Court : Delhi
Reported in : AIR1969Delhi64
..... the united kingdom, require some addition to, or alteration of, the existing law. thus a treaty which purported to confer immunity upon privately owned foreign merchant ships may deprive a british subject of his remedy and so constitute an alteration of his legal rights which can only be made enforceable by statute. the king ..... settlement of a dispute as to where in fact the boundary between india and pakistan lies. if the matter falls in the latter category, no constitutional amendment would be necessary. the learned counsel then contended that the territories of india would include the territories acquired by india and consequently the territories in possession ..... any agreement between two or more sovereign states. within the british empire there is a well-established rule that the making of a treaty is an executive act, while the performance of its obligations, if they entail alteration of the existing domestic law, requires legislative action. unlike some other countries, the stipulations .....
Tag this Judgment!Court : Delhi
Reported in : ILR1971Delhi567; [1972]84ITR661(Delhi)
..... queen's bench in morris v. howden 1897(1) a.b. 378 . this was a case stated under the summary jurisdiction acts by the stipendiary police magistrate for the city of sheffield. by section 341 of the merchant shipping act, 1894, a 'passage broker' was defined as 'any person who sells or lets, or agrees to sell or let or is ..... . k. t. morris : (1960)illj551sc it was held that 'the expression 'workmen concerned in such dispute'' occurring in s. 33(1)(a) of the industrial disputes act, 1947, as amended by act 36 of 1956, includes not merely such workmen as are directly or immediately concerned with the dispute, but also those on whose behalf the dispute is raised as well ..... reference to the assessment years and have nothing to do with the accounting years of an assessed which may differ from person to person. the amendment contained in the finance act, 1955 in respect of section 2(6c)(iii) was thus applicable to the assessment year 1955-56 and was rightly invoked by the income-tax officer. (18) .....
Tag this Judgment!Court : Delhi
Reported in : ILR1972Delhi598
..... on business as civil, mechanical, electrical, chemical and agricultural engineers, as manufacturers, and as importers and exporters, commission agents (and merchants and as agents for ships and shipowners and as agents) for foreign manufacturers and merchants. (n) to acquire and take over the whole or part of the business, property, goodwill and liabilities of any person, firm ..... company appn. no. 58 of 1971 was filed by willcox on 28-1-1971 under section 391(1) of the companies act containing the scheme of amalgamation of willcox with larsen; some further amendments were made by means of company application no. 80 of 1971 filed on 12-2-1971. orders were passed by prakash narain ..... each other on the amalgamation coming into force. (23) for the purpose of appreciating the scope of the amendment sought for it would be necessary to refer to the following provisions of the industrial disputes act: '25f.no workman employed in any industry who has been in continuous service for not less than one .....
Tag this Judgment!Court : Delhi
Reported in : AIR1976Delhi335; 1976RLR298
..... the plaintiffs were not the owners in all the consignments. in respect of some of the consignments in which the plaintiffs were mentioned as consignees, they were acting as shipping agents for the ultimate foreign buyers of the goods. in respect of the other consignments, the consignors, who were also consignees, had forwarded the railway receipt ..... the meaning of statute is obscure.' it was further pointed out that 'if any hardship and inconvenience is felt, it is for parliament to take appropriate steps to amend the law and not for the courts to legislate under the guise of interpretation.' (20) it, however, appears to me that however controversial the task of ..... were admittedly commission agents, reinforces their case to maintain an action because of a well-known custom in the trade and, thereforee, on the principle of law merchant which treat the railway receipt as being symbclic of the goods. he, thereforee, urged that in any event a commission agent had sufficient interest in the goods .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Reported in : (1985)(19)ELT122TriDel
..... tests laid down by his lordship justice pendse in the bombay case have been satisfied by the appellant. "sea-going", as appearing in section 20 of the merchant shipping act, covers ships which are capable of travelling on the ocean. the present vessels have actually travelled on the ocean.his lordship has also referred to the necessity to secure licence ..... meant for inland navigation, known as a barge and it cannot be considered as ocean-going vessel for the purpose of exemption under notifica- tion 55/75, as amended.6. on 7-2-82, the appellants cleared another vessel namely m.v. nitya shushil. the appellants received on 26-6-82 the rt-12 as assessed ..... which the central government exempted goods of the description falling under tariff item 68 from the whole of the duty excisable thereon. notification 55 of 1975, which was amended by notification 102/80, provided that "ocean-going vessels" falling under tariff item 68 were exempt from the whole of the duty of excise leviable thereon. under .....
Tag this Judgment!Court : Delhi
Reported in : AIR1989Delhi289; 1994LC679(Delhi); 1992(58)ELT374(Del)
..... various spaces referred to in regulations 9 and 10. it appears that registered tonnage and net tonnage are same thing. rule 2(b) of the merchant shipping (tonpage measurement of ships) rules. 1960, framed under the merchant shipping act, 1958, defines gross tonnage. according to rule 2(j) the 'registered tonnage' or 'net tonnage' means the tonnage arrived at after making ..... regulating the measurement of the net tonnage of british ships. the use of the words 'british ships' is deliberate and it is not that the word 'british' has been used in the act by mistake as it was earlier thought of during the course of arguments. the act has been amended many times after the independence and there has been ..... the adaptation of laws order 1950 and yet the word 'british' in sub-section (6) of section 3 remains, and this word is also use in section 41 of the act. there is a history behind it and .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Reported in : (1990)(27)ECC39
..... to be imported are not covered by appendices 3,6,7,8,9, ad 15 of the import policy of the import act, 1952.... such goods are shipped on through consignment to india on or before 31st march, 1983 or, in the case of actual user (industrial), on or ..... promissory estoppel can be pressed nor confers any right to grant export licence - public notice dated 30,3.1979, exports (control) 22nd amendment order. he argued that it was further held by the hon'ble high court that there should be a firm commitment by an exporter ..... refused to open the letter of credit since the entry no.44 of appendix 8 of the import policy, 1981-82, had been amended by public notice no.29-itc(pn)/81 dated 5.6.81 to read as follows:- thereafter the suppliers insisted that the importers should ..... ,23,200 issued to m/s. b.arun kumar & co. was produced. the licence is imprest licence issued on 29.6.81 to a merchant & manufacturer exporter. m/s. b. arun kumar & co. had given a letter of authority to m/s. jain sudh vanaspati ltd. in .....
Tag this Judgment!Court : Delhi
Reported in : 1995IIAD(Delhi)505; AIR1996Delhi126; 1995(1)ARBLR585(Delhi); 1995(33)DRJ648
..... , expressly or by implication, material representations of fact that to his knowledge are untrue. the exception is based on the principle 'fraud unravels all' (see united city merchants (investments) ltd. v. royal bank of canada (1982) 2 all er 720. the present case does not fall in the exception. it is not the case ..... only after committing a breach of not delivering the goods that the seller started asking for amendment of letter of credit and the contract. in c.i.f. contracts there is a clear obligation on the seller to tender the shipping documents which were never tendered. such being the position the buyer cannot be held to be ..... responsibility for the description, quantity, weight, quality, condition, packing, delivery, value or existence of the goods represented by any documents, or for the good faith-or acts and/or omissions, solvency, performance or standing of the consignor, the carriers, or the insurers of the goods, or any other person whomsoever. from the aforesaid provisions .....
Tag this Judgment!Court : Delhi
Reported in : 1995(34)DRJ72
..... now the authentic charter party with some changes.in the light of it, the remarks are to be amended. you are requested not to incorporate the rough sheet remarks in statement of facts till further advise.'thanking you,yours faithfully,for bobko shipping services.sd/-capt. brtj m. talwar (mg. partner)(charteker agents only)c.c. to : m ..... to constitute an agency, it is not necessary to have a formal agreement, (babulal swarupchand shah vs. s. s. (fixeddelivery) merchants, assam (air 1960 bombay 548)). under sections 101 to 104 of the evidence act, if a person claims to bean agent of another, the burden of proof is on the person so claiming. but at the ..... later and it contained a clear admission that appellant was the charterer. dr. a. m. singhvi, sr). counsel appearing for the2nd defendant, contended that his clients acted as agents of the appellant and. thereforee, the appellant was bound by the arbitrationclause. he too relied upon the mou which contained an admission that appellant was the .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Reported in : (1995)(80)ELT680TriDel
..... second hand ocean going bulk cargo carrying vessel of about 25,000/30,000 dwt capacity (later amended to 33,400 dwt capacity, built in 1974) from japan. (iii) after import, the vessel was registered under section 34 of the merchant shipping act, 1958 (part v) & a certificate of indian registry no. 2194, dated 28-10-1986 was ..... tonnage certificate dated 14-10-1986 (k) panama canal tonnage certificate dated 15-10-1986 thus the importers claimed to have obtained all the certificates specified in the merchant shipping act, 1958, which an ocean going vessel should possess. this again they say, is verifiable and it cannot be questioned :-' (vii) the importers also contended that ..... going vessel whether or not it is a foreign going vessel so long(as it is registered and continues to be registered as a sea going vessel under the merchant shipping act, 1958.2. the assistant collector accepted, this documentary evidence and held that 'maratha deep' was an 'ocean going' vessel at the time of its first .....
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