Judgment Search Results Home > Cases Phrase: merchant shipping act 1958 section 64 unlawful assumption of indian character Page 1 of about 31 results (0.128 seconds)

Chowgule and Co. Ltd. Vs. Collector of Customs

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (1995)(80)ELT680TriDel

..... after import, the vessel was registered under section 34 of the merchant shipping act, 1958 (part v) & a certificate of indian registry no. ..... also furnished the general period licence pi-123/86, dated 30-10-1986 issued by the director general of shipping, bombay in terms of section 406 part xw, of the merchant shipping act, 1958, which applies only to sea going vessels. ..... this context sections 20 and 405, merchant shipping act, 1958 has been ..... ship safety radio telegraphy certificate dated 29-9-1986 issued under section 301 (a) of the merchant shipping act, 1958. ..... ship safety equipment certificate dated 29-9-1986 issued under section 300(1)(a) of the merchant shipping act, 1958. ..... ship safety construction certificate issued under the provisions of international convention for the safety of life at sea, 1974 under section 299(a) of merchant shipping act, 1958. ..... international load line certificate dated 30-9-1986 issued under sections 316(1) and 318(1) of merchant shipping act, 1958. ..... importers also furnished, inter alia, the following sea-worthy and safety certificates issued by different governmental authorities: (a) certificate of survey dated 28-10-1986 under section 27 of the merchant shipping act, 1958. ..... also contains the endorsements made by the registrar of indian ships from time to time under section 37 of the merchant shipping act (at the time of taking over by new captain) ..... at the time of arrival there was no doubt about the character of the vessel - as that of an ocean - going bulk .....

Shipping Corporation of India Ltd. Vs. the Master of M.V. giurgeni

Court : Gujarat

Reported in : (1997)2GLR1745

..... opinion, both being concise and yet precise i must say that, provided, i come to the conclusion that the merchant shipping act, 1958 is not a self-contained code, taking care of very many eventualities occurring in wide and complex shipping business and that the provisions contained in sections 443 and 444 thereof are not the reporsitory of powers of arrest of ships and that, the admiralty court is either permitted or obliged to look at the international developments in the branch of ..... learned counsel has urged that, this say of the supreme court commands that foreign ship could be arrested, provided the indian courts are empowered to do so by domestic law of this country or in any of the cases recognised under brussels ..... coming from learned counsel in this respect is that the power to arrest a sister ship has not been granted under the indian statute and that, india not being a signatory to brussels convention, such power or jurisdiction cannot be assumed by the indian courts. ..... supra) says, 'a short account of the english statutes on admiralty jurisdiction and the power exercised by the english courts over foreign ships will be helpful in understanding the nature and extent of the admiralty jurisdiction of the indian courts. ..... elisabeth reads as under:it is likewise within the competence of the appropriate indian courts to deal, in accordance with the general principles of maritime law and the applicable provisions of statutory law, with all persons and things found within .....

The Commissioner of Income Tax New Delhi Vs. Jaggon International Ltd

Court : Delhi

..... for the purposes of this chapter, a ship is a qualifying ship if (a) it is a sea going ship or vessel of fifteen net tonnage or more; (b) it is a ship registered under the merchant shipping act, 1958 (44 of 1958), or a ship registered outside india in respect of which a licence has been issued by the director-general of shipping under section 406 or section 407 of the merchant shipping act, 1958 (44 of 1958); and (c)a valid certificate in respect of such ship indicating its net tonnage is in force, but does not include (i) a sea going ship or vessel if the main purpose for which it is used is the provision of goods or services of a kind normally ..... the relevant chapter of merchant shipping act is named as control of indian ships and ships engaged in coasting trade. ..... that apart, we find that under section 148 of the act, the assessing officer had specifically mentioned in the reasons recorded that he was prima facie of the view that the vessel had been used in the indian territorial waters prior to its acquisition by the assessee. ..... insofar as the second issue relating to section 80-ia(3) of the act if concerned, which is to the effect whether the deep sea matdrill was used in the indian territorial waters before its acquisition by the assessee, we find that this is essentially a question of fact. .....

Liberty Commodities Ltd. Vs. Lmj International Ltd. and anr.

