Judgment Search Results Home > Cases Phrase: merchant shipping act 1958 section 64 unlawful assumption of indian character Court: supreme court of india Page 1 of about 14 results (0.195 seconds)

O. Konavalov Vs. Commander, Coast Guard Region and ors.

Court : Supreme Court of India

Reported in : 2006(2)CTC672; 2006(197)ELT3(SC); JT2006(3)SC567; 2006(3)SCALE398; (2006)4SCC620

..... the arrest of the vessel while in indian waters by an order of the high court concerned, 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 ..... application was filed under order xiv rule 8 of the original side rules read with section 125 of the merchant shipping act, 1958 praying to direct the receiver to pay wages to crew members out of the proceeds ..... merchant shipping act, 1958 (hereinafter referred to as 'the msa') in sections 138, 139, 140, 141 and 144 constitute a scheme of statutory rights towards wages which can be enforced by proceedings under section ..... respondents contended the following:-(a) the merchant shipping act, 1958 is not applicable to the foreign ..... jurisdiction in the lloyds reports in the matter of 'ruta', it has been held that the wage claims have no alternative forms of redressal, but for claiming it from the proceeds of the ship and that it takes priority even to claims for salvage;e) that even though the 1926 convention of maritime liens and mortgages has not yet been ratified by india the principles are very well adopted in merchant shipping act, 1958. ..... the absolute character of vesting, following confiscation can be absolute, only against persons having proprietary right in the ship or goods and more particularly denoting a suspension or abeyance of such rights, till .....

World Tanker Carrier Corporation Vs. Snp Shipping Services Pvt. Ltd. a ...

Court : Supreme Court of India

Reported in : AIR1998SC2330; 1998(3)ALLMR(SC)640; JT1998(3)SC468; 1998(3)SCALE165; (1998)5SCC310; [1998]2SCR1032

..... part v of the merchant shipping act, 1958 (sections 20 to 74) deals with registration of indian ships. ..... section 2 of the merchant shipping act, 1958 deals with the application of the act. ..... ' it is this principle which is reflected in section 2(2) of the merchant shipping act, 1958.24. ..... part xa was 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 is a signatory. ..... the provisions regarding a limitation action have been reduced to a statutory form in part xa of the merchant shipping act, 1958. ..... the right of an owner to bring a limitation action is governed by part xa of the merchant shipping act, 1958. ..... it was to incorporate this convention in our statute law that part xa was inserted in the merchant shipping act, 1958.16. ..... learned counsel for snp drew our attention to clause 12 of the letters patent, section 20(2) of the civil procedure code and section 3(15) of the merchant shipping act and submitted that the court within whose jurisdiction a part of the cause of action arises is a court having jurisdiction in a limitation action.33. ..... there are several sections and/or parts of the merchant shipping act which apply to vessels. e.g. ..... therefore, bringing the ship to the bombay port, in order to confer jurisdiction on the bombay high court, has the character of forum shopping, rather than anything else.42. .....

Commissioner of Income Tax, Kochi Vs. Trans Asian Shipping Services (P ...

Court : Supreme Court of India

..... twenty-four metres, a certificate issued under the merchant shipping (tonnage measurement of ship) rules, 1987 made under the merchant shipping act, 1958 (44 of 1958); (b) having a length of twenty-four metres or more, an international tonnage certificate issued under the provisions of the convention on tonnage measurement of ships, 1969, as specified in the merchant shipping (tonnage measurement of ship) rules, 1987 made under the merchant shipping act, 1958 (44 of 1958); (ii) in case of ships registered outside india, a licence issued by the director-general of shipping under section 406 or section 407 of the merchant shipping act, 1958 (44 of 1958) specifying the net tonnage on the basis ..... such slot charter arrangements being with a shipping company but not in relation to or for a particular ship, it is impossible for the indian shipping company to identify the cargo ship, which carried the goods. ..... the whole purpose of introduction of the scheme was to make the indian shipping industry more competitive in the global space by rationalising its tax cost. ..... it may be stated in brief that in view of the stiff competition faced by the indian shipping companies vis-a-vis foreign shipping lines, and in order to ensure an easily accessible, fixed rate, low tax regime for shipping companies, the rakesh mohan committee in its report (of january, 2002) recommended the introduction of the tts in india, which was similar to, and adopted some of the best global practices prevalent. .....

