Court : Mumbai
Reported in : 1996(2)BomCR293
..... the respondent no. 2 shall make arrangement for medical examination of the petitioners as contemplated under rule 4(4) of the merchant shipping (continuous discharge certificates) rules, 1993 as amended read viz. merchant shipping (medical examination) rules, 1986. there is a consensus at the bar that this order of the court has been duly ..... under the above referred rules concerning issue of continuous discharge certificate. section 99 of the merchant shipping act, 1958 provides that no person shall engage or carry to sea any seaman under the act in any ship, except a home-trade ship of less than two hundred tons gross, from any port in india unless the ..... seaman is in possession of a certificate of discharge or a continuous certificate of discharge issued under part vii of the merchant shipping act, 1958. the respondents have declined to issue 'continuous discharge certificate' in favour of the petitioners on the ground that the petitioners have not complied .....
Tag this Judgment!Court : Mumbai
Reported in : [1997(75)FLR180]; (1998)IIILLJ231Bom
..... fact the evidence on record shows that after the work force was reduced there was an increase various savings, which can be seen from the evidence of shri merchant himself. shri merchant in his evidence stated that the company saved per month on over-time rs. 65,000/- on contract labour rs. 50,000 on inspection, smoking and sorting ..... both parties and the award made by the tribunal are not rendered redandent. it may be mentioned that on behalf of the company, before the industrial tribunal, shri merchant has been examined as their only witness and on behalf of the union shri vora and another witness were examined. certain documents were also produced through some witnesses ..... to be the same'. the provisions of section 25(o) were first introduced by act 32 of 1976 with effect from 5th march 1976. the said amendment was struck down by the apex court in the case of excel wear. thereafter the parliament enacted act 46 of 1982 with effect from 21st august 1984 whereby section 25(o) was introduced .....
Tag this Judgment!Court : Mumbai
Reported in : 1997(4)ALLMR133; 1997(2)BomCR389
..... , court below seriously erred in holding that consent of the charity commissioner was required under section 51 of the bombay public trust act before amendment could be allowed. according to him amendment in the title was only descriptive and by that it cannot be said that any change of the character of the suit was ..... trustee in the trust, and, mr. jagdish thackerey 5th defendant. shri vijay merchant found that these persons have committed gross breach of trust and had also misconducted themselves in collusion to the prejudice of the trust. the plaintiffs alleged that ..... plaintiffs are the persons having interest in the said public trust and all of them are beneficiaries of the said trust. according to plaintiffs, shri vijay merchant prior to his death discovered certain irregularities committed on trust by 4th defendant sudhir thackerey in active collusion with his brother chandrahas thackerey who is not a .....
Tag this Judgment!Court : Mumbai
Reported in : 1997(3)ALLMR620; 1997(4)BomCR10
..... the certificate of service in the appropriate form prescribed in that behalf.5. section 80 of the act was repealed by the merchant shipping (amendment) act, 1986 (no. 33 of 1986) with effect from 14th august, 1986. section 5 of the amending act contains a saving clause and it reads as follows :'for the removal of doubts, it is hereby ..... declared that the amendments made in the principal act by this act shall not apply to, or in relation to, ..... in the executive branch of the indian navy are entitled to a certificate of service as the master of a foreign going ship without examination under section 80(1) of the merchant shipping act, 1958 (act for short) after repeal of the said section on 14th august, 1986, is the short but interesting question which falls for .....
Tag this Judgment!Court : Mumbai
Reported in : 1997(2)BomCR488
..... l. verma, joint secretary to the government of india, specially empowered under section 3(1) of the conservation of foreign exchange and prevention of smuggling activities act, 1974 (as amended) am satisfied with respect to the person known as shri suresh dhansiram agarwal, 28, ashwamegh bungalow satellite road, ahmedabad-13 that with a view to ..... section 3. however, this court came to the conclusion that no such compelling reasons, for representation to be dealt with by another officer, existed in madhurika merchant's case. we have already indicated above that shri verma had proceeded only on a short casual leave from monday, the 18th march to friday, the 22nd ..... of another concern of ashok pokharkar viz. amit garments were also searched and a large number of documents were taken over. statements of employees of amol shipping agency were recorded. ashok pokharkar's statements were recorded on various dates between 1st august, 1995 and 27th october, 1995. ashok pokharkar's brother vasant .....
