Judgment Search Results Home > Cases Phrase: merchant shipping amendment act 2002 section 4 amendment of section 95 Court: mumbai Page 3 of about 1,003 results (0.308 seconds)

Berner Shipping Inc. and Another Vs. Mrs. Kala Ramchandran and Others

Court : Mumbai

Reported in : 2000(4)BomCR565

..... observed as under :---'27. the provisions regarding a limitation action have reduced to a statutory form in part x-a of the merchant shipping act, 1958. part x-a was introduced in the merchant shipping act, 1958 by amending act 25 of 1970, in order to give effect to the brussels international convention of 1957 relating to the limitation of liability of ..... the owners of sea-going ships, to which india is a signatory. part x-a consists of sections 352, 352-a and 352-f ..... not be seriously prejudiced, it would be but appropriate that this court reject the notice of motion. 5. with that background a few provisions of the merchant shipping act, 1958 need be adverted to. in the first instance under section 352-a the limitation of liability of owner for damages in respect of certain claims will .....

Hanwha General Insurance Co. Ltd. Vs. m.v. ELENI (IMO No.9460277)

Court : Mumbai

..... or have ratified or have accepted the instruments concluded in the conventions on limitation of liability for maritime claims. india has, infact included it in its domestic law merchant shipping act, 1958, as amended, not the entire provisions of one such convention as explained later, but most of it. 4. on 19th november 2013, the owners of m.v. ..... or not because the order dated 22nd october 2014 is silent in that regard. 22. submissions were also made on the applicability of part xa of the merchant shipping act, 1958 (ms act) to this suit. the plaintiff's counsel contended that it was applicable, whereas the defendant's counsel submitted that it is not applicable because it contemplates ..... present case, the high court which is administering the fund is the hong kong high court. the definition of high court in section 3(15) of the merchant shipping act is not applicable because section 3(15) refers to the high court in relation to a vessel. the high court in relation to a vessel may not be .....

Mr. Kamla Kant Dube and Another Vs. M.V. Umang and Others

Court : Mumbai

Reported in : AIR2000Bom211; 2000(2)ALLMR48; 2000(2)BomCR556

..... agreement with the aforesaid view of madras high court being legal, logical and in accord with the public policy.21. it may be noted that under the merchant shipping act, 1958, high court in relation to a vessel means the high court within the limit of whose appellate jurisdiction the port of registry of the vessel is ..... paper mills co. ltd., : [1985]3scr26 . we are of the opinion that in view of the clear provisions of section 7(2) of the criminal law amendment act, 1952 and articles 14 and 21 of the constitution, these directions were legally wrong.24. the decisions which are given in ignorance or forgetfulness of some inconsistent statutory ..... the territories. article 372 provides for continuance in force of existing laws and their adaptation until altered or repealed or amended by the competent legislature or authority. in the year 1956, the state reorganisation act was enacted by the parliament. upon formation of new states, the local limits of respective high courts for the exercise .....

Capt. A.L. Fernandes Vs. Ito

Court : Mumbai

Reported in : (2002)75TTJ(Mumbai)714

..... not subjected to tax in india.2. 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 a member of the crew of an indian ship as defined in clause (18) of section 3 of the merchant shipping act, 1958, is regarded as a resident in india only ..... authorities and by court decisions. claims to jurisdiction over foreign vessels, when within the waters of a given state, have varied. according to united states practice, private merchant ships are subject to the jurisdiction of the united states only when they disturb the 'public peace', acts involving the 'internal order of the vessel', are under the jurisdiction of the state whose flag the .....

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 .....

Capt. A.L. Fernandes Vs. Income Tax Officer

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2002)81ITD203(Mum.)

..... is not subjected to tax in india. 2. after the amendment made in section 6 of the it act, 1961 by the finance act, 1990 w.e.f. 1st april, 1990, an indian citizen who is a member of the crew of an indian ship as defined in clause (18) of section 3 of the merchant shipping act, 1958, is regarded as a resident in india only if ..... authorities and by court decisions. claims to jurisdiction over foreign vessels, when within the waters of a given state, have varied. according to united states practice, private merchant ships are subject to the jurisdiction of the united states only when they disturb the 'public peace', acts involving the "internal order of the vessel", are under the jurisdiction of the state whose flag the .....

