Judgment Search Results Home > Cases Phrase: merchant shipping amendment act 2002 section 4 amendment of section 95 Court: mumbai Page 11 of about 1,003 results (0.557 seconds)

Sudhakar Waman Chavan and ors. Vs. State of Maharashtra and ors.

Court : Mumbai

Reported in : 2003(1)ALLMR527; 2003(4)BomCR239; 2003(1)MhLj631

..... all pertain to elections to the ward committees of thane municipal corporation under section 29a of the bombay provincial municipal corporations act, 1949, herein-after referred to as the 'act'.3. by the constitution 74th amendment act of 1992, parliament introduced part 9a to the constitution with the object to promote and strengthen the concept of self ..... chitalsar-manpada ward committee. this order is purported to have been passed in exercise of powers under section 451(3) of the act. writ petition no. 4674 of 2002 was then amended by the petitioners and the order of the chief minister dated 2-8-2002 was also challenged. thereafter writ petition no. 4789 ..... committees in all municipalities having population of more than three lacs. pursuant to the mandate of article 243-s, state legislature has introduced section 29a in the act by maharashtra act 41 of 1994. section 29a inter alia provides as follows :'29-a : constitution of wards committees; 1) in every city, there shall be constituted .....

Panduronga Timblo Industries, a Partnership Firm Duly Registered Under ...

Court : Mumbai

..... with the following observations:all the discussions herein above show that he has exercised inherent powers in exceptional circumstances as the relevant acts do not provide for procedure of amendment.5. these observations as well as the observations made by the additional rent controller regarding the application of code of civil procedure ..... the proceedings before the rent controller except as provided by the said act, and secondly whether the rent controller has inherent powers to allow amendments to the pleadings.6. taking this court through the scheme and the relevant provisions of the said act, rules there under, provisions of mamlatdar's court and the rules ..... of treating the informal petitions as plaints. complete survey of the said act regulating the powers and procedure in mamlatdar's court brings forth no express provision regarding amendments to the pleadings. section 25 of the mamlatdar's court act indicates that government has a power to invest the mamlatdar with such powers .....

Chairman, M.S.E.B. and ors. Vs. Maharashtra Rajya Vidhyut Mandal and o ...

Court : Mumbai

Reported in : 2003(1)BomCR358; [2002(95)FLR1075]; 2002(3)MhLj393

..... dispute before the civil court is such that it may form the subject matter of the complaint under the mrtu and pulp act, 1971, the act provides that the civil court shall not exercise the jurisdiction to entertain a suit. the grievance of the respondent as the averments ..... and appeals, upon appeals and revisions applicable to civil courts. indeed, the powers of the courts and tribunals under the industrial disputes act are far more extensive in the sense that they can grant such relief as they think appropriate in the circumstances for putting an end ..... be read into item 9. apart from the aforesaid consideration, a reference must be made to section 2(k) of the industrial disputes act, 1947 which defines the expression 'industrial dispute' to mean any dispute or difference between employers and employers or between employers and workmen, or ..... d.y. chandrachud, j.1. leave to amend. amendment to be carried out forthwith.2. rule, returnable forthwith. respondents waive service. by consent taken up .....

Antonio R. Borges and ors. Vs. Union of India (Uoi), Through Its Secre ...

Court : Mumbai

Reported in : 2003(4)BomCR529

..... the surveyor-in-charge, captain k.p. jayakumar, which had the effect of discharging the petitioners from their services. the order was based on the provisions of the merchant shipping act, 1958. the petitioners have also challenged the enquiry sought to be initiated against them pursuant to the letter dated 1st august, 2001.3. the facts giving rise to this ..... and that the enquiry would be held on 13th august, 2001. they did not take part in the enquiry and have filed this petition.5. the petition was further amended and prayers for quashing and setting aside the enquiry proceedings and the order passed by the surveyor-in-charge of respondent no. 3, at annexure 'j' and for ..... pertinent to note that eventhough this ground was included in the petition by way of amendment, no specific provision of the act of 1958 or the rules is quoted in support thereof as to how it is without jurisdiction. however, section 95(3) of the act of 1958, was shown to us which gives powers to the central government to .....

Pratap Krishan Rew Vs. Director General of Shipping and ors.

