Judgment Search Results Home > Cases Phrase: merchant shipping amendment act 2002 section 4 amendment of section 95 Court: mumbai Page 2 of about 1,003 results (0.160 seconds)

Snp Shipping Services Pvt. Ltd. and ors. Vs. Kara Mara Shipping Co. Lt ...

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 .....

islamic Republic of Iran Vs. M.V. Mehrab and ors.

Court : Mumbai

Reported in : AIR2002Bom517; (2002)4BOMLR785; 2002(4)MhLj584

..... in conflict with the statute or prohibited by any municipal law. the bench expressly rejected the argument that the fact that no amendment was carried out in the merchant shipping act to bring it in consonance with the brussels convention shows that the parliament never intended to adopt the convention. it was held that ..... secure the plaintiffs claim in arbitration proceedings. she submitted that though the merchants shipping act was enacted in 1958 that is much after the brussels convention of 1952 and although the said act was amended 14 times, no amended was carried out in the act to bring it in consonance with the 1952 convention which clearly shows that ..... statutes 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 procedural technicalities'. ( .....

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 .....

Capt. P.C. Acharya Vs. the Official Liquidator as the Liquidator of M/ ...

Court : Mumbai

..... the said vessel. according to him, the said vessel cannot be sold before his wages are paid in view of section 42(2a) read with section 148 of the merchant shipping act, 1958 (said act). 3. the question that falls for consideration is whether the provisions of section 42(2a) apply to the sale of a vessel, conducted by a court. 4. the ..... sections 42 and 51 keeping in mind the above legislative intent. 10. after the amendment act 68 of 1993, section 42 reads as under:- 42. transfer of ships or shares (1) no person shall transfer or acquire any indian ship or any share or interest therein (amendment act 68 of 1993, sec 3 (w.r.e.f. 27-10-1993) [at any time during ..... sections 44, 46 and 51. 17. section 51 was also amended by the amendment act 68 of 1993. section 51 as amended reads as under: (amendment act 68 of 1993, sec 3 (w.r.e.f. 27-10-1993) [51. rights of mortgagee (1) where there is only one registered mortgagee of a ship or share, he shall be entitled to recover the amount due .....

M.V. Mariner Iv, a Foreign Flag Vessel and Another Vs. Videsh Sanchar ...

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 .....

Megabytes International Pte. Vs. Commr. of Cus.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in : (2005)(187)ELT89Tri(Mum.)bai

..... l showing "megabyte international pte. ltd., 60 albert street, 10-09, singapore - 189 969" as ntg. besides pis collect all charges from these amendment at your end" (ii) the steamer agents, m/s. merchant shipping services pvt. ltd. issued a letter dated 16th august, 2002 to the manager, punjab con-ware, jawaharlal nehru port trust (custodians) which is reproduced ..... mention that the indian importer had, earlier, imported other consignment through m/s. megabytes international pte. ltd., singapore where the indenter one mr. om prakash berlia had acted as the guarantor as well, and possibly the same may be the case here too. i am, therefore, inclined to hold that the title of the goods lies ..... that the goods had acquired character of warehoused goods and export of such goods may not be possible except under the provisions of section 69 of the customs act, 1962. he has also noted the serious objection of the importers to the re-export request, under cover of their letter dated 24-11-2003. he .....

Snp Shipping Services Pvt. Ltd. Vs. Kara Mara Shipping Co. Ltd. and or ...

Court : Mumbai

Reported in : AIR2000Bom57; (1997)3BOMLR651; 2000(1)MhLj699

..... judgment passed by the hon'ble supreme court of india and in any event, falls within the purview of chapter part x-a of the merchant shipping act. c. all consequential amendments be allowed.' 10. the said chamber summons has been made returnable on 27-8-1999 but mr. parikh, the learned counsel appearing for the ..... be imminently filed against them within the jurisdiction of this hon'ble court, thereby entitling the plaintiffs to invoke the provisions of part xa of the merchant shipping act, 1958 in order to limit liability. 19e. the plaintiffs further state and submit the basis on which the louisiana court decree which came to be passed ..... in the alternative it is prayed that the plaintiffs -- snp shipping services (pvt.) ltd. (for short 'snp shipping') be directed to withdraw this suit.2. snp shipping are the plaintiffs in admiralty suit no. 58 of 1998 filed under the provisions of the merchant shipping act, 1958 (act of 1958} for constituting the limitation fund for limiting their liability .....

Mr. Allan S.F. Falerio Vs. State of Goa Through the Chief Secretary, S ...

Court : Mumbai

Reported in : 2010(112)BomLR7

..... the petitioner.14. admittedly, a coc is granted in terms of part vi of the merchant shipping act, 1958 which part in terms of section 75 thereof applies to:(a) every sea going indian ship fitted with mechanical means of propulsion wherever it is; and(b) every foreign ship while it is at port or place in india.section 75-a(b) of the said ..... convention to mean the international convention on standards of training, certification and watchkeeping for seafarers, 1978, signed at london on 7th day of july, 1978, as amended from time to time. section 76 of the said act, inter alia, further provides that every indian ship, when going to sea from any port or place, shall be provided with officers duly certified under this .....

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 .....

Union of India (Uoi) and anr. Vs. M.V. Damodar Dr. Albert and anr.

Court : Mumbai

Reported in : 2005(2)ALLMR787; I(2005)BC384

..... and part iv which dealt with the shipping development fund was omitted and under the amending act, shipping credit and investment company of india limited was appointed as the designated person in lieu ..... shipping development fund committee, a body constituted under the unamended merchant shipping act, against the shipping company 'damodar bulk carriers limited and each one of the above suits is directed against the vessels damodar krishna, damodar tanabe, damodar kaveri, damodar tasaka and damodar ganga. it may be mentioned here that the merchant shipping act was amended ..... that the supplementary indenture and supplementary agreement are not documents creating the mortgage and what is required to be registered under the merchant shipping act is only the document creating the mortgage. there is no dispute that the document by which the mortgage was created is registered .....