Union of India and Others Vs. Chowgule and Co. Pvt. Ltd.

Court : Mumbai

Reported in : 1985(20)ELT57(Bom)

..... on it was amended to include a coastal trade. reliance is placed upon the above circumstances to suggest that the petitioners vessel is a sea-going ship and consequently it would be an ocean-going vessel. as against this shri sethna urged that the definition of the word 'sea-going' as given in the merchant shipping act has no ..... is capable of going to the ocean. he also drew our attention to certain provisions of the merchant shipping act, 1958 and more particularly part v thereof. section 20 provides that the said part applies only to sea-going ships fitted with mechanical means of propulsion. the other sections of this part deal with the procedures for ..... registration of such ships and under section 34 a certificate is required to be issued about such registration. the term 'sea-going ship' has been defined in section 3(41) of the merchant shipping act, 1958, in following words :''sea-going', in the relation to a vessel means .....

Indian National Shipowners Association Vs. Union of India (Uoi)

Court : Mumbai

Reported in : (2009)222CTR(Bom)234; [2009]16STJ175; 2009[13]STR235

..... tax was introduced for the first time in the chapter v of the finance act, 1994 in the year 1997 the definition of the term 'taxable service' was substantially amended. according to the petitioners, the indian shipping industry is obliged by statute under the provisions of the merchant shipping act, 1958 and in terms of the normal conditions of trade, to obtain and ..... ) is squarely applicable to rule 2(1)(d)(iv), which is relied on in this case. it appears that it is first time when the act was amended and section 66a was inserted by finance act, 2006 w.e.f. 18-4-2006, the respondents got legal authority to levy service tax on the recipients of the taxable service. now, ..... . the learned counsel submits that provision of rule 2(d)(iv) quoted above is invalid, because it is contrary to the scheme of the act. on 16-6-2005, an amendment was made to the act also, by which an explanation was added below section 65(105) which explanation reads as under:explanation - for the removal of doubts, it .....

Kirloskar Oil Engines Ltd. Vs. Cce and C

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in : (2003)(89)ECC173

..... .3. it is contended by the appellant that engines were in fact supplied for fitment of ship. counsel for the appellant relies upon the definition contained in section 283a of the merchant shipping act, of a new ship or new vessel as a "ship or vessel whose keel is laid or which is at a similar stage of construction on or ..... date as defined in sub-section (2)". this section comes in part x of the act relating to safety and is only applicable to that part. further, the provisions of the merchant shipping act, which has been enacted to regulate matters relating to shipping, cannot be made use of in construing the terms of an exemption notification issued under section ..... any duty, claiming the benefit of the exemption contained in entry 3 of the table to the notification 64/95 as amended. this entry exempts from duty goods supplied as stores for consumption on board ships of the indian navy or coast guard. notice issued to the appellant demanded duty and proposed penalty on the ground that .....

Tata Sons Ltd. Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2007)104ITD45(Mum.)

..... representative, it was submitted that the bombay high court itself noted that the merchant shipping act was not in paxi materia with the it act. therefore, the provisions thereof did not apply to the it act and more so when the term "india" was specifically defined in section 2(25a) of the act.19. with regard to the decision in indian hotels co. ltd. ..... against treating cash compensatory support of rs. 24,15,820 as revenue receipt and not as capital receipt as claimed by the assessee. in view of retrospective amendment in the act with regard to the taxability of this item, the ground is not pressed by the assessee and hence, the same is dismissed.1. i have carefully ..... are relatives of one another and persons who are nominees of any other person together with that person are treated as a single person. 141. under the proposed amendment, a company whose shares are not listed in a recognised stock exchange in india will not be treated as a widely held company. however, a company whose equity .....