Court : Kerala
Reported in : AIR1965Ker239; 1965CriLJ646; (1966)ILLJ495Ker
..... 395). 10. the remedies of stevedores--and of trimmers of coal on board ships--having claims for work done in connection with the stowing or discharging of ships' cargoes were enlarged by the (english) merchant shipping (stevedores and trimmers) act, 1911. sub-section (1) of section 1 of that act provides : 'if it is claimed that any sum is due to any ..... is guesswork with what material the legislature would, if it had discovered the gap, have filled it in. if a gap is disclosed, the remedy lies in an amending act. (magore and st. mellons rural district council v. newport corporation, 1951-2 all e r 839).13. a stevedore is a mere handler of goods in the ..... such is the case. if the government wants to bring the establishment of stevedores within the ambit of the employees' provident funds act, 1952, there is no doubt that what it should do is to amend the notification, and not attribute impossible meanings to familiar words and stretch the sense beyond the breaking point. 8. the stevedores are .....
Tag this Judgment!Court : Kerala
Reported in : AIR1977Ker113
..... 9th edn. (1972) vol. i footnote 3 at pp. 179, 184 and 194). to mention only a few, such provisions are found in the railways act, the presidency small cause courts act, the factories act, the merchant shipping act, etc.8. chapter ix of the i.p.c. is entitled: 'offences by or relating to public servants', and comprises of sections 161 - 171. in ..... in clauses (1) to (9) and (11) and (12) of the i.p.c., nor even clause (10) thereof. the decision did not notice the amendment effected by the state amendment act 27 of 1962. we agree with the division bench ruling in sahadevan's case (1976 ker lt 134): (1977 cri lj 637) that the learned judge's decision ..... ruling of this court in sahadevan v. state of kerala (1976 klt 134). the questions raised are: whether the special judge trichur, appointed under the criminal law amendment act 1952 had jurisdiction to try the cases in question in respect of the offences charged; and whether the reasoning and the conclusion of the division bench ruling in 1976 .....
Tag this Judgment!Court : Kerala
Reported in : II(1993)ACC259; 1993ACJ343; [1993]77CompCas134(Ker)
..... a particular amount. such limitations in the quantum of liability of the insurance company were there--for example, in sections 502 and 503 of the u. k. merchant shipping act, 1894. if the legislature wanted the insurance company to be initially liable for the whole amount nothing precluded the legislature from saying so clearly. the learned judge further ..... insurance company covered 'liability under chapter viii of the motor vehicles act, 1939'. the facts were that the policy was issued on may 31, 1969, for the period from june 30, 1969, to june 29, 1970. section 95(2)(a) was amended by the motor vehicles amendment act (56 of 1969) by which the particular coverage under the ..... statutory liability was increased from rs. 20,000 to rs. 50,000. the said amendment came into force on march 2, 1970. the contention for the claimants was that .....
Tag this Judgment!Court : Kerala
Reported in : AIR1960Ker335; 1960CriLJ1455
..... . mellon, (1922) 67 law ed. 894 at p. 902, the supreme court of america while holding that the national prohibition act applied to foreign vessels summarised the position in these words :'a merchant ship of one country, voluntarily entering the territorial limits of another, subjects herself to the jurisdiction of the latter. the jurisdiction attaches in ..... so that section 167 (81) that had been added by act xxi of 1955 to the sea customs act would not be part of the foreign exchange regulation act, as section 23a of the latter, which had incorporated the earlier act into the latter, was added by the amending act viii of 1950. (iii) the bare fact of the indian ..... earlier enactment be referred to by later, the earlier becomes walled, and because of such incorporation any subsequent amendments of the earlier enactment are excluded from the referring act. the question in each case is therefore which act has been so incorporated. it is also clear that if the reference be by fiction that should be .....
Tag this Judgment!Court : Kerala
Reported in : (1987)62CTR(Ker)66; [1987]166ITR1(Ker)
..... place within the period of eight years. accepting that contention, the appellate assistant commissioner found that the relevant provisions of the merchant shipping act being mandatory, no sale could have occurred until the requirements of those provisions were satisfied. he thus held that the sale ..... as contended by the assessee, on march 29, 1974, when the sale was actually completed in accordance with the provisions of the merchant shipping act. the officer accordingly by his order dated march 16, 1977, treated the amount representing the development rebate as part of the assessee ..... ship was acquired.....the ship..... is sold orotherwise transferred by the assessee to any person other than the government..... ; or..... the development rebate originally allowed shall be deemed to have been wrongly allowed, and the income-tax officer may, notwithstanding anything contained in this act, recompute the total income of the assessee for the relevant previous year and make the,necessary amendment .....
