Judgment Search Results Home > Cases Phrase: merchant shipping act 1958 section 69 proceedings on forfeiture of ship Page 2 of about 56 results (0.074 seconds)

Syed Mohmmed Jamil Vs. Union of India (Uoi) and ors.

Court : Kolkata

..... then submitted on behalf of respondent/union of india that the writ petition is not maintainable in view of section 145 of the merchant shipping act, 1958 and also for the reasons that the claim as made in the present application is essentially a money claim ..... 2/shipping corporation of india limited, it was submitted that the petitioner is certainly a seaman within the meaning of section 2(42) of the merchant shipping act, 1958 which reads:(42) 'seaman' means every person (except a master, pilot or apprentice/employed or engaged as a member of the crew of a ship under this act, but in relation to sections 178 - 183 (inclusive) ..... petitioner was given continuous discharge certificate issued by the directorate of shipping through the shipping master under section 99 of the merchant shipping act, 1958. ..... in terms of section 100 of the merchant shipping act, 1958, it is the duty of the master of every indian ship to enter into an agreement with every seaman whom he engages as a crew from any ..... the petitioner inviting attention of the court to section 121 of the merchant shipping act, 1958 which deals with discharge and leaving behind of seamen by masters of indian ships. ..... section 456 of the merchant shipping act, 1958. ..... the petitioner is a seaman within the meaning of section 2(42) of the merchant shipping act, 1958. ..... that mere availability of an alternative remedy, be it under the industrial dispute act or the merchant shipping act, 1958 cannot by itself close the doors of the writ court. .....

Tucker Vs. Alexandroff

Court : US Supreme Court

..... " section 4596 is largely a reproduction of the section above cited from the merchants' shipping act, and provides that "whenever any seaman who has ..... by section 243 of the merchants' shipping act of 1854 ..... into the new merchants' shipping act. ..... in a like case) to deliver up on the high seas, or in any foreign port, under the instructions of their government, deserters from foreign vessels who may without lawful authority be found on board one of the ships of war of the united states," but he distinctly admitted and asserted: "but when a foreign deserter is on shore in great britain (and her majesty's government presume the case would be the same in the united ..... alexandroff arrived at philadelphia, she became such upon being launched; (2) that, under the treaty with russia of 1832, in virtue of which these proceedings were taken, she was a ship of war, as distinguished from a merchant vessel, notwithstanding she had not received her equipment or armament, and was still unfinished; (3) that, under her contract of construction, she was from the beginning, and continued to be, the ..... seamen who, by their shipping articles, have agreed to render themselves on board at a certain time, and to their right to compensation and liability to punishment, or to forfeiture of wages, after that ..... there is a recognition of the principle that the obligation of the seaman begins with the signing of the shipping articles, and that he is liable to the penalty of a forfeiture of his wages from that moment. .....

Joint Commissioner of Income-tax Vs. Essar Shipping Ltd.

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2006)102ITD71(Mum.)

..... only on completion of loading of the ships; (v) that the two ships purchased by the assessee were in fact owned by the assessee-company and the registration under the merchant shipping act, 1962 is only a consequential and administrative formality; (vi) that the assessee-company had used the ships for the purpose of its business and the assessee was fully justified in claiming depreciation under section 32 of the income-tax act, even though no corresponding income was ..... in the case of ships, section 26 of merchant shipping act, 1962 provides that an application for registration of an indian ship shall be made by the person ..... order, the assessing authority himself has stated as follows : though the assessee's contention with reference to acquisition of the above ships before 31-3-1996 may be acceptable, yet the assessee does not become the owner according to the merchant shipping act.therefore, it is evident that there is no dispute on the basic factum that the assessee-company had acquired two ships during the relevant previous year. ..... copies of the memoranda of agreement for purchase of the ships dated 19-2-1996, copies of instruments of sale of ships dated 29-3-1996, copies of protocol of delivery and acceptance of the ships dated 29-3-1996, registration papers of the ships, copies of the telex messages sent to the masters of the ships to proceed towards port of loading, copy of the letter sent to ..... in the course of assessment proceedings, among other things, the assessing officer .....