Court : Mumbai

Reported in : 1992(3)BomCR367

..... are also other objects'. it also indicated an other object 'to provide for the registration of indian ships and generally to amend and consolidate the law relating to merchant shipping'., vessels registered in india and required by the act to be so registered, apart from the categories covered by sub-clause (c) of section 2 are ..... covered by the act. sub-clause (9) defines a 'distressed seaman'. 'indian ship' is defined under section 2(18). 'proper officer ..... natural craving now gets an additional impetus, arising from the economic needs and occupational requirements. even when we dissect the provisions of the merchant shipping act, and the rules provided thereunder, the human element, visible from the pages of the history, and forming the background of some of the international statutes .....

Shirish Finance and Investment (P.) Ltd. Vs. M. Sreenivasulu Reddy

Court : Mumbai

Reported in : 2002(1)BomCR419

..... granting or setting aside the order granting interim relief. such an application is not to be adjourned to the hearing of the suit. the provisions of the maharashtra amendment act were imperative and nobody has a choice to conduct the proceedings in the suit contrary to the directions of the legislature. in meher singh v. deepak sawhney ..... the management of the funds of the company; (iii) directors of companies, referred to in clause (i) and his associates; and (iv) mutual fund, financial institution, merchant banker, portfolio manager, and any investment company in which any person has an interest as director, fund manager, trustee, or as a shareholder having not less than 2% ..... and show the transactions in their true light. 62. in baldev krishna sahiv. shipping corpn. of india ltd. air 1987 sc 2245, a question arose as to whether the term 'officer or employee' in subsection (1) of section 630 of the act must be interpreted to mean not only the existing officer and employee of the company .....

P.B. Abdul Rehman and ors. Vs. Director General of Shipping and ors.

Court : Mumbai

Reported in : 1994(1)BomCR134; (1993)95BOMLR239

..... worked as seamen without any c.d.c. and they should not be considered now for the issue of a c.d.c. under the merchant shipping act. however, section 102 prior to its amendment in 1984, permitted a seaman who was not a holder of a certificate of discharge or a continuous certificate of discharge issued in india to ..... . rules of 1960. the ratio of the judgment is grounded on the interpretation of the c.d.c. rules of 1960 read with the provisions of the merchant shipping act, 1958. we do not see any reason why this ratio should be confined only to former naval seamen as urged by the respondents and cannot apply to other ..... petitioners who have received a rejection letter, the grounds set out are, inter-alia, that the petitioners are not seamen as defined under section 3(42) of the merchant shipping act, 1958. the other grounds are that they do not possess the requisite qualifications regarding age, education, physical fitness and training. the petitioners have challenged such rejection of their .....

Dallah Albaraka Investment Co. Ltd. Vs. Mt symphony 1 Ex. Mt arabian L ...

Court : Mumbai

Reported in : 2005(5)BomCR589

..... in respect of any vessel the said mortgage has to be duly registered according to the provisions of the merchant shipping act, 1854 and now the said merchant shipping act, 1854 has since been replaced by the provisions of the merchant shipping act, 1958. it has been contended that unless mortgage of the said vessel is duly registered under the ..... learned counsel for the defendant nos. 2 to 4 under section 11 of the admiralty court act, 1861 there has to be a registration of the mortgage of the ship under the merchant shipping act, 1958. the provisions of the merchant shipping act, 1958 apply only to the indian vessels and have no application to the mortgages registered abroad ..... nos. 2 to 4 has contended that this court would have jurisdiction only if either the said foreign vessel is registered under the provisions of the merchant shipping act, 1958 or if the accredited representative of the foreign state has intervened and consented to the exercise of such jurisdiction or in an event if .....

Raj Harsh Sud and ors. Vs. Union of India (Uoi) and ors.

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 .....

M. Sreenivasulu Reddy and ors. Vs. Kishore R. Chhabria and ors.

Court : Mumbai

Reported in : [2002]109CompCas18(Bom)

..... of debenture holders as they apply in relation to the rectification of the register of members'.' 170. on january 17, 1986, the securities contracts (regulation) (amendment) act, 1985 (40 of 1985) came into force which inserted new section 22a to emphasise free transferability and registration of shares and making provision with respect to the ..... of the funds of the company ;(iii) directors of companies, referred to in clause (i) and his associates ; and(iv) mutual fund, financial institution, merchant banker, portfolio manager and any investment company in which any person has an interest as director, fund manager, trustee, or as a shareholder having not less than ..... mr. nariman relied upon another judgment of the supreme court in the case of baldev krishna sahi v. shipping corporation of india ltd., : (1988)iillj202sc . that was a case under section 630 of the companies act which makes officers of a company liable for wrongfully withholding the company's property. it was canvassed before .....