Judgment Search Results Home > Cases Phrase: merchant shipping amendment act 2003 section 4 amendment of section 356j Sorted by: old Court: kolkata Page 1 of about 42 results (0.065 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 .....

In Re: The Ava and The Brenhilda Government of Bengal Vs. Thomas W. Wh ...

Court : Kolkata

Reported in : (1880)ILR5Cal453

..... into charges of misconduct, and inquiries into wrecks or casualties.13. the next change of importance in the law was by the imperial act, 25 and 26 vict., cap. 63, the 'merchant shipping act amendment act, 1862.' hitherto the board of trade had itself cancelled its own certificates upon the report of the appropriate tribunal. section 23 of ..... this act enacted that: 'the power of cancelling or suspending the certificates of a master or mate by the 242nd section of the principal act [that is the act of 1854] ..... not ordered by any court, but ordered in england by the board of trade; in india by the local government.64. now, the section of the merchant shipping act which i have read requires, that, before the inquiry commences, a copy of the report, or a statement of the case upon which the investigation has .....

J. Bruce Vs. C. Cronin

Court : Kolkata

Reported in : (1885)ILR12Cal438

cunningham and ghose, jj.1. we agree with the magistrate in the view he has taken of this matter. the amendment of clauses 1 and 2 of section 243 of the merchant shipping act, 1854 (17 & 18 vic. c. 104) by 43 & 44 vic. c. 16, does not, in our opinion, affect the liability of seamen in calcutta, under section 83 of act i of 1859, to imprisonment. had any such change been intended, it would doubtless have been expressly enacted in act v of 1883, passed subsequent to the above act 43 & 44 vic. c. 16 which in sections 35, 36 and 37 amends some portions of act i of 1859.

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 .....

Rogers Pratt Shellac Company Vs. Secretary of State

Court : Kolkata

Reported in : AIR1925Cal34

..... whether directly or indirectly through or from any branch, factorship, agency, receivership or management, and shall be so chargeable under section forty-one of the income-tax act, 1842 as amended by this section in the name of the branch, factor, agent, receiver or manager.24. as pointed out by lord sterndale, m.r. in smidth and ..... trading with a country, and carrying on a trade within a country. lord watson observed that there may be transactions by or on behalf of a foreign merchant in one country so intimately connected with his business abroad that without them it cannot be sufficiently carried on, which are nevertheless insufficient to constitute an exercise of ..... purchased on their account in england. one of the partners who resided in nottingham transacted the business of the firm in england which consisted of purchasing and shipping goods for exportation, but no money was received in england except from new york for purchasing the goods. the profits arose on the sale of the goods .....

Re Rogers Pyatt Shellac and Co. Vs. Secretary of State for India

Court : Kolkata

Reported in : (1925)ILR52Cal1

..... or gains arising whether directly or indirectly, through or from any branch factorship, agency, receivership or management and shall be so chargeable under section 41 of the income tax act, 1842, as amended by this section, in the name of the branch, factor, agent, receiver or manager'. in smidth & co. v. greenwood [1922] 1 a. c. 417 ..... trading with a country and carrying on a trade within a country. lord watson observed that there may be transactions by or on behalf of a foreign merchant in one country so intimately connected with his business abroad that without them it cannot be sufficiently carried on, which are nevertheless insufficient to constitute an exercise ..... purchased on their account in england. one of the partners, who resided in nottingham, transacted the business of the firm in england which consisted of purchasing and shipping goods for exportation, but no money was received in england except from new york for purchasing the goods. the profits arose on the sale of the goods .....

Sir William Henry Turner and ors. Vs. Kilburn and Co.

Court : Kolkata

Reported in : AIR1927Cal332,101Ind.Cas.854

..... evidence, the charterers were not liable because the case sought to be raised had been definitely disallowed' on the application for amendment of the written statement and also because it was not raised in the issues nor put forward till the plaintiff's' ..... as lord halsbury described it: ardan steamship co. ltd. v. andrew weir & co. [1905] a.c. 501 that the 'merchant is under an absolute obligation to supply the cargo.' it is a mere infraction of the rule as to the construction of written instruments ..... from their collieries, they would have encountered no difficulty from the port authorities. the harbour master upon request from the ship would have deputed his assistant to take the zingara into the dock and to the berth at which the defendants were ..... shipment early in december. the defendants having arranged to charter a steamer for the purpose it would appear that a mr. foster acting for the defendants saw a mr. cruickshank of messrs. graham & co, about securing a vessel. it is said by the .....

Kajora Coal Co. Ltd. Vs. Secy. of State

Court : Kolkata

Reported in : AIR1931Cal33

..... remarks of lord coleridge in the case of great western by. co. v. bagge & co. [1835] 15 q.b.d. 625 and in the commentary in maclachlan's law of merchant shipping, ch. 10, p. 396.5. in my opinion the case has been rightly decided, as the remarks which were made by lord coleridge in the case referred to above, animadverting ..... did not pay the freight due from them at the time of taking delivery, and that the freight due from them was rs. 779-3-0. subsequently, this plaint was amended and the consignor, defendant 2 company, were impleaded in the suit ''and the plaintiff asked for a decree against the two defendants, or such of them as may be held ..... which to rest the liability on the consignee. if the facts of this case established that the railway company had full knowledge that defendant 2 (the petitioner before us) was acting merely as agent for defendant 1, then liability for the freight would be fastened on the latter. reference may be made in this connexion to dickenson v. lano [1860] 2 .....

Gulzarilal Marwari Vs. Ramgopal and ors.

Court : Kolkata

Reported in : AIR1937Cal765,173Ind.Cas.263

..... instance of a document being rendered invalid by the omission of stamps is contained in the english stamp act, section 93 which provides:a contract for sea insurance (other than such insurance as is referred to in section 55, merchant shipping act amendment act, 1862) shall not be valid unless the same is expressed in a policy of sea insurance;and ..... and he allowed chotaylal to carry on the business as before under the, name of ramgopal choteylal, and i am satisfied that this business was a partner ship business of which the two partners were ramgopal and choteylal, and that there has never been any dissolution of that partnership. further i find that baluram and ..... stated or adjusted, but is a promissory note, and therefore requires to be stamped. even so, this would not make the document invalid. section 35, stamp act, provides that:no instrument chargeable with duty shall be admitted in evidence for any purpose by any person having by law or consent of parties authority to receive .....

Sm. Nalini Bala Dassi Vs. Panchanan Das Bairagi

Court : Kolkata

..... argued that this provision in the amending and repealing acts merely gives effect to the english doctrine applicable to cases where the provisions of an earlier act have been incorporated by reference into a later act.22. on the other hand in the judgment in glaholm v. barker (1865) 1 ch. a. 223 the effect of the merchant shipping repeal act 1854 on the earlier lord campbell ..... 's act was considered, and it was observed:the modification introduced by these sections (i.e. sections 504 and 505, merchant shipping act 1851) is not is terms incorporated into lord campbell's act.this certainly suggests that the learned judge contemplated the possibility of incorporating .....