D. Stephens Vs. Nosibolla

Court : Supreme Court of India

Reported in : AIR1951SC196; 1951CriLJ510; [1951]2SCR284

..... the complainant nosibolla alleged that the accused as joint secretary of the board collected an illegal charge of rupee one from him for issue of a muster card and thus contravened section 26 of the indian merchant shipping act and that he was, therefore, guilty of an offence within the meaning of sub-clause (2) of that section. ..... no such error in the present case; on the other hand, it seems to us that on both the previous occasions, the chief presidency magistrate was right in holding that the accused was not guilty of any offence under sections 25 and 26 of the indian merchant shipping act. 11. ..... stephens, who had been acquitted by the chief presidency magistrate of contravening the provisions of section 26 of the indian merchant shipping act. 2. ..... before entering into a short discussion of the question whether the view taken by the high court is right or wrong, it would be useful to set out the relevant sections of the merchant shipping act. '24. ..... (1) the central government or any person duly authorised by the central government in this behalf may grant to such persons as may be deemed fit licences to engage or supply seamen for merchant ships in british india. ..... the chief presidency magistrate acquitted the accused of the charge but on revision the high court at calcutta directed a retrial, holding that the accused clearly contravened the provisions of section 25 of the act, and that if the complainant was to be believed when he said that the accused received re. .....

Chowgule and Co. Pvt. Ltd. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : AIR1987SC1176; 1987(12)ECC1; 1987(28)ELT39(SC); JT1987(1)SC496; 1987(1)SCALE404; (1987)1SCC730; [1987]2SCR351; 1987(1)LC644(SC)

..... government of india for the issue of 'general licence' under section 406 of the merchant shipping act, 1958. ..... the cargo from barges which go alongside maratha transhipper.we may also add here that 'the maratha transhipper' possesses all the certificates prescribed by the merchant shipping act and other maritime laws to enable her to ply the oceans.3. ..... importer makes and subscribes to a declaration before the proper officer, to the effect that he is unable for want of full information to furnish all the particulars of the goods required under this sub-section, the proper officer may, pending the production of such information, permit him, previous to the entry thereof (a) to examine the goods in the presence of an officer of customs, or (b) to deposit ..... the writ petition but on an appeal under the latter patent a division bench of the high court holding that a vessel was goods within the meaning of section 46 of the customs act, allowed the appeal and dismissed the writ petition, the company having obtained special leave of this court under article 136 of the constitution, the appeal is now ..... waters for topping up bulk carriers, can be said to be vessels for home consumption merely on that account, even though when they entered indian territorial waters they came under their own power as ocean going vessels and notwithstanding that they are still capable of being used as ocean going ..... information about those vessels to conclude that the character of those vessels was the same as the .....

Sabeeha Faikage and ors. Vs. Union of India and ors.

Court : Supreme Court of India

Reported in : (2013)1SCC262

..... . in our view, it will be enough for us to recommend to the respondent no.1 to expedite the proposals which have been under consideration of the government and to take immediate steps to amend the merchant shipping act, 1958 and the rules 2005 in a manner they deem proper to ensure that the life of seafarers employed in different ships in high seas are made more secure and safe and in case of loss of life, their kith and kin are paid adequate amount of compensation.19 ..... . he submitted that under section 338 of the shipping act, 2004 of saint vincent and the grenadines, the flag state of jupiter-6, the limits of liability of the ship owner have been fixed for claims arising on any distinct occasion and the compensation deposited in this court at the rate of 40,000 us dollars in case of death of officers and 25,000 us dollars in case of death of non- officers is in accordance with the provisions of section 338 of the shipping act, 2004 of saint vincent and the grenadines ..... pursuant to reports in a section of the media about the missing of jupiter-6 since 08.10.2005, the director general of shipping, bombay, issued a press release on 15.10.2005 that the ministry of shipping and road transport and highways had alerted the indian coast guard which, in turn, has alerted the south african search and rescue region as jupiter-6 was last sighted near cape town in south africa and that all efforts are being made to trace .....

Liverpool and London S.P. and I Asson. Ltd. Vs. M.V. Sea Success I and ...

Court : Supreme Court of India

Reported in : JT2003(9)SC218; 2003(10)SCALE1; (2004)9SCC512

..... section 352n of the indian merchant shipping act, 1958 makes such an insurance compulsory which reads as under:'352-n. ..... or claims:*****(viii) any claim by a seaman of a ship for wages earned by him on board the ship, whether due under a special contract or otherwise, and any claim by the master of a ship for wages earned by him on board the ship and for disbursements made by him on account of the ship;(ix) any claim in respect of a mortgage of any ship, being a mortgage duly registered in accordance with the provisions of the merchant shipping acts, 1894 to 1923, or in respect of any mortgage of a ship which is, or the proceeds whereof are, under ..... the term 'necessaries' as defined in black's law dictionary reads as under:'what constitutes 'necessaries' for which an admiralty lien will attach depends upon what is reasonably needed in the ship's business, regard being had to the character of the voyage and the employment in which the vessel is being used.' 81. ..... application of the 1999 convention in the process of interpretive changes, however, would be subject to : (1) domestic law which may be enacted by the parliament; and (2) it should be applied only for enforcement of a contract involving public law character.62. .....

