Judgment Search Results Home > Cases Phrase: merchant shipping act 1958 section 425 closure of registry Page 8 of about 113 results (0.123 seconds)

Union of India (Uoi) Vs. Sardarni Harbans Kaur and ors.

Court : Punjab and Haryana

Reported in : AIR1957P& H164

..... who travels against the injunctions of the railway officials in a train which is not meant for carrying passengers but goods can also be called a passenger.in the lion, (18g9) 2 pc 523 (m), which was a case under the merchant shipping act of 1854, the captain of a ship carried his wife and father-in-law in the ship without the knowledge of the owners. ..... travelling without pass or ticket or with insufficient pass is an offence which is punishable under section 113 of the railways act, and unlawfully entering upon a railway makes a person a trespasser. ..... it is then contended that sohan singh nanda was a passenger within section 82a of the rail- ways act and the plaintiffs are therefore entitled to damages, and reliance is placed on nur muhammad v. ..... 10,000/-which is the maximum allowed under section 82-a of the railways act the union have appealed to this court.8. ..... in such a case a person contravening the provisions of section 113 is liable to an excess fare and penalty provided by sub-section (2), and provision is also made for cases where a traveller refuses to pay the excess charge. ..... the court held that section 82a of the railways act applied but nanda was not travelling after obtaining a proper ticket and on the findings lie decreed a sum of rs. .....

North End Oil Limited Vs. M.V. kim An and Another

Court : Mumbai

Reported in : AIR1999Bom193; 1999(2)ALLMR47; 1999(2)BomCR448; (1999)2BOMLR150; 1999(3)MhLj15

..... ; and whether the vessel was a vessel that could have been used for navigable so as to constitute a vessel as it contemplates by definition of word 'ship' under admiralty courts' act, 1861 and under the definition of word 'vessel' under section 3(55) of the merchant shipping act, 1958 and third question is, whether the plaintiffs claim for maritime liens would operate against the vessel firstly because of change of the owner and secondly, because by 5-11- ..... and the expression vessel has been defined under section 3(55) of the merchant shipping act, 1958 as ''vessel' includes any ship, boat, sailing vessel, or other description ..... admiralty court act, 1861 and merchant shipping act, 1958 and secondly on whom the burden of proving the existence of res at the ..... of customs and central excise for beaching permission of the said vessel and for grant of such permission by assistant commissioner on the same day; receipt regarding payments of beaching charges; ship breaking permission granted by superintendent of customs on 27-10-1998 and payments of customs duty by the applicant for importing vessel for the purpose of demolition dated 27-10-1998. ..... , then it was for the plaintiffs in the present case to show that on the date of arrest of the ship and on the date of service of arrest warrant, the res was in existence and that vessel was used in ..... far as first aspect is concerned, the ship has been defined under the admiralty court act, 1861 as 'ship' shall include any description of vesselused in .....

P.B. Abdul Rehman and ors. Vs. Director General of Shipping and ors.

Court : Mumbai

Reported in : 1994(1)BomCR134; (1993)95BOMLR239

..... 'a ship under this act' cannot be interpreted to mean only a ship which falls under section 2(1) of the merchant shipping act, 1958. ..... the 'shipping master' of a port is defined under section 2(46) of the merchant shipping act, 1958 with reference to section 11. ..... these rules have been framed by the ministry of transport and communication under section 457 of the merchant shipping act, 1958 under which a general power is given to the central government to make rules generally to carry out the purposes of this act. ..... in the case of those petitioners who have received a rejection letter, the grounds set out are, inter-alia, that the petitioners are not seamen as defined under section 3(42) of the merchant shipping act, 1958. ..... the division bench, after considering these very rules and the provisions of the merchant shipping act, 1958, held in the case of former naval seamen that they were entitled to c.d.cs. ..... it will extend to crews of all ships to which the provisions of the merchant shipping act, 1958 apply. ..... rules of 1960 read with the provisions of the merchant shipping act, 1958. ..... in order to appreciate the contentions raised on behalf of the petitioners and the respondents, it is necessary to look at some of the relevant provisions of the merchant shipping act, 1958. ..... under the merchant shipping act. ..... the respondents however, seek to read these rules with the merchant shipping (seamen's employment office) rules, 1986 which are issued under section 95 sub-section (3). .....

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. .....

Pandyan Insurance Co. Ltd. Vs. K.J. Khambatta and ors.

Court : Mumbai

Reported in : AIR1955Bom241; (1955)57BOMLR186; 1955CriLJ1039; ILR1955Bom443

..... the relevant act is the indian merchant shipping act, no, xxi of 1923, and we are concerned with part vi which deals with special shipping inquiries and courts, section 246 defines what a shipping casualty is for the purpose of inquiries and investigations under this part, and clause (a) defines a shipping casualty as when on or near the coasts of the provinces, any ship is lost, abandoned, stranded or materially damaged, and (b) any loss of life ensues by reason of any casualty happening to, or on board of, any ship on or near those ..... of the investigation, section 257 provides:'the court shall, in the case of all investigations under this part, transmit to the central government a full report of the conclusions at which it has arrived, together with the evidence and shall also send a copy thereof to the provincial government'section 258 saves the power of the court to cancel or suspend certificates granted under any of the acts, or the power to remove a master of a ship conferred by section 471 of the merchant shipping act, 1s94. ..... the cause and circumstance attending the loss of the ship, that they have gathered vital information and evidence to establish that the ship was overloaded at the time of her departure from bombay, and further that the cargo on the ship was so faultily stowed as to deprive the ship of stability and that she was in an unseaworthy condition within the meaning of the indian merchant shipping act, the learned chief presidency magistrate, along with three .....