Jcit, Sr-27 Vs. Essar Shipping Ltd. (South India

Court : Income Tax Appellate Tribunal ITAT Mumbai

..... in the case of ships, section 26 of merchant ship act, 1962 provides that an application for registration of an indian ship shall be made by the person requiring ..... tankers because of the method of income recognition followed by the assessee company inasmuch as it is the practice of the assessee company to recognise and record the freight income only on completion of loading of the ships; (v) that the two ships purchased by the assessee were in fact owned by the assessee company and the registration under the merchant shipping act, 1962 is only a consequential and administrative formality. ..... the assessment order, the assessing authority himself has stated as follows: though the assessees contention with reference to acquisition of the above ships before 31-03-1996 may be acceptable, yet the assessee does not become the owner according to the merchant shipping act.therefore, it is evident that there is no dispute on the basic factum that the assessee company had acquired two ships during the relevant previous year. ..... copies of the memoranda of agreement for purchase of the ships dated 19-02-1996, copies of instruments of sale of ships dated 29-03-1996, copies of protocol of delivery and acceptance of the ships dated 29-03-1996, registration papers of the ships, copies of the telex messages sent to the masters of the ships to proceed towards port of loading, copy of the letter sent to the united ..... in the course of assessment proceedings, among other things, the assessing officer has .....

State Trading Corporation of India Ltd. Vs. Government of Peoples Repu ...

Court : Delhi

Reported in : 63(1996)DLT971; 1997(40)DRJ441

..... 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 ..... its territorial jurisdiction may still exercise power to order attachment by detention of a ship under section 443 if it be a 'high court' within the meaning of s.3(15) of the act; (ii)a high court seized of a suit within its competence by reference to pecuniary and territorial jurisdiction, though not a high court within the meaning of section 3(15) of the merchant shipping act, 1958, may independent of the provisions contained in section 443 of the act exercise jurisdiction to direct arrest and detention of a ship if found in indian territorial waters and if it may form an opinion that .....

Vipul Shipyard Vs. Collector of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (1985)(19)ELT122TriDel

..... 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. ..... " 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. ..... 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 same. ..... the learned sdr has also cited the views of the principal officer of the mercantile marine department according to whom there is no difference between an "ocean-going vessels" and a "sea-going vessel".if a sea-going vessel is to proceed to sea beyond the inland waters it should be registered under the merchant shipping act. ..... "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. .....

Hasan HossaIn and ors. Vs. the King.

Court : Kolkata

Reported in : 1949CriLJ567

..... the captain then got the police to make a case under section 103, indian merchant shipping act, before the chief presidency magistrate alleging an offence under 8.103 of the said act, with the result above noted and we may observe that the captain has, by these proceedings, succeeded in his object, the ship having left the port. ..... this rule is against an order of conviction under section 103 (in), indian merchant shipping act. ..... those, the merchant shipping act, 1884, equally has no application for punishing indiscipline on a foreign ship.9. ..... they had each an agreement with the captain, one of the terms of which is that the seamen will have all rights in accordance with the british merchant shipping act.3. ..... part ii, indian merchant shipping hat, which contains section 103 is applicable as laid down in section 5 of the act. ..... the provisions of section 320, merchant ship, ping act. ..... chant shipping act. ..... under clause 2 (c) of that section the provisions of the part are applicable to british {ships and their crew in matters of discipline in respect of all sea-going ships registered in british india while such ships are in british india. 8. s. ..... in our opinion the whole proceedings against the accused are without jurisdiction.7. ..... under that, the act applies to all bea going ships registered in the united kingdom and to the crew of such ships. ..... the fourteen petitioners were sentenced by a presidency magistrate to detention till the rising of the court and to forfeiture of one day's pay.2. .....