Anjuman Khuddamul Hujjaj, Etc. Etc. Vs. Union of India and anr. Etc.

Court : Supreme Court of India

Reported in : JT2000(6)SC542; 2000(4)SCALE502; (2000)5SCC641; 2000(2)LC1026(SC)

..... facilities for pilgrims; (e) to find suitable guides for employment by shipping companies or pilgrim ships; (f) to bring the grievances of pilgrims and any irregularities or omissions on the part of a master or owner of a pilgrim ship in carrying out the provisions of the indian merchant shipping act, 1923, to the notice of the authorities concerned, and to suggest remedies; (g) to appoint a pilgrim as 'amirul haj' on board a pilgrim ship to represent the grievances of the pilgrims to the master or owner of the ship; (h) generally to look after the welfare of the pilgrims; and ..... lalit mansingh] in the ministry of external affairs will control, supervise and oversee the performance of the present 'haj committee' and it will be in his discretion to nominate, in place of members indicated in section 4(1)(a) to (f), such persons of merit and high integrity as would be useful in the proper management of 'haj' affairs, on the committee, so that the 'haj' pilgrims do not suffer for lack of adequate arrangements, including arrangements for their stay in ..... for the last seven years, the pilgrims have been going to those countries by air, but the officers mentioned in section 4(1)(a) to (f) continue to be members of the 'haj committee', although with effect from 1993, when pilgrims ceased to be taken to saudi arabia, iran or iraq by ship, they have practically no role to play in the management of 'haj pilgrimage.7. .....

Capt. Karan Vaswani Vs. Union of India and ors.

Court : Supreme Court of India

Reported in : [2000(85)FLR468]; JT2000(3)SC613; 2000(2)SCALE630; (2000)3SCC602; [2000]2SCR745; 2000(2)LC833(SC); (2000)2UPLBEC1287

..... ship' and 'master' are defined in section 3(13) and section 3(22) of the merchant shipping act, 1958 as under;-foreign-going ship' means a ship, not being a home- trade ship, employed in trading between any port or place in india and any other port or place or between ports or places, outside india; 'master' includes any person (except a pilot or harbour master) having command or charge of a ship ..... appellant is accepted, it will mean that despite having vast experience but less than 10 years as master of foreign-going ship and having equally vast experience as a pilot, a person would still be ineligible for being considered for the post of ..... and promotion) regulations, 1980 as amended in 1989, for the post of pilot as also for the post of harbour master, it is essential to hold a certificate of competency as master of foreign-going ship issued by the ministry of shipping and transport, government of india or by board of trade, uk or any other commonwealth country whose certificate of competency has commonwealth validity. ..... slates that the master of a ship is authorised to perform the acts ordinarily necessary for the safe and ..... in exercise of the powers conferred by section 28 read with section 124 of the major port trusts act, 1963, the new mangalore port trust (recruitment of heads ..... in section 2(n) of the major port trusts act, 1963, the term 'master' has been defined as under:master', in relation to any vessel or any aircraft making use of any port, means any person having for the .....

M.T. Enrica Lexie and anr. Vs. Doramma and ors.

Court : Supreme Court of India

..... of the said counter affidavit, it is stated that the material evidence in relation to the first appellant vessel itself has been collected during the preliminary inquiry for the purposes of sections 358 and 359 of the merchant shipping act, 1958. ..... the position of the republic of italy is that the alleged incident took place outside indian territorial waters and the union of india and the state of kerala have no jurisdiction to deal with the matter under indian municipal laws, including criminal laws, as well as under international law; that the incident is between two sovereign ..... 2/2012 under section 302 of the indian penal code, ( ..... stout refutation to that position by the union of india and the state of kerala and the strong assertion by the union of india and the state of kerala that the offence of murder of two indian citizens was committed within the territorial jurisdiction of india.24. ..... , (i) the appellants must submit to the jurisdiction of the indian court/s and they must also clarify their position about settlements in the admiralty suits arrived at between the republic of italy and the claimants-plaintiffs; (ii) for securing the presence of the ..... that the appellants, in fact, have submitted to the jurisdiction of the indian courts and they maintain that position. ..... not be considered as in any manner detracting from the stand of the republic of italy that its officers are entitled to sovereign immunity and that proceedings in india under the indian municipal laws are illegal.5. .....