Al Ahli Bank of Kuwait (Ksc) Vs. M.T. Arabian Victory

Court : Kerala

Reported in : AIR2006Ker263; 2006(2)KLT775

..... the master and crew approached the judicial first class magistrate's court at ernakulam for wages under section 145 of the merchant shipping act, 1958. ..... it filed the writ petition invoking admirality jurisdiction of this court under merchant shipping act, 1958 and article 226 of the constitution of india to quash the proceedings of the judicial magistrate of the first class, ernakulam in m.c. no. ..... a reading of both judgments and reasoning would show that major dispute is regarding the contention of the bank that the appellants are not entitled to claim wages through magistrate's court under section 145 of the merchant shipping act and the entire amount after paying the wages upto 7-5-2002 should be released to them towards the mortgage. ..... employees, third parties cannot complain against them and, therefore, the bank, in any event, cannot contend that there was barratry and, hence, the magistrate's court has no jurisdiction to order payment of salary under section 145 of the merchant shipping act. ..... even though the vessel was allowed to be berthed on distress, they are not entitled to salary thereafter and judicial first class magistrate, ernakulam has no jurisdiction to award wages under section 145 of the merchant shipping act. ..... it was registered with the international merchant marine registry of belize under the merchant ships act, 1989. ..... the registry shall release the said amount within one month. ..... the said amounts shall be released to them within three months, by the registry. .....

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 .....

State Bank of India Vs. the Official Liquidator and Others

Court : Mumbai

Reported in : AIR1995Bom219

..... the rights in my view have been safeguarded by the provision contained in section 398 of the merchant shipping act, 1958. ..... section 399(1) of the merchant shipping act, 1958 provides as under:'the owner of the wreck in the possession of the receiver upon establishing his claim to the same to the satisfaction of the receiver within one year from the time at which the wreck came ..... reliance is placed on the provisions of section 399 (1) and (3) of the merchant shipping act, 1958. ..... hence, it would appear that the position of the mortgage under the merchant shipping act is placed in a better position than the mortgage under the insolvency laws. ..... what the respondent has done is in pursuance of provisions contained in the merchant shipping act i.e. ..... shall be entitled to recover the amount due under the mortgage in the high court, and when passing a decree or thereafter the high court may direct that the mortgaged ship or share be sold in execution of the decree'.section 52 provides as under:'a registered mortgage of a ship or share shall not be affected by any act of insolvency committed by the mortgagor after the date of the record of such mortgage, notwithstanding that the mortgagor, at the commencement of his insolvency, had the .....

Berner Shipping Inc., Bombay and anr. Vs. Mrs. Kala Ramchandran

Court : Mumbai

Reported in : AIR2002Bom432; 2002(3)ALLMR356; 2002(4)BomCR460; 2002(3)MhLj501

..... the plaintiffs have therefore, filed the present suit under section 352(b) of the merchant shipping act, 1958 to limit their liability, which is to be based upon the tonnage of the vessel concerned ..... the plaintiffs have submitted that under the provisions of part xa of the merchant shipping act, 1958, the owner of a sea-going vessel may limit his liability for loss of life or loss of damage to any property which is caused by the act, neglect or default of any person on board the vessel for whose act, neglect or default the owner is responsible. ..... the plaintiffs therefore, relying upon the provisions of section 352b of part x (a) of the merchant shipping act, have worked out the amount of their liability, if any, towards the ..... plaintiffs are thus trying to prevent their monetary loss which they may have to suffer in case they do not limit their liability by invoking the provisions of section 352b of part xa of the merchant shipping act. ..... 1,74,85,550/-;(g) for determination of the amount of limitation fund to be set up in accordance with the part xa of the merchant shipping act; (h) for determining or prescribing the time limit within which the claims, if any, arising out of the said occurrence should be filed against the plaintiffs; (i) such other further directions and orders as may be necessary to ..... pointed out that the proceeding is not really a suit but an application under chapter x(a) of the merchant shipping act and that no monetary claim has been made by the plaintiffs. .....

Berner Shipping Inc. and Another Vs. Mrs. Kala Ramchandran and Others

Court : Mumbai

Reported in : 2000(4)BomCR565

..... introduced in the merchant shipping act, 1958 by amending act 25 of 1970, in order to give effect to the brussels international convention of 1957 relating to the limitation of liability of the owners of sea-going ships, to which india ..... question would be assuming that this court would have jurisdiction, whether considering section 41 of the specific relief act this court could grant injunction to restrain the english court from ..... entitled to limit his liability in respect of all such claims arising from one occurrence, in the manner provided in section 352-b provided that the occurrence giving rise to the claims did not result from the actual fault or privity ..... . dealing with section 41(b) of the indian specific relief act, the apex court observed that provision in its opinion will be attracted only in a situation where an injunction is sought to restrain a party from instituting or prosecuting any action in a court in india which is either of ..... under section 352-f the limitation of liability can be invoked by an owner of the vessel and shall also apply to the charterer, manager and operator of the vessel, to the master, members of the crew and other servants of the owner, charterer, manager or operator acting in the course of their employment in the same manner as ..... in the first instance under section 352-a the limitation of liability of owner for damages in respect of certain claims will arise in the event the occurrence giving rise to the claim did not result from the .....