Judgment Search Results Home > Cases Phrase: merchant shipping amendment act 2002 section 14 amendment of section 317 Court: mumbai Page 6 of about 554 results (0.181 seconds)

Jerry Alex Braganza Alias Jeronimo Oriculo Alex Braganza and anr. Vs. ...

Court : Mumbai

Reported in : 2003(4)MhLj1034

..... suits, but that would not be the position under the act of 2002 as section 32 of the amendment act of 1999 will not apply to insofar as the amendment brought about by the act of 2002. my attention was invited to the judgment of the apex court in the case of dr. j. j. merchant and ors. v. shrinath chaturvedi, : [2002]supp1scr469 . ..... there the apex court was considering the provisions of the consumer protection act, 1986. it ..... civil procedure. however, neither order 5, rule 1, nor order 8, rule 1 has been the subject matter of the said suit. 7. the object of the amendment act, however, should not be frustrated. it is ultimately enacted with an object to avoid delays and to see to it that the written statements are filed as expeditiously as .....

Rekha Agarwal and Another Vs. Anil Agarwal and Others

Court : Mumbai

..... ) to give particulars of fraud and forgery and a permission to the claimant (i.e. respondent no.1 herein) to amend his pleadings after such particulars were furnished. 3. the basis of the application under section-16 was stated to be as ..... signed by all three partners and sent to itc limited, the principal with whom the firm had an agreement for distribution-ship; that after disputes arose between the parties, the petitioner filed a false police complaint that her signature on the letter ..... of the court to refer the disputes to arbitration and there is no absolute bar for such reference. 7. mr. merchant, the learned counsel appearing for the respondents, on the other hand, submits that the issue of forgery and fabrication of ..... held and directions were issued by the arbitrator. thereafter, respondent no.1 filed an application under section-16 of the act contesting the jurisdiction of the arbitrator to entertain the counter-claim. the alternative prayers claimed in that application were (a) .....

Shepherd Vs. the Trustees of the Port of Bombay

Court : Mumbai

Reported in : (1877)ILR1Bom132

..... decision with reference to the matters then before them, and that in sending up the resolutions to government they were only acting in pursuance of section 14 of their act. the learned judge, having then stated the amendment of the plaint and the subsequent proceedings, continued:2. had the present been simply an application to restrain by injunction ..... court of chancery to restrain, are such as where papers, documents, copies of books, etc., have come into the possession or knowledge of solicitors, agents, accountants, merchants' clerks, etc., in the course of their employment. the publication of such documents the court will restrain, as being a breach or abuse of the confidential relation by ..... of a libel merely, but by way of a protection of the commercial character of the plaintiff treating an injury to the commercial character and credit of a merchant as being in the nature of an injury to property. in the case, however, of the prudential life assurance company v. knott l.r. 10 ch. .....

M/S. Universal Marine and Another Vs. M/T Hartati and Another

Court : Mumbai

..... need not mean he is the registered owner. on the contrary registered owner or the owner in whose name the ship is registered would also be the beneficial owner unless otherwise proved. s. 25 (b) and (c) of the merchant shipping act, 1958 makes it very clear. it reads as under: 25. register book. every registrar shall keep a ..... had obtained ex-parte order of arrest on the ground that defendant no. 2 vessel owned the defendant no. 1 vessel and several other vessels. this was later amended to state that defendant no. 2 along with blt are the owners/beneficial owners/the entity which are in various fields (including defendant no. 1 vessel) formed part ..... effected upon the defendant no. 1 and her sister vessels...........? (emphasis supplied) 6 after obtaining the order of arrest, the plaintiffs had on leave being granted amended para 2 and the amended para 2 reads as under:- the defendant no. 1 vessel is a foreign flagged vessel which is currently in port and harbour mumbai. the defendant no .....

Video Master and Etc. Vs. Union of India (Uoi) and ors.

Court : Mumbai

Reported in : AIR1986Bom428; 1986(3)BomCR68; (1986)88BOMLR525; 1986MhLJ794

..... cassette as well as on its case).(2) the provisions of sub-rule (1) shall apply in relation to an amendment of certificate in respect of a film as it, applied in relation to the certificate itself.(3) the duplicate copy of ..... emotions and making powerful mental impact so much so the treatment of this form of art on a different footing with pre-censor ship may well be regarded as a valid classification, as was held in k.a. abbas, : [1971]2scr446 . may be ..... content. failing which some form of government restraint and control will be necessary to prevent the merchants from poisoning the minds of the susceptible. if the merchants are allowed to have unrestricted canto the most powerful image making device, like, video films and ..... appearing for the respondents has, therefore, rightly conceded before us that the word 'exhibition' as used in section 4(1) of the act will mean 'public exhibition' and will not cover private exhibition of the film. therefore by way of illustrations, it is conceded by .....

Oberoi Constructions Private Limited a Company Registered Under the Co ...

