Judgment Search Results Home > Cases Phrase: merchant shipping amendment act 2003 section 4 amendment of section 356j Page 2 of about 1,362 results (0.708 seconds)

World Tanker Carrier Corporation Vs. Snp Shipping Services Pvt. Ltd. a ...

Court : Supreme Court of India

Reported in : AIR1998SC2330; 1998(3)ALLMR(SC)640; JT1998(3)SC468; 1998(3)SCALE165; (1998)5SCC310; [1998]2SCR1032

..... 3(15).27. the provisions regarding a limitation action have been reduced to a statutory form in part xa of the merchant shipping act, 1958. part xa 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 ..... the jurisdiction.' it is this principle which is reflected in section 2(2) of the merchant shipping act, 1958.24. section 2 of the merchant shipping act, 1958 deals with the application of the act. it states that the provisions of the merchant shipping act which apply to a vessel, will apply to those vessels which are specified in that section ..... of the owners of sea-going ships, to which india is a signatory. part xa consists of sections 352, 352a to 352f. .....

Massachusetts Trustees Vs. United States

Court : US Supreme Court

..... harlan delivered the opinion of the court. this case presents the claim that the maritime commission exceeded its statutory authority under 5 of the merchant ship sales act of 1946, 60 stat. 43, as amended, 50 u.s.c.app. 1738, by "(1) including in its contract with petitioners [ footnote 1 ] for the bareboat charter of ..... interpretative aids," neither singly nor in conjunction, could lead to an affirmance here if it were clear that the commission's action contradicted the requirements of the merchant ship sales act of 1946. however, they are consistent with, and lend support to, what we believe to be the most sensible view of the statutory framework. according to ..... 308; 64 stat. 1276, 1277. [ footnote 6 ] hearings before the subcommittee on ship sales, charters, and lay-ups, house committee on merchant marine and fisheries, 80th cong., 1st sess. (1947). [ footnote 7 ] section 714 of the 1936 act, 49 stat. 2011, as amended, 46 u.s.c. 1204, does provide for negotiated rates of charter hire if .....

Queen-empress Vs. Barton

Court : Kolkata

Reported in : (1889)ILR16Cal238

..... must be tried by the court before which the trial takes place according to its own procedure, as both the 12 and 13 vic, c. 96, and the merchant shipping amendment act, 1855, expressly provide that the court to which the jurisdiction to try the case is given, shall have the same jurisdiction as if the offence had been committed ..... the same manner as if such offences had been committed within the jurisdiction of the admiralty of england.6. the next statute on the subject is the merchant shipping amendment act, 1855, 18 and 19 vic, c. 91. section 21 provides that if any british subject charged with having committed any crime or offence on board any british ..... 80 that both cases are authorities against the view which was pressed upon us.3. the question, however, depends upon the true construction of the statutory law. the merchant shipping act, 1854, by no means contains the whole of the legislation on the subject, and when the whole of the enactments are considered, i think the matter is free .....

Union of India and Another Vs. Commander Uday Date and Others

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 .....

Commander Uday Date and ors. Vs. Union of India (Uoi) and anr.

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 .....

Union of India (Uoi) and anr. Vs. Owner and Parties Interested in Moto ...

Court : Gujarat

Reported in : AIR1983Guj34; (1983)1GLR292

..... under : 'as to clause 27, we should think that the parties having deliberately chosen that their mutual rights under the contract shall be determined according to the merchant shipping code of the u. s. s. r., we do not see sufficient reason to bail the union of india out of it. that clause is binding on ..... in the context of this arbitration clause that the foreign purchasers moved the high court of bombay to stay the suit under section 3 of the foreign awards amendment act. the division bench, speaking through tulzapurkar j., considered the entire historical as well as legal perspective of the provision contained in section 3 of the foreign awards ..... to decide whether the proceedings in the suit pertaining to a contract containing a foreign arbitral clause should be stayed under section 3 of the foreign awards amendment act except in those contingencies which are specified in section 3 itself. the said contingencies are that the agreement is null and void, inoperative or incapable of being .....

The Scotia

Court : US Supreme Court

..... ] and in the chancellor, [ footnote 7 ] decided in 1861. all these decisions were made before the passage of the merchant shipping amendment act, which took effect on the 1st day of june, 1863. by that act, the same rules in regard to lights and movements of steamers and sailing vessels on the high seas were adopted as those which ..... sunk and totally lost. on the 9th of january, 1863, a british order in council, authorized by virtue of the merchant shipping amendment act of july 29, 1862, 25 and 26 victoria, made a body of "regulations for preventing collisions at sea." among these were "rules concerning lights ..... shall keep out of the way of the sailing ship." all these regulations, as originally promulgated by great britain, were made applicable to all ships, whatever their nationality, within the limits of british jurisdiction, and to british and french ships whether within british jurisdiction or not. the merchant shipping amendment act, in virtue of which these regulations were passed, .....

The Oregon

Court : US Supreme Court

..... departure from them necessary in order to avoid immediate danger." the code, however, is supposed to make provision for all ordinary cases. it originated in the english merchant shipping amendment act of 1862, the twenty-fifth section of which provided for the adoption by order in council of certain rules and regulations for preventing collisions at sea, requiring the ..... stipulation was taken. this was held to be error, the court saying that, insofar as the seventy-two bales were concerned, either party was authorized to make amendments, or introduce new evidence, in order to support his title in the appellate court. but the libelant could not introduce a new subject of controversy by bringing into ..... as it applies to the high seas, was not repealed by article 11 of the act of march, 1885, c. 354, 23 stat. 440, which requires that "a ship which is being overtaken by another shall show from her stern to such last-mentioned ship a white light or page 158 u. s. 201 flare-up light." the failure .....

Forward Seamen Union of India Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

..... &n; admn.). the division bench held that the directions given by the learned single judge were contrary to the provisions of the merchant shipping act, 1958 (as amended by amendment act of 2002) ('act' for short). it also made the following observations while allowing the appeal and dismissing appellant's writ petition:what would be the status ..... 18.6.2003. he declared the terms and conditions tender were illegal and set aside the same. he also directed as follows:the director general of shipping services who is maintaining the list of bazarmen in terms of the recommendation of the adhoc committee engaged by the division bench of this court as ..... hoc committee consisting of labour commissioner of west bengal, regional general manager of sci, principal officer of mercantile marine department of union of india and director of shipping services of a&n; administration, to amicably resolve the disputes. the ad-hoc committee made various recommendations as per its proceedings dated 6.4.1998. one .....

The Board of Trustees of the Port of Calcutta Vs. the Lowland Tanker C ...

Court : Kolkata

Reported in : (1999)2CALLT364(HC)

..... such the liability of the defendant no. 1 could not exceed the limits set by under section 352 of the merchant shipping act, 1958 as it stood prior to its amendment by the merchant shipping amendment act, 1970.16. consequent to the amendment of the plaint on 11th march 1977 an additional written statement has been filed on behalf of the defendant no ..... question of limitation of liability by the respondents, and quantification of damages. the appellant has in this connection referred to sections 352 and 352b of the merchant shipping act. 1958. the issue before the learned trial judge was the collision caused solely by the fault of the border terrier as alleged by the plaintiff or ..... past the collision occured. we think that the learned judge rightly rejected this case of the plaintiff as sought to be introduced by the plaintiff by amending the plaint, first on ground that this case was never put clearly lo the defendant's witnesses and secondly, evidence of the plalnllffs witnesses on the .....