Court : Mumbai
Reported in : AIR2000Bom333; 2000(3)ALLMR705; 2000(3)BomCR760
..... of government of india. the objects and reasons further sets out that as a prelude to depositing india's acceptance of the 1960 convention, it is necessary to amend the merchant shipping act, 1958 suitably. it is, therefore, clear that the amendment was brought out to be in conformity with the international convention for the safety of life at sea, 1960. the aim of the ..... introduced in 1966.what then was the object of the amendment. the statement of objects and reasons forms a part of the bill as introduced in the rajya sabha on 9th december, 1965. the statement of object and reasons sets out that the minimum standards laid down in the merchant shipping act, 1958 which merchant ships should comply with in the interest of safety of life .....
Tag this Judgment!Court : Mumbai
Reported in : AIR2002Bom371; 2002(2)ALLMR191; 2002(1)BomCR724; 2002(2)MhLj563
..... from 27th october, 1993- thus, act no. 68 of 1993 is a subsequent act enacted by the same legislature which enacted the d.r.t. act. by section 5 of the amending act, section 51 has been substituted. the original section ..... not be ousted because of the provisions of the d.r.t. act.9. it is to be seen that the d.r.t. act is enacted by the union parliament being act no. 51 of 1993 and it has come into force on 24th june, 1993. the merchant shipping act was extensively amended by the merchant shipping (amendment) act, 1993, no. 68 of 1993 and it has come into force .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1983Bom178; (1983)85BOMLR250
..... ratified by india nor was any effect given to the same in its municipal laws, despite the fact that the first merchant shipping act, 1958 was enacted when the u.s. a by its 1954 amendment, and the english parliament by its 1956 judicature act, gave effect to those conventions.15. now in order to test the correctness of these submission advanced by mr. meghani ..... in admiralty was stabilised as it existed at the time stabilised as it existed at the time of the passing of that act.23. the english merchant shipping act, of 1854 was repealed and repealed by the merchant shipping act, 1894, subsequently followed by the merchant shipping act,, of 1897, 1906, 1921 and 1937, however, inasmuch as the jurisdiction of the bombay high court as an admiralty court was stabilised .....
Tag this Judgment!Court : Mumbai
Reported in : 2000(1)ALLMR146; 2000(1)BomCR781; 2000(2)MhLj198
..... the provisions relating to a certificate of service as they apply in relation to a certificate of competency.'6. section 80 was repealed by the merchant shipping (amendment) act, 1986 (no. 33 of 1986) with effect from 14th august 1987. several officers of the indian navy, who had attained the substantive rank of sub- ..... writ petition no. 783 of 1998, was commissioned in indian navy as sub-lieutenant on 1-1-1985.5. section 76 of the merchant shipping act, 1958 provides that everyindian ship, other than a home-trade ship of less than 200 tonnes grossengaged in coasting trade of india, when going to sea from any port or place,shall be provided with ..... application for getting the certificate and that the subsequent procedure prescribed to get delivery of the certificate under section 80(5) or (6) had been deleted by the amending act, 1987, but the right itself had not been annulled; that the right continued to be in existence and the certificate could be obtained by filing an application. .....
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 : 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 : 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 : 2002(2)MhLj685
..... board has clarified that after the amendment made in section 6 of the income tax act 1961 by the finance act, 1990 with effect from 1-4-1990 an indian citizen who is the member of a crew of an indian ship as defined in section 3(18) of the merchant shipping act, is regarded as resident in ..... department relied upon the provisions of the merchant shipping act. wedo not find any merit in the said contention. the provisions of the merchantshipping act are not in pari materia to the provisions of the income tax act.the said merchant shipping act is not even a fiscal legislation. the provisions ofthe merchant shipping act are essentially invoked in cases of accidents ..... from indian territorial waters. he contended that provisions of the merchant shipping act has no application to the facts. he contended that scope of the merchant shipping act is quite different from the provisions of income tax act. he contended that the purpose of income tax act was to tax the income and in that connection one has .....
Tag this Judgment!Court : Mumbai
Reported in : (2001)165CTR(Bom)404; [2001]247ITR247(Bom)
..... board has clarified that after the amendment made in section 6 of the income tax act , 1961 by the finance act, 1990 with effect from 1.4.1990 an indian citizen who is the member of a crew of an indian ship as defined in section 3(18) of the merchant shipping act. is regarded as resident in ..... department relied upon the provisions of the merchant shipping act. we do not find any merit in the said contention. the provisions of the merchant shipping act are not in pari materia to the provisions of the income tax act. the said merchant shipping act is not even a fiscal legislation. the provisions of the merchant shipping act are essentially invoked in cases of ..... from indian territorial waters. he contended that provisions of the merchant shipping act has no application to the facts. he contended that scope of the merchant shipping act is quite different from the provisions of income, tax act. he contended that the purpose of income tax act was to tax the income and in that connection one has .....
Tag this Judgment!Court : Mumbai
Reported in : 2002(2)BomCR537
..... mandatory and should be considered as a 'necessary' for a vessel. he referred to the inland vessels act, 1917 (amendment in 1977), the merchant shipping act, 1956 (amendment in 1983) and the multimodal transportation of goods act, 1993 (amendment in 2000) to show the trend of domestic legislation in india towards making insurance compulsory and mandatory ..... for ships and multimodal transport operators and submitted that there is no good reason for holding that insurance is ..... this sub-section shall be construed as extending the cases in which money or property is recoverable under any of the provisions of the merchant shipping acts, 1894 to 1979.'this jurisdiction is wide enough to cover all claims in tort or contract arising out of any agreement for carriage .....
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