Court : Kolkata

Reported in : 2005(1)CHN369

..... shall have the same powers over any british ship, or any share therein, as are conferred upon the high court of chancery in england by the 62nd, 63rd, 64th and 65th sections of 'the merchant shipping act, 1854.'13. ..... it would be contrary to indian law to rule that section 9 of the indian arbitration and conciliation act is not invocable either, whereby that section 9 application becomes maintainable in ..... with due respect and reverence, the case is a path-breaking case and with one stroke of pen brings the indian law in this respect at par with the advanced maritime law of any other country, without our legislature having to lift a pen or write a ..... this does not show that they are trying to take out 8,000 metric tonnes of goods outside the indian territorial waters for the purpose of rendering a plaintiff helpless nor does it show that they are trying to dispose of the rice to nigerian parties because they do not want a decree of lmj ..... read the judgment, their lordships were merely stating that it would be open to the parties to include the jurisdiction for obtaining interlocutory relief from indian courts, provided such reliefs were left open to be obtained by other appropriate courts elsewhere in the world. ..... and there is one letter from liberty which states that they were surprised to learn that lmj had sold the rice obtainedby them for liberty in the indian market; liberty further alleges that in spiteof best efforts it could not arrange to have a ship placed at kandla in time.12. .....

Marine Management Services (Private) Ltd. Vs. Anil Kumar Jaiswal and o ...

Court : Mumbai

Reported in : (2001)IIILLJ94Bom

..... this petition is filed to challenge the order passed by the additional chief metropolitan magistrate on the complaint of respondent 1 under section 145 read with section 143 of the merchant shipping act, 1958 by which the petitioner-company was directed to pay certain sum towards the wages of respondent 1 along with interest and costs of rs ..... second and most important question raised by the counsel for the petitioner was that the petitioner was not a ship registered in india or registered under the merchant shipping act and secondly, that ship never touched indian port and, therefore, according to him, provisions of merchant shipping act cannot be applicable so as to enable respondent 1 to file application under section 145. ..... is also true that respondent 1 was employed by ugland brothers, u.k and ship where respondent 1 was working was not registered as indian ship under the merchant shipping act.8. ..... section 114 further provides procedure for engaging seamen by ship other than indian ships and under these provisions agreement to engage seaman has to be made before shipping master in the manner prescribed by this act for making agreement in the case of foreign going indian ships ..... sub-section (3) of section 114 provides that the master of a ship other than indian ship shall give to the shipping master a bond with the security of some approved person resident in india for such amount as may be fixed by the central government in respect of each seaman engaged by him, in any part in .....

Indian National Shipowners' Association Vs. National Union of Seafarer ...

Court : Delhi

..... further reliefs in terms of prayer clauses (aa) and (ab), thereby praying for striking down the impugned order dated 24th february, 2011 issued by the respondent no.3 and to direct the respondent no.3 to exercise its powers under section 150 of the merchant shipping act, 1958 and to make an order of reference of industrial dispute arising from the strike notice dated 14th january, 2011 issued by the respondent no.2 and threat to strike notice dated 2nd february, 2011 issued by the respondent ..... further relief claimed in the writ petition is to issue direction to respondent no.3 (union of india) to forthwith constitute a tribunal under section 150 of the merchant shipping act, 1958 and refer the dispute relating to the strike/agitation threatened by respondent nos.1 and 2 as well as the charters of demand submitted by the respondent nos.1 and 2 dated 19th may, 2010 and 28th april, 2010 respectively ..... the petitioners have tendered in court two sets of agreed written down terms containing conditions of service and emoluments of indian seafarers in the category of ratings and petty officers serving on foreign going, home trade and off-shore articles of agreement. ..... vide its communication dated 24th february, 2011 informed the chief executive officer of the petitioners as follows: "f.no.b-11011/2/2011-ma new delhi dated the 24th february, 2011 to, shri anil devli, chief executive officer indian national shipowners' association, 22, maker tower-f, 2nd floor, cuffee parade, mumbai-400 005. .....

Dimitrios Paizis and ors. Vs. Motor Vessel nicos and ors.

Court : Mumbai

Reported in : AIR1983Bom178; (1983)85BOMLR250

..... jurisdiction to try a claim based on such a mortgage; (b) the court jurisdiction is circumstance by the merchant shipping act, 1958 which does not enable the court to try a suit such as the present; and (c) consent by the 2nd defendants to the jurisdiction of the court of any country of the plaintiff choice would not, under indian law vest jurisdiction in this court, as under indian law parties could not by consent or acquiescence or estoppel confer jurisdiction on a court which it does not ..... that case dealt only with the jurisdiction of the court in enforcing a mortgage of a ship registered in india and the effect of the merchant shipping act, 1958 thereon and was in to way concerned with the enforcement of a mortgage of a ..... meghani urged that though under section 443 the court is empowered to detain a foreign ship which has occasioned damage the act contains on provision for the arrest of a vessel for enforcement of a foreign mortgage, thus, ..... sub-section (2) provided that the jurisdiction of a colonial court of admiralty would, subject to the provisions of the act, be over 'like places ..... sub-section (1) provided that every court of law in a british possession for the time being declared in pursuance of that act to be a court of admiralty, or which, if no such declaration was in force ..... home by a passage in willaims & bruce admiralty practice, 1902, at page 44 which reads thus--'it must not however be forgotten that the jurisdiction conferred by the 3rd section of the 3 and 4 vict, c. .....