Court : Mumbai

Reported in : 2008(3)ALLMR546; 2008(3)BomCR408; (2008)110BOMLR951

..... subject has been placed in the 'concurrent list' (list iii). entry 17a reads thus:'entry 17a:- (f) forest' this has been inserted by the constitution (forty second amendment) act, 1976, section 57 ( with effect from 3rd january, 1977). the net result of this is that by virtue of articles 245 and 246 of the constitution of india, ..... with there was no section 34a defining the word 'forest'. therefore, the word 'land' found its place in section 35(3). section 34a introduced by the same amending act defined the word forest in an inclusive way. it included: (i) land satisfying the dictionary meaning of the word forest, (ii) land satisfying the description in the ..... officers of the government is not the stand of government. that apart, a similar argument was canvassed in the case of babaj kondaji garad and ors. v. nasik merchants cooperative bank ltd., nasik and ors. : [1984]1scr767 . the hon'ble supreme court rejected the same thus:the statutory provision has precedence and must be complied with .....

Ganesh Benzoplast Ltd., a Company Registered Under the Companies Act V ...

Court : Mumbai

Reported in : 2007(3)ALLMR418; 2007(4)ARBLR385(Bom); 2007(4)MhLj230

..... proceedings before the arbitrator, firstly at the time of filing of the statement of claim and that of defence by the parties and secondly, by way of amendment. section 7(4) of the said act reads thus: provisions of law read thus:7(4) an arbitration agreement shall be in writing if it is contained in (a) a document signed by ..... replace the contents of the charter party document which is the best evidence which could reveal the total quantity of the molasses which was required to be loaded in the ship in terms of the agreement between the parties. considering the same, no fault can be found with the finding arrived at by the arbitrator as well as the learned ..... to the letter dated 15-7-1996, it is sought to be contended that the appellants had never guaranteed pumping rate of rs. 200/ m.t. per hour in the ship and there was no concluded contract in that regard between the parties and hence the arbitrator could not have presumed existence of any such agreement between the parties. the award .....

Ghodawat Pan Masala Products (i) Ltd. and anr. Vs. State of Maharashtr ...

Court : Mumbai

Reported in : 2002(6)BomCR466; [2003]130STC310(Bom)

..... by way of sale or otherwise : (iii)..... section 3a. incidence of tax on tobacconist.--(1) on or after the commencement of the maharashtra tax laws (levy and amendment) act, 1995 (mah. act no. 16 of 1995), (hereinafter referred to as 'the commencement date') every tobacconist whose turnover of receipts made during :-- (i) the year ending on the 31st ..... registered dealer during the period commencing from july 1, 1981 and ending on a day immediately preceding the date of commencement of the maharashtra tax laws (levy and amendment) act, 1988 (maharashtra 9 of 1988), on a declaration furnished under section 8a shall not be deducted from such turnover ; (iii) resales of goods purchased by the ..... not saved by article 304(b) of the constitution of india. he also relied upon the judgment of the gauhati high court in the case of all assam zarda merchant association v. state of assam [1999] 115 stc 92, which deals with the levy of sales tax, with which we are not concerned in the present proceedings. .....

Rajabhau S/O Mahadeorao Rahate Vs. Dinkar S/O Shantaram Ingole

Court : Mumbai

Reported in : 2003(1)BomCR40; (2001)1BOMLR87; 2002(3)MhLj921

..... code of civil procedure by the high court and in the absence of any saving specifically made, it will have to be held that the provisions as amended by the amending act of 1999 shall apply to pending revisions also.26. that, moving the high court for exercise of jurisdiction under section 115 of the code of civil ..... that revision applications pending in this court will have to be dealt with from 1-7-2002 onwards only in accordance with the provisions of that section as amended by amendment act, 1999. he relied on the judgment of the supreme court in air 1976 sc 2610 for the proposition that the right of revision is not a substantive ..... is a right substantive in nature which cannot, therefore, be retrospectively affected.5. shri g.b. lohiya, learned advocate submitted that looking to the provisions of the amending act, it is obvious that the power of revision to be exercised by this court is seriously circumscribed and revision applications can hereafter be maintained only in cases where .....

Rajabhau Mahadeorao Rahate Vs. Dinkar Shantaram Ingole

Court : Mumbai

Reported in : 2002(4)ALLMR281

..... code of civil procedure by the high court and in the absence of any saving specifically made, it will have to be held that the provisions as amended by the amending act of 1999 shall apply to pending revisions also.26. that, moving the high court for exercise of jurisdiction under section 115 of the code of civil ..... , submitted that revision applications pending in this court will have to be dealt with from 1-7-2000 onwards only in accordance with the provisions of that section as amended by amendment act, 1999. he relied on the judgment of the supreme court in k. eapen chako v. the provident investment company (p.) limited a.i.r. 1976 s ..... is a right substantive in nature which cannot, therefore, be retrospectively affected.5. shri g.b. lohiya, learned advocate submitted that looking to the provisions of the amending act, it is obvious that the power of revision to be exercised by this court is seriously circumscribed and revision applications can hereafter be maintained only in cases where .....