Judgment Search Results Home > Cases Phrase: merchant shipping amendment act 2003 section 4 amendment of section 356j Sorted by: recent Court: kolkata Page 1 of about 42 results (0.101 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 .....

Prasad Maity. Vs. Krishnapada Mondal.

Court : Kolkata

..... absolutely or by way of mortgage or otherwise, of any ship or vessel, or any part, interest, share or property of or in any ship or vessel registered under the merchant shipping act, 1894, or under act 19 of 1838, or the indian registration of ships act, 1841 (10 of 1841), as amended by subsequent acts. (3) any instrument executed, by, or, on behalf ..... other than those included in clause (a) or clause (b)]. conveyance referred to in entry 23 above is defined in section 2(10) of the act and with the amendments effected for the state of west bengal reads: conveyance includes a conveyance on sale and every instrument by which property, whether movable or immovable, is ..... government, or where it bears the certificate of the collector as provided by section 32 or any other provision of this act. section 3 of the act is the charging provision. with the amendments effected in the act and as applicable to the state of west bengal, section 3 reads as follows: 3. instruments chargeable with duty .....

Gms Marine Company Limited Vs. the Owners and Parties Interested in th ...

Court : Kolkata

..... high court and the supreme court regarded the statute of 1890 to be an enabling statute, and not one of limitation of power. sections 443 and 444 of the merchant shipping act were quoted and sub-section (3) of section 443 emphasised on inasmuch as it provides that 'the person giving security shall be made a defendant and shall for the ..... company ltd. v. shepherd and haji ismail hossein). the admiralty action was for collision and had been originally filed against the owners of a ship. an amendment to the plaint was allowed by adding the ship as a party defendant. on a construction of sections 28, 48 and 50 of the 1882 code, the court held that a vessel was ..... had a material bearing on the other aspect of the division bench verdict which was upset by the supreme court anyway. that section 86 of the code was subsequently amended would not impact the facet of the division bench decision that was left unconsidered by the supreme court and which is the subject of the immediate discussion. the .....

Syed Mohmmed Jamil Vs. Union of India (Uoi) and ors.

Court : Kolkata

..... . 6 with all particulars. but this was not properly done.6. since it was increasingly felt unjust and improper, there was need for amendment of section 95 of the merchant shipping act, 2002. in pursuant to the recommendation of the committee constituted by the government of india, ministry of surface transport, director-general of ..... of union of india. the seos were abolished from the year 1992 and no fresh registration had taken place from 1997. as per shipping merchant act amendment (2002) the scope of section 95 was amended and accordingly the seos were to regulate and to control all those manning agents and issued licenses. rules to regulate the manning agencies ..... part of the writ court to entertain the claim.21. it is true that mere availability of an alternative remedy, be it under the industrial dispute act or the merchant shipping act, 1958 cannot by itself close the doors of the writ court. maintainability and entertainability are not synonymous. in the event of existence of a legal .....

Hall and Anderson Limited Vs. Union of India (Uoi) and ors.

Court : Kolkata

Reported in : AIR2005Cal156,[2005]125CompCas97(Cal)

..... on the basis of the certificate issued by the registrar of companies changing the name. cause title was amended accordingