Judgment Search Results Home > Cases Phrase: merchant shipping amendment act 2003 section 4 amendment of section 356j Sorted by: old Page 1 of about 1,543 results (0.278 seconds)

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

Court : Kolkata

Reported in : 2004(3)CHN509

..... office.17. the aforementioned recommendations have been accepted by the central government.18. therefore, the directions contained in the impugned judgment and order are contrary to the said act of 1958 as amended by the merchant shipping (amendment) act, 2002 and, therefore, are not sustainable in law.19. our attention has been drawn that the central government has not yet published the rules for the purpose ..... 1958 to enable the government of india or its agencies to give effect to those conventions and protocols.10. section 95 of the said act of 1958 has been amended by merchant shipping (amendment) act, 2002. such amendments were brought in to redefine the role of seamen's employment offices to control and regulate the manning agents and recruitment and placement service instead of controlling and regulating .....

The United States Vs. Worrall

Court : US Supreme Court

..... , confirm these general principles. the indictment against henfield, an american citizen, for enlisting and serving on board a french privateer, while she captured a dutch merchant ship, &c.; expressly charged the defendant with a violation of the treaties existing between the united states and the united netherlands, great britain, &c.; which ..... states, in cases that arise under their authority. the nature of our federal compact, will not, however, tolerate this doctrine. the 12th article of the amendment, stipulates, that 'the powers not delegated to the united states by the constitution, nor prohibited by it to the states, are reserved to the states ..... expressions in the constitution, 'cases arising under the constitution and laws of the united states,' &c.; nor has it been expressly provided for by any act under the present constitution. the criminal jurisdiction of the circuit court, which, wherever it exists, must be exclusive of state jurisdiction, cannot, perhaps, fairly be .....

The Caroline Vs. United States

Court : US Supreme Court

..... to service or labor," "the shall be forfeited to the united states. it was admitted by the claimant, that the caroline came into this port equipped like any common merchant vessel, that she did, after her arrival, receive fitments and take on board articles calculated for the slave trade only. it was satisfactorily proved that the claimant, after receiving ..... that a libel for a forfeiture must be particular and certain in all the material circumstances which constitute the offense. an informal libel or information in rem may be amended by leave of the court. error to the circuit court for the district of south carolina in a case of seizure for violation of the ..... the united states from and after 1 january, 1808.' by the act of 1794, the fitting or sailing of a ship for the purpose of a traffic in slaves to any foreign country subjects the ship concerned in such traffic to forfeiture." "the act of 1807 enacts that if any ship within the jurisdiction of the united states shall be fitted out or .....

The Richmond Vs. United States

Court : US Supreme Court

..... which she was seized in st. mary's river by gunboat no. 62, january 14, 1812, and libeled in the district court of georgia for violating the act passed 28 june, 1809, for amending the nonintercourse page 8 u. s. 103 law. the richmond was condemned in both the district and circuit courts, and from their sentence the claimants have appealed to ..... of place with which commercial intercourse has been or may be thus permitted, except . . . , shall be allowed to depart unless the owner or owners, consignee, or factor of such ship or vessel shall, with the master, have given bond with one or more sureties to the united states in a sum double the value of the vessel and cargo that ..... port to give bond in double the amount of vessel and cargo not to go to a prohibited port is applicable to a vessel sailing in ballast. if a merchant vessel of the united states be seized by the naval force of the united states within the territorial jurisdiction of a foreign friendly power for a violation of the laws .....

The Marianna Flora

Court : US Supreme Court

..... next inquiry is whether the act of sending in the marianna flora for adjudication was, under all the circumstances, unjustifiable, so as to carry with it responsibility in damages. it is argued that, upon examination of the ship's papers, the crew, and the cargo, it must clearly have appeared that the ship was a merchant ship bound on a lawful ..... , are by law authorized to proceed according to the course of proceedings in admiralty courts. it has been the constant habit of the circuit courts to allow amendments of this nature in cases where public justice and the substantial merits required them, and this practice has not only been incidentally sanctioned in this court, but ..... to the libel, filed in the circuit court, upon the ground that the original subject matter was exclusively cognizable in the district court, and to allow this amendment would be to institute an original, and not an appellate, inquiry in the circuit court. but the objection itself is founded on a mistaken view of the .....

Parsons Vs. Armor and Oakey

Court : US Supreme Court

..... own vessels, merchandise to f., which was sold by f., and f., at the request of p., purchased from merchants in new orleans produce, and shipped the same as ordered by p., and to put himself in funds for the same when necessary, drew bills of exchange ..... 39,137.79; witness, from his declarations, and the course of his business, must have been known as acting for mr. parsons in these purchases of the merchants of new orleans. the vessels of mr. parsons had left the port of orleans previous to any page 28 ..... reference to these accounts, it appears that the bills were disposed of generally at market as opportunity offered, and that he never acted under the idea of being restricted to the drawing of bills to pay the vendor in that mode, specifically, for each ..... him and declined. the words of the amendment are, "the right to the trial by jury shall be preserved." nor are we at liberty to treat this as an appeal in a cause of equity jurisdiction under the act of 1803, because the party has not .....

Waring Vs. Clarke

Court : US Supreme Court

..... as i can ascertain, and a cause of collision in the instance court of admiralty is peculiarly a suit in rem, commencing with the arrest of the ship. abb.ship. 233. i agree with my dissenting brethren that the constitution of the united states is an instrument and plan of government founded in the common law, and ..... old commissions containing obsolete powers never enforced. there is a manuscript volume of auchmuty's decisions made in the vice-admiralty court in massachusetts about 1740. see curtis' merchant seamen 348, note. it will be difficult to find in them, even in one colony, much more in the thirteen, clear evidence of any change here ..... colonies, and in favor of life, liberty, and property of the subject, "remained in full force therein until repealed, altered, or amended by the legislative authority of the colonies respectively, or by the constitutional acts of the same when they became sovereign and independent states." see also to this effect montgomery v. henry, 1 dall. 49; 1 .....

Allen Vs. Newberry

Court : US Supreme Court

..... between ports of different states, in cases of sale or bottomry of a cargo for relief of the vessel in distress, of voluntary stranding of the ship, jettison, and the like, where page 62 u. s. 248 contribution and general average arise, that the federal courts shall be obliged to ..... in the opinion of the court. mr. justice nelson delivered the opinion of the court. the libel states that the goods in question were shipped on board the fashion at the port of two rivers, in the state of wisconsin, to be delivered at the port of milwaukee, in ..... shipment must be made between ports of different states. this view of the act harmonizes with the limitation of the jurisdiction as expressed, independently of any act of congress, in the case of new jersey steam navigation company v. merchant's bank, before referred to. we confine our opinion upon the question ..... on the want of foresight in those who framed that instrument, and it can be legitimately remedied by an amendment of the constitution only. .....

Knight Vs. Schell

Court : US Supreme Court

..... entitle the importer to claim that they should be admitted to entry as included in the free list. that language is retained in the act of the third of march 1857, without any alteration or amendment; so that although it may appear that the goods were the growth, produce, or manufacture of the united states; that they were exported ..... and in case of appeal, the same packages are required to remain in the public store, and frequently constitute the only attainable basis of the subsequent adjudication by the merchant appraisers. such packages are ordered to the public store in the same condition as when imported, and it is not possible to doubt page 65 u. s. 531 ..... certificate of division in opinion between the judges of the circuit court for the southern district of new york syllabus when barrels are manufactured in the united states and shipped empty to cuba, there filled with molasses, and brought back to the united states, the duty must be levied upon the value of the barrels, as well as .....

Walker Vs. the Transportation Company

Court : US Supreme Court

..... vessels were liable at common law in the case stated in the question had been decided by this court in the case of the new jersey steam navigation co. v. merchants' bank. [ footnote 3 ] that decision led to the enactment of the statute. the statute has been the subject of consideration in this court before in the case ..... , however, was given in either court as to the alleged understanding, custom, or contract, and this rested on the allegation of the answer and the admission of the amended answer made in the way already stated. the circuit court affirmed the decree of the district court dismissing the libel, and the case being now here on appeal, two ..... the advantage to be gained in the face of the act by the admission impliedly made on the other side that the cargo had been shipped and received with an understanding that if fire occurred through the negligence of the owner's servants or agents, the owner should be liable, amended their libel, admitting in form that such was the .....