Tag this Judgment!Court : Kerala
Reported in : (1998)149CTR(Ker)248
..... was given to the supporting manufacturers also provided they produce a disclaimer certificate from export houses. in 1989 the section was amended substantially exempting the entire profits derived from the export and for the first time it makes express provision for dividing the ..... the exports made by the assessee the export houses will be entitled to claim all the benefits accruing to eligible merchant exporter under the terms of the import trade control policy. there is also a clause in respect of the drawback ..... assessees' bank, as insisted by the assessees. the assessees have to complete all formalities with regard to export and to ship the goods under bills of lading and the documents are completed by the assessee 'on account of the export houses'. ..... 1983-84, these was no specific provision for enabling the supporting manufacturers to claim this benefit. the scheme of the act is clear that the benefits can be availed only by one party and simultaneously cannot be claimed by export houses .....
Tag this Judgment!Court : Kerala
Reported in : [1974]94ITR179(Ker)
..... accounting periods are those that ended on the 31st july, 1959, and the 31st july, 1960, respectively. the assessee, an individual, had been carrying on business as timber merchant and was also running a saw mill under the style ' the seeyan saw mills'. on the 1st august, 1960, he formed a partnership with his wife and his manager ..... originally allowed shall be deemed to have been wrongly allowed, and the income-tax officer may, notwithstanding anything contained in this act, re-compute the total income of the assessee for the relevant previous year and make the necessary amendment; and the provisions of section 154 shall, so far as may be, apply thereto, the period of four years specified ..... been placed on any clause of sub-section (2) of section 297 as authorising action being taken under the act. i shall now read section 34(3)(b) and section 155(5) of the act.' 34. (3)(b) if any ship, machinery or plant is sold or otherwise transferred by the assessee to any person at any time before the .....
Tag this Judgment!Court : Kerala
Reported in : [1999]238ITR542(Ker)
..... to the supporting manufacturers also provided they produce a disclaimer certificate from the export houses. in 1989, the section was amended substantially exempting the entire profits derived from export and for the first time it makes express provision for dividing the exemption ..... the exports made by the assessee the export houses will be entitled to claim all the benefits accruing to eligible merchant exporter under the terms of the import trade control policy. there is also a clause in respect of the draw ..... assessees' bank, as insisted by the assessees. the assessees have to complete all formalities with regard to export and to ship the goods under bills of lading and the documents are completed by the assessee 'on account of the export houses'. ..... 1983-84, there was no specific provision for enabling the supporting manufactures to claim this benefit. the scheme of the act is clear that the benefits can be availed only by one party and simultaneously cannot be claimed by export houses and .....
Tag this Judgment!Court : Kerala
Reported in : AIR1960Ker75
..... against mr. rawlins. who was described as the manager jodhpur railway.'the suit before us as already pointed out was before the amendment only a suit against 'tulsidas mulji, son of mulji vishram trading under the name and style of vishram khimjee' and his tindal ..... be recovered back', and all their lordships seem to have been influenced by the fact thet it was the practice for the merchant to insure prepaid freight, and, indeed, of the shipowner to make an allowance for thet purpose.'in view of the ..... same case lord porter dealt with the rule as follows:'it is the thet advance freight by long custom cannot be recovered though the goods shipped are never delivered. byrne v. schiller, (1871) 6 ex 319; and allison v. bristol marine insurance co., (1876) 1 ac ..... rule of english mercantile law by which advance freight is not recoverable 'if the delivery of the goods is prevented by the act of god, perils of the seas or ofher excepted cause which excludes an action of damages'. the words quoted are of .....
Tag this Judgment!Court : Kerala
Reported in : (1997)ILLJ6Ker
..... the service of respondents 2 to 4. respondents 2 to 4 have a further case that the petitioners have efficacious alternative remedy under section 150 of the merchant shipping act, 1958 for redressal of their grievances. the first respondent, state has also filed a counter affidavit in which the stand taken is that the petitioners are ..... petition is not maintainable inasmuch as the petitioners have efficacious alternative remedy under section 150 of the merchant shipping act. but learned counsel for the petitioners brought to my notice the provisions of chap. xv-a of the said act and in particular section 435b wherein it is provided that the central government, may by notification in ..... specified in the notification. admittedly, no notification has been issued by the central government under this section. therefore, section 150 of the act which deals with resolution of dispute between seamen and employers has no application to the petitioners.8. that apart, even assuming that section 150 of the .....
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