352n), the inland vessels act which requires a compulsory third party risk insurance cover and the most standard format of charter-parties having printed clause making it mandatory for a vessel to have a valid protection and indemnity cover to buttress his argument that protection & indemnity club cover/marine insurance is necessary within the meaning of section 5 of the act of 1861. mr. ..... section 25(a) of the indian merchant shipping act, 1958 provides that property in a ship shall be divided into ten shares. ..... the indian merchant shipping act, 1958 makes the insurance compulsory under section 352-n. ..... (d) appointing lawyers, participating in the proceedings in various courts, such as enquiries and investigations under the provisions of merchant shipping act, 1958, supervising all that is required to be supervised in the process of ships voyage and/or her employment in a particular port in any matter touching therewith and(e) rendering services to the complement on board viz. ..... ; and(c) so far as they relate to mortgages and charges, to all mortgages or charges, whether registered or not and whether legal or equitable, including mortgages and charges created under foreign law;provided that nothing in this sub-section shall be construed as extending the cases in which money or property is recoverable under any of the provisions of the merchant shipping acts, 1894 to 1979. .....

Ashok Khetrapal Vs. Cc Jamnagar

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Ahmedabad

..... there is thus force in the argument of the importer that when the appropriate authorities under section 3(38) of the merchant shipping act 1958, by issuing required certificates, have opined pog to be a passenger ship or special trade passenger ship then there is no ground for the adjudicating authority to hold that pog is not a passenger ship designed to carry passengers when no contrary opinion of another competent authority is brought on record saying that pog is a vessel for pleasure or sport. 5.6. ..... that classification of pog was correctly made under cth 8901 as the same is a category of passenger ship, (special trade passenger ship, according to section 3(24), (25), (47b) and (47c) of the merchant shipping act 1958 and as per the registration certificates issued by the competent authorities in india, and cannot be classified under 8903 because vessels for pleasure or sports under 8903 are the vessels for pleasure or sport for the ..... the words passenger and passenger ship special trade passenger and special trade passenger ship have been defined under section 3(24) and 3(25), 3(47b) and 3(47c) of the merchant shipping act 1958 as follows:- 3. ..... various certificates issued by the competent authorities in favour of pog, as per section 3(38) of the merchant shipping act 1958, also convey that pog is a passenger ship. .....

T and J Brocklebank Ltd. Vs. Noor Ahmode

Court : Mumbai

Reported in : (1941)43BOMLR450

..... but that could not have been done unless the terms of section 36 of the merchant shipping act, 1906, were satisfied, that is that a certificate of the proper authority, who was, under section 49, in this case, the british consular officer, had been obtained, stating the cause of the seaman being left behind, as, for instance, unfitness or inability to proceed to sea. ..... a similar provision is now contained in section 200 of the merchant shipping act, 1894. ..... section 34 of the merchant shipping act, 1906, requires that all expenses of medical attendance and all expenses of medicines on the voyage are to be defrayed by the shipowner. ..... the duty of attending to complaints in cases of sickness, and the master of the vessel, who, by the very nature of things, exercised the functions of the owners of the ship when on high seas, for the purpose of looking after the health and safety of the crew employed on the ship, were careless and negligent in the matter of taking reasonable and proper care of the plaintiff in his illness, which within the period of time from september ..... again, section 458 puts on a shipowner an obligation which is to be deemed to be part of the agreement with the seamen that he should use all reasonable means to ensure that the ship is seaworthy when the voyage commences and to keep her seaworthy during the voyage. ..... thus section 209 provides that a foreign-going ship is to carry a fully qualified medical practitioner if she has on board one hundred persons or upwards. .....

Barras Vs. Aberdeen Steam Trawling and Fishing Co.

Court : House of Lords

..... the case of the olympic decided, in reference to the words "wreck or loss" which occur in section 158 of the merchant shipping act, 1894, that the word "wreck" meant something different from and less than "loss," and that in that section the wreck of the ship meant anything happening to the ship which rendered her incapable of carrying out the maritime adventure in respect of which the seaman's contract had been made. ..... to give effect to certain draft conventions of the international labour conference, provided, section 1 (1), that, "where by reason of the wreck or loss of a ship on which a seaman is employed his service terminates before the date contemplated in the agreement, he shall, notwithstanding anything in section one hundred and fifty-eight of the merchant shipping act, 1894, but subject to the provisions of this section, be entitled, in respect of each day on which he is in fact unemployed during a period of two months from the date of the termination of ..... "where by reason of the wreck or loss of a ship on which a seaman is employed his service terminates before the date contemplated in the agreement, he shall, notwithstanding anything in section one hundred and fifty-eight of the merchant shipping act, 1894, but subject to the provisions of this section, be entitled, in respect of each day on which he is in fact unemployed during a period of two months from the date of the termination of the service, to receive wages at the rate to which he was entitled at that date .....

