Judgment Search Results Home > Cases Phrase: merchant shipping act 1958 section 88 power to classify seamen Page 1 of about 29 results (0.089 seconds)

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 this context sections 20 and 405, merchant shipping act, 1958 has been referred. ..... (f) cargo ship safety radio telegraphy certificate dated 29-9-1986 issued under section 301 (a) of the merchant shipping act, 1958. ..... (e) cargo ship safety equipment certificate dated 29-9-1986 issued under section 300(1)(a) of the merchant shipping act, 1958. ..... (c) cargo 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. ..... they drew the distinction between the vessels "maratha transhipper" and imported vessel namely "maratha deep" and pleaded that the vessel maratha deep was classified correctly as ocean going vessel and would be eligible for duty exemption in terms of the said notification. ..... 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 carrying bulk cargo from australia. .....

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 law ..... elisabeth (supra) recognises the multiplicity of sources of admiralty jurisdiction & powers, and says that 'any attempt to confine admiralty or maritime law within the bounds of statutes is not only unrealistic but incorrect' that sections 443 and 444 of the merchant shipping act, 1958 are not in derogation of but supplemental to the admiralty jurisdiction and the leontas judgment is not in consonance with the correct reading of m.v. ..... , the merchant shipping act, 1958, enacted after brussels convention of 1952, in section 443 recognises the jurisdiction of arrest only against the offending ship, and that thus the legislature of india deliberately did not confer statutory power of arrest of sister ship.6. ..... thus, i shall have to say that the provisions contained under section 443 and 444 of the merchant shipping act, 1958 cannot be said to be the respository of the powers of arrest of a foreign ship. .....

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 ..... even if learned counsel for the revenue is right in contending that the deep sea matdrill is not a ship, we do not think that exercise of power under section 263 of the act by the commissioner would be justified only because the assessing officer has taken a view in favour of the assessee. ..... deduction u/s 33ac is allowable in respect of a barge with the drilling rig over it which can be moved from place to place and therefore, cit was not justified in exercising power u/s 263 on the ground that the barge is not a ship and assessees claim for deduction u/s 33ac has been wrongly allowed; question whether the conditions laid down in ss80ia(3) and 80-ia(4) are fulfilled by the assessee are essentially question of fact and the ao having allowed .....

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

Court : Kolkata

Reported in : 2005(1)CHN369

..... 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. ..... ship or vessel, or the proceeds thereof are under arrest of the high court of admiralty, the said court shall have the same powers as are conferred upon the high court of chancery in england by the 9th part of 'the merchant shipping act, ..... admiralty shall have jurisdiction over any claim in respect of any mortgage duly registered according to the provisions 'the merchant shipping act, 1854', whether the ship or the proceeds thereof be under arrest of the said court or not.12. ..... all the provisions of 'the merchant shipping act, 1854', in regard to salvage of life from any ship or boat within the limits of the united kingdom shall be extended to the salvage of life from any british ship or boat, wheresoever the services may have been rendered and from any foreign ship or boat, where the services have been rendered either wholly or in part ..... order is available, all parties and the marshall will act on counsel's endorsements and on such basis fax messages might be sent to the port at andhra pradesh and on that basis the ship and the goods might also leave the territorial waters ..... second point was whether in exercise of the court's jurisdiction under section 9 of the arbitration and conciliation act, the learned judge was right in ordering to this effect that unless .....

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 ..... the 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 metropolitan magistrate ..... , contention of the counsel for the petitioner that proceedings under section 145 of merchant shipping act were summary trial, cannot be accepted. ..... to protect the seamen such provisions have been made in the merchant shipping act, from section 114 onwards. ..... power is conferred upon metropolitan magistrates to try not only cases under criminal procedure code, but also under those special acts and, therefore, all the provisions of the criminal procedure code are not automatically attracted in such matters.5 .....

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

Court : Delhi

..... seeking 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 ..... in the first place, the five issues formulated in paragraph 17 of communication dated 2nd february, 2011 are not covered within the sweep of section 150 as it cannot be said to be dispute between union of seamen and the owners of the ships relating to any matter connected with or incidental to the employment of the seamen. ..... answering these issues will be nothing short of resolving the dispute between the two rival unions interse and not adjudication of dispute between the union of seamen and the owners of the ships in relation to any matter connected with or incidental to the employment of the seamen as such. ..... sub-section (1) of section 150 refers to disputes between seamen or any class of seamen or of any union of seamen and the owners of ships in which such seamen are employed or are likely to be employed and exits or is apprehended. ..... it further provides that such dispute must relate to any matter connected with or incidental to the employment of the seamen. .....

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

Court : Mumbai

Reported in : AIR1983Bom178; (1983)85BOMLR250

..... meghani where power to detain a foreign ship is given, it is so provided in the act itself and that the merchant shipping act of 1958, being confined only to adjudication pertaining to mortgages of india vessels whose mortgages are restored in india, cannot be made applicable to a case as the instant one, where the mortgage is in respect of a foreign vessel and the ..... 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 would not ..... 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 ..... 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)

..... first he argued that the impugned notification has been made under section 11 of the merchant shipping act, 1958. ..... and facilitate the engagement 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 ..... section 11(2) envisages that shipping masters, deputy shipping masters and assistant shipping masters shall exercise their powers and discharge their duties subject to the general control of the central government or of any intermediate authority which the central government may specify in this behalf. ..... gsr-1056(e) dated 19.12.1989 in exercise of the powers under section 11 of the merchant shipping act. ..... the government of india, ministry of surface transport, has conferred powers of shipping master to the director of shipping services vide notification no. .....

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

Court : Kolkata

Reported in : 2007(3)CHN203

..... 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 ..... they were allowed to opt for the service conditions under the merchant shipping act. ..... moreover such requirement was in terms of section 456 of the merchant shipping act and could not be waived under any ..... 72 seamen were allow to exercise their option to be governed by the provisions of merchant shipping act. ..... 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 ..... we are told that all other seamen had undergone such course barring these five seamen who are pursuing their litigations before this ..... most of the seamen had undergone such course and obtained ..... such view of the matter, the authorities may entrust the job of watch keeping to other seamen on board. ..... writ petitioners were working as seamen. .....

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

Court : Mumbai

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

..... the learned 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) insteedman v. ..... in 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 innavigation. ..... 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 compel the ..... a jet ski is capable ofmovement on water at very high speed under its own power, but its purpose is not togo from one place to another. .....