Tag this Judgment!Court : Mumbai
Reported in : 1997(4)ALLMR590; (1997)99BOMLR651
..... steam. navigation v. shanmughavilas cashew : 1990(48)elt481(sc) reference in this respect is also made to certain decisions of the english court in the light of provisions of uk merchant shipping act of 1854. to mention one or two such cases are: (i) cope v. doherty (1858) 2 dj. 614 and (ii) the amalia (1863) 1 n.s. 471. ..... b) which read as under:(a) that this hon'ble court be pleased to declare that the plaintiffs are entitled to limit their liability under the provisions of the indian merchant shipping act, 1958 in the sum of rs. 3,32,88,597/- (as per the particulars thereof at exhibit 'j' to the plaint and no more in respect of the ..... way of amendment in the year 1971 and of statements and objects and reasons in para 4 there is clear reference made to the international convention. the supreme court in elisabeth's case has also recognized and accepted the said position. in the context of dispute para 78 of the said judgment will be relevant:78. the merchant shipping act, 1958 contains .....
Tag this Judgment!Court : Mumbai
Reported in : 1998(2)ALLMR351; (1997)99BOMLR187
..... (supra). in this case the court of appeal was considering a very similar matter to the present case. the plaintiffs, an english company, were wholesale wine merchants. in 1951 the plaintiffs entered into an agreement with the first defendants (bertola) a company incorporated in spain, whereby bertola granted the plaintiffs sole agency and distribution ..... . in support of his submissions, the learned counsel for the plaintiffs has relied upon the judgments reported (i) owners of cargo lately laden an board ship or vessel eleftheria v. owners of ship or vessel eleftheria (1969) 2 all er 641 (ii) evans marshall v. bertola sa (1973) 1 all er 992 and (iii) on halsbury' ..... 1995 written by the plaintiffs to defendants no. 1 asking for confirmation as to whether the amendment suggested was acceptable to the defendants. thus it becomes obvious that there was no concluded contract, section 7 of the indian contract act reads as under:7 acceptance must be absolute-in order to convert a proposal into a .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1998Bom157; 1998(2)ALLMR207; 1998(1)BomCR214
..... to penalties)shall apply in relation to a certificate of service as they apply in relationto a certificate of competency.' the aforesaid section was deleted by the merchant shipping (amendment) act, 1986.section 5 of the said act 33 of 1986, which is a saving section, reads as under :---'5. for the removal of doubts, it is hereby declared that the amendmentsmade in the principal ..... dated 5th/6th december, 1996 passed by the learned single judge, directing the appellants to grant certificates of service as provided under section 80(1) of the merchant shipping act, 1958 (hereinafter referred to as 'the act'), to the respondents, who have attained the rank of lieutenant in the executive branch of the indian navy prior to 14th august, 1986. section 80 of the .....
Tag this Judgment!Court : Mumbai
Reported in : 1998(2)ALLMR755; 1998(5)BomCR312; 1998(1)MhLj751
..... 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. much after the brussels convention of 1952 and although the act was amended 14 times, no amendment was carried out in the act to bring it in ..... code principles accepted and recognized under the international common law or brussels convention could be resorted to. the court in filling up the lacuna in merchant shipping act, can override the procedural technicalities. the learned judge observed that this has been said by the apex court after recognizing the fact that india ..... on the subject. in the absence of a general maritime code, these principles aid the courts in filling up the lacunae in the merchant shipping act and other enactments concerning shipping. 'procedure is but a handmaiden of justice and the cause of justice can never be allowed to be thwarted by any proceduraltechnicalities.' s .....
Tag this Judgment!Court : Mumbai
Reported in : 1998(2)BomCR798
..... difficult to accept this submission of mr. desai. if one interprets the word 'indigent person' as defined in order xxxiii, rule 1 read with explanation 1 of the bombay amendment, a person is an indigent person, if;'(a) he is not possessed of sufficient means (other than property exempted from attachment in the execution of the decree and the ..... and the expenses which he was constrained to incur towards his treatment were very high.10. mr. ketan parikh, appearing for defendant nos. 1 and 2, so also, mr. merchant, appearing for defendant no. 3, vehemently argued that the fact that some outsiders like mr. kulkarni, mr. jain and mr. stanly were coming to teach the students at the ..... defendants that such a plaintiff should not be allowed to go on with the suit without making him pay the court fees as per the provisions of the court fees act, by de-pauperising him.21. mr. desai for plaintiff, argued that once the prothonotary and senior master had given a finding in plaintiff's favour, and when once .....
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