CaptaIn D'Souza Vs. Pashupati Nath Sarkar

Court : Kolkata

Reported in : 1968CriLJ405

..... and section 214(e) of the merchant shipping act 1958 read with section 436 of that act, it is the propriety of this order of the learned magistrate that is challenged in ..... even if therefore an offence under section 304a, indian penal code, cannot be said to have been constituted by the allegations on record and even if the process issued under that section be quashed, the petitioner will remain liable to be tried for an alleged offence under section 214(e)/43g of the merchant shipping act, and while under trial for that offence, a charge under section 109 read with section 436 of the merchant shipping act, can be framed against him, if sufficient material in that regard ..... the opposite party referred to section 190 of the merchant shipping act which according to him casts a duty on the master of a ship to do any lawful act proper and requisite to be done by him for preserving any person belonging to or on board the ship from danger to life. ..... in my view the petitioner may be liable to be tried on a charge under section 109/43g of the merchant shipping act, on the allegations made in the petition of complaint provided evidence in the case discloses the commission of that ..... if the process is under section 304a, indian penal code, the magistrate may very well frame a charge under section 109 of the merchant shipping act, read with section 436 thereof if the evidence discloses earth an offence and this irrespective of whether an offence for which the process was issued is prima facie .....

Vipul Shipyard Vs. Collector of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (1985)(19)ELT122TriDel

..... secondly, according to part v of the merchant shipping act, 1958, every sea going ship fitted with mechanical means of propulsion was required to be registered under section 406 of the act, unless such a ship did not exceed 15 tonnes net.10. ..... 496/70 decided on 30-6-79, by the collector of central excise (appeals).section 3(41) of the merchant shipping act, 1958 defined "sea-going in relation to a vessel" means "a vessel proceeding to sea beyond inland waters or beyond waters declared to be smooth or partially smooth waters ..... "sea-going", as appearing in section 20 of the merchant shipping act, covers ships which are capable of travelling on the ocean ..... even assuming that registration with the merchantile marine department was required, we find that the concerned authorities had granted the registration under section 406 of the merchant shipping act for a single journey. ..... of course section 406 contemplates a general licence also.but the absence of a general licence, as in this case, will not dis-entitle the appellants to the exemption because the notification does not prescribe securing a general licence under the merchant shipping act. ..... even if it is for a single trip, a certificate has been given under section 406(2) (o) of the merchant shipping act. ..... the vessels, in question, would be sea-going vessels under the merchant shipping act, because they have actually proceeded to the sea beyond the inland waters and the mercantile marine department certificate produced amply proves the .....

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 .....

V.M. Salgaocar and Brother Pvt. Ltd. and Others Vs. K.C. Lahiri, Assis ...

Court : Mumbai

Reported in : 1982(10)ELT322(Bom)

..... observed :- 'i think it immaterial to consider whether the hopper barge was used in navigation within the meaning of merchants shipping act, 1854, section 2, because that enactment directs that the word 'ship' shall include every description of vessel used in navigation not propelled by oars. ..... the contention for the respondents was that there is no decision, under the merchants shipping act, 1894 that the hopper barge without the means of propulsion, and employed for dredging only, is a ship for the purpose of limitation of liability. ..... 126 a barge which was not furnished with any means by which she could be propelled, and was used for dredging purposes was held to be a ship, within the meaning of the merchants shipping act, 1854. ..... the floating crane titan was held to be a ship under the merchants shipping act. ..... court held, following the case of 'the mac', that the hopper barge, used for dredging purposes with a rudder but without means of propulsion and when underway towed to and from her destination, is a ship within the meaning of the merchants shipping act. ..... from the certificate of indian registry issued by the directorate general of shipping the priyadarshini has one deck, two masts, 5 bulk heads ..... 262-customs dated 11th october, 1958 which exempts ocean going vessels from payment of customs duty leviable thereon.3 ..... (lloyd's list reporter 1958 vol. 1). ..... vessels engaged in coastal trade are considered as sea going vessels and as such exempted under the notification of october 11, 1958. .....