Judgment Search Results Home > Cases Phrase: merchant shipping act 1958 section 69 proceedings on forfeiture of ship Page 1 of about 56 results (0.136 seconds)

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 owner available within jurisdiction, including the security ..... 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 suit was one in rem.34. ..... holders of contractual liens is not only logical but also is the basic rule.in relation to the ranking of claims it is interesting to note that salvage has priority over (a) earlier salvage, (b) earlier damage, (c) earlier wages, (d) earlier claims to forfeiture by the crown, (e) subsequent possessory liens, (f) necessaries, and (g) mortgages. .....

Chowgule and Co. Ltd. Vs. Collector of Customs

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (1995)(80)ELT680TriDel

..... (v) they 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. ..... (iii) after import, the vessel was registered under section 34 of the merchant shipping act, 1958 (part v) & a certificate of indian registry no. ..... in india or not, and includes : (i) any naval vessel of a foreign government taking part in any naval exercise; (ii) any vessel engaged in fishing or any other operations outside the territorial waters of india; (iii) any vessel or aircraft proceeding to a place outside india for any purposes whatsoever".in view of the above definition, the importers had contended that the vessel maratha deep was an ocean going vessel plying on an international voyage on its own power ..... and it cannot be questioned :-' (vii) the importers also contended that cegat had consistantly held that the criteria for determining whether a vessel is ocean going is evident in its design and construction and the capacity of proceeding on the ocean, copies of cegat orders no. ..... the revenue is aggrieved with the order-in-original passed by the assistant collector, who by his order dropped the proceedings initiated by the issue of l.c. ..... collector had rightly dropped the proceedings. ..... assistant collector after scrutinizing the anormous evidence placed before him accepted the importer's contention and dropped the proceedings. .....

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

Court : Gujarat

Reported in : (1997)2GLR1745

..... my 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 maritime ..... kalo at the relevant time was under a charter to transnav constanta, and therefore, dispute in between the plaintiffs and the said charterers and english proceeding between them is in pendency and therefore, asking for the security for the release of the vessel from 1st defendant is inequitable.8. ..... hanoekar house, swatontapeth, vasco-de-gama, goa, : [1992]1scr1003 has urged that the supreme court does not confer the power to arrest a sister ship, but refers only to offending ship, and in fact widens the scope of existing admiralty jurisdiction of the high courts, but never 'purports to legislate' by conferring a new jurisdiction of proceeding against the sister ship.7. ..... mukherjee that this orders of mine should not be executed atleast for a period of two weeks, to enable them to approach the appropriate forum and to take out appropriate proceedings and to obtain suitable orders. ..... thus, i will have to proceed under a clear apprehension that ..... proceedings on hand call upon me to answer two .....

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 ..... provided on land; (ii) fishing vessels; (iii) factory ships; (iv) pleasure crafts; (v) harbour ..... this issue was raised by the assessing officer during the course of reassessment proceedings and it was replied to by the assessee. .....

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

Court : Kolkata

Reported in : 2005(1)CHN369

..... the high court of admiralty 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. ..... never even framed their suit for arrest of the cargo; we say in passing that had there been a good maritime claim against the cargo, and had the cargo been arrested, it would be open to the ship to leave the arrested cargo behind and proceed on its voyage with the rest of the goods, if any on board her.33. mr. ..... (b) neither party hereto, nor any persons claiming under either of them shall bring any action or other legal proceedings against the other of them in respect of any such dispute until such dispute shall first have been hoard and determined by the arbitrator(s) or a board of appeal, as the case may be, in accordance with the arbitration rules ..... it is possible to proceed for arrest of cargo on board a ship just as it is possible to proceed for arrest of the ship itself. ..... agreements in restraint of institution of legal proceedings altogether are bad and unenforceable in india; see section 41(b) of the specific relief act, 1963.38. ..... the obtaining of an award from the arbitrator(s) or a board of appeal, as the case may be, shall be a condition precedent to the right of either party hereto or of any person claiming under either of them to bring any action or other legal proceedings against the other of them in respect of any such dispute.'35. .....

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 ..... 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. ..... this submission cannot be accepted because the right given to a seaman or apprentice under section 144 of the merchant shipping act to recover his wages is a civil right and the forum through which he could make this recovery is the ..... it appears from the wording of section 145 of the merchant shipping act that the legislature wanted and intended to provide speedy remedy for seaman or apprentice for recovering his wages by a separate forum quickly and speedily and that legislature did not want seaman or apprentice ..... the seamen such provisions have been made in the merchant shipping act, from section 114 onwards. ..... contention of the counsel for the petitioner that proceedings under section 145 of merchant shipping act were summary trial, cannot be accepted. .....

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

Court : Delhi

..... 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 ..... the respondent no.2 union also informed the petitioners that they should not proceed with the negotiations with respondent no.1 union by ignoring them in the ..... however, none of the unions were willing to provide an assurance not to proceed with industrial action or strike, as had been verbally threatened as well as conveyed by fsui to insa in ..... inviting attention of the petitioner to the decision of this court dated 4th april, 2006 in notice of motion no.1034 of 2006 in appeal no.950 of 2005 in writ petition no.1751 of 2000 which was binding on the parties to the said proceedings until it was to be reversed. .....

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

Court : Mumbai

Reported in : AIR1983Bom178; (1983)85BOMLR250

..... with the result that this court would have no 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 ..... admiralty, as the same is used and exercised in that part of great britain called english, together with all and singular their incidents, emergence, and dependencies, annexed and connected causes whatsoever, and to proceed summarily therein, with all possible despatch, according to the course of out admiralty of that part of great britain called england, without the strict formalities of law, considering only the truth of the ..... 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 ..... sub-section (2) provided that the jurisdiction of a colonial court of admiralty would, subject to the provisions of the act, be ..... 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 ..... 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)

..... first he 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 consider ..... '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 ejusdem ..... can 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. ..... -1056(e) dated 19.12.1989 in exercise of the powers under section 11 of the merchant shipping act. ..... the petitioner has prayed inter alia :(a) injunction restraining the respondents, their subordinates agents and/or each of them from giving effect and/or further effect to the impugned order of punishment for forfeiture of wages of those seamen dated 31st march, 1992 passed by the shipping master, port blair pursuant to the suo moto purported enquiry conducted by him;(b) injunction restraining the director of shipping services, port blair acting as shipping master pursuant to the order vide no. .....

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

Court : Kolkata

Reported in : 2007(3)CHN203

..... 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. ..... such requirement was in terms of section 456 of the merchant shipping act and could not be waived under any ..... before the learned single judge it was contended on behalf of the petitioners that in earlier writ proceedings the authorities contended before his lordship that the condition for submission of watch keeping certificate stood by the corrigendum dated february 18, 2004 appearing at page 71 of ..... senior counsel appearing in support of the appeal contended that the learned single judge in the earlier writ proceeding was not properly posted with the facts on behalf of the administration. ..... 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 proceeding. ..... moreover, such issue was gone into in the earlier writ proceeding, might be on a misconception of facts on the basis of erroneous stand taken ..... hence the learned single judge in this writ proceeding should not have allowed the appellants to reopen this issue and the relief granted on that count, in our view, cannot ..... could not satisfy his lordship as to how they could take a contrary stand before this court in the earlier writ proceeding.7. .....