Hinterland Seamen Union Vs. Union of India (Uoi) and ors.

Court : Kolkata

Reported in : (1993)2CALLT49(HC)

..... argued that the impugned notification has been made under section 11 of the merchant shipping act, 1958. ..... section 11 of the merchant shipping act is very clear that the central government may, by notification in the official gazette, establish a shipping office at every port in india in which it thinks it necessary so to do, and shall appoint thereto a shipping master and as many deputy shipping masters and assistant shipping masters as it may ..... 'such other office' as expressed in section 11(3) of the merchant shipping act does not provide that such an office has to be established either at the office of the port officer or at the custom house or at any part of those two offices by following the principles of ..... discharge the function of a quasi-judicial authority as per the duties of the harbour master as envasaged under section 89 of the merchant shipping act. ..... section 89 of the merchant shipping act, runs as ..... dated 19.12.1989 in exercise of the powers under section 11 of the merchant shipping act. ..... and discharge of seamen in the manner provided in this act;(b) to provide means for securing the presence on board at the proper times of the seamen who are so engaged ;(c) to facilitate the making of apprenticeship to the sea service ;(d) to hear and decide disputes under section 132 between a master, owner or agent of a ship and any of the crew of the ship;(e) to perform such other duties relating to seamen, apprentices and merchant ships as are for the time being committed to them .....

Lieutenant Governor and ors. Vs. Joy Dev Majhi and ors.

Court : Kolkata

Reported in : 2007(3)CHN203

..... in 2004 they were asked to exercise their option whether they would be governed by the provisions of the merchant shipping act, 1958 or they would continue to remain to be guided by fr & sr. ..... five writ petitioners (respondents herein), however, insisted that, once the authorities allowed them to opt for being guided by the provisions of merchant shipping act and the authorities accepted such option, subsequent insistence of production of those two certificates could not be foisted upon them. ..... under the provisions of the merchant shipping act the option once exercised cannot be taken ..... then they were allowed to opt for the service conditions under the merchant shipping act. ..... 72 seamen were allow to exercise their option to be governed by the provisions of merchant shipping act. ..... moreover such requirement was in terms of section 456 of the merchant shipping act and could not be waived under any circumstance ..... so long they do not obtain such certificate, the authorities would engage them in cargo ship as far as practicable and in any event they must be paid retention allowance from the date they were disengaged after the judgment and order dated march 11, 2005 passed in the earlier writ ..... terms of the provisions of the said act of 1958 they were to possess those two certificates. ..... he would however be entitled to be engaged for cargo ship and if there is no cargo ship available the authorities would not be obliged to pay any retention allowance beyond three months in one calendar year .....

Ocean Marine Mutual Insurance Association Ltd. Vs. M.V. wonfu and Othe ...

Court : Mumbai

Reported in : AIR1998Bom18; 1998(4)ALLMR289; 1998(4)BomCR841

..... counsel for the respondents also brought to my notice the meaning of the word 'ship' under the admiralty court act, 1861 as under:'ship' shall include any description of vessel used in navigation not propelled by oars.similarly, the learned counsel for the respondents also brought to my notice the meaning of the expression 'vessel' under section 3(55) of the merchant shipping act, 1958, which is as under;'vessel' includes any ship, boat, sailing vessel, or other description of vessel used in navigation.6. ..... on a full consideration of the provisions ofthe merchant shipping act, 1958 regarding the meaning of the expression 'vessel' aswell as the meaning of the expression 'ship' as per the admiralty court act, 1861, andin the light of the judgment of the queen's bench division (admiralty court) ..... the said judgment there is a reference tosection 742 of the merchant shipping act, 1984 which provides that the expression'vessel' includes any ship or boat, or any other description of the vessel used ..... pratap contended that the arrest warrant could not have been executed as there was no 'ship' or 'vessel' in existence, and merely because the present respondents had appeared before this court and sought relief of vacating the said order of arrest, it would not confer any jurisdiction to this court to ..... another, it is very clear that 'vessel' or 'ship' must be-capable of being navigated. ..... similarly, the expression 'ship' includes every description of vessel used innavigation not propelled .....