HanjIn Shipping (S) Pte Ltd. Vs. Prime Shipping Inc. Six.

Court : Kolkata

..... the limited liability suit was filed under the provisions of the merchant shipping act, 1958 by the said company limiting their liability as against 26 defendants amounting to rs.32,82,467.02/- that they deposited in court pursuant to an order passed by the learned single judge. ..... money would be distributed in according with law and in accordance with the provisions of the merchant shipping act, 1958 and rules framed thereunder. ..... we have examined the said order that was passed in consonance with the provisions of the merchant shipping act, 1958 in a limited liability action. ..... in a limited liability action the owner of a vessel is entitled to limit the liability that would be arising as against the vessel in contemplated question in section in case 352-a of and an b eventuality of the as merchant shipping act, 1968. ..... the judgment and order of the learned single judge would further depict, the defendant no.7 the appellant abovenamed challenged the authority of the representative representing the owner of the ship as according to them the original owner of the ship had already gone in liquidation and the official liquidator under the panamian law was supposed to be in-charge. ..... the defendant no.7 would say, they could not proceed with their suit filed as against the vessel or proceed with their counter-claim in view of an order of stay passed by the learned single judge on june 27, 2001. .....

Queen-empress Vs. Barton

Court : Kolkata

Reported in : (1889)ILR16Cal238

..... it was argued before us, that, under the provisions of the merchant shipping act, 1854, section 267, the prisoner should have been tried in every respect as if he had been tried at the central criminal court in london, and the cases of queen v. ..... the first of these is the section of the merchant shipping act, 1854, 17 and 18 vic, c. ..... and section 11 of the merchant shipping act, 1867, 30 and 31 vic, c. ..... having thus ascertained the general rule for the trial of offences committed within the jurisdiction of the admiralty, we come next to the particular provisions in the several merchant shipping acts which deal with cases which either do not or may not fall within the ancient jurisdiction of the admiralty.15. ..... the next act is the merchant shipping act, 1855, 18 and 19 vic, c. ..... the last enactment on the subject is contained in the merchant shipping act, 1867, 30 and 31 vic, c. ..... next in order of time comes the merchant shipping act, 1854, 17 and 18 vic, c. ..... the merchant shipping act, 1854, by no means contains the whole of the legislation on the subject, and when the whole of the enactments are considered, i think the matter is free from doubt.4 ..... the next statute on the subject is the merchant shipping amendment act, 1855, 18 and 19 vic, c. 91 ..... 96, and the merchant shipping amendment act, 1855, expressly provide that the court to which the jurisdiction to try the case is given, shall have the same jurisdiction as if the offence had been committed within the limits of its local jurisdiction .....

M.V. Mariner Iv, a Foreign Flag Vessel and Another Vs. Videsh Sanchar ...

Court : Mumbai

Reported in : 1998(2)ALLMR755; 1998(5)BomCR312; 1998(1)MhLj751

..... 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 executable against any property of the owner available within jurisdiction, including the security ..... the learned judge held that the provisions contained in sections 443 and 444 of the merchant shipping act, 1958, cannot be said to be the repository of the powers of arrest of a foreign ship. ..... ' thereafter in paragraph 79 the apex court has reproduced the text of sections 443 of the merchant shipping act, 1958.'80..... ..... ' after referring to the merchant shipping act, 1958 and indian bills of lading act, 1956 and the indian carriage of goods by sea act, 1925, the supreme court in para 84 of the judgment observed as under :'84..... ..... so far as the submission of shri venkateshwaran regarding the provisions of the section 443 of the merchant shipping act, is concerned, shri kotwal submitted that the merchant shipping act, cannot be construed as a repository of all the admiralty or other jurisdiction of the court. ..... he further contended that section 443 of the merchants shipping act, clearly indicates that it is only the offending ship which could be arrested. ..... he further contended that though the merchants shipping act, was enacted in 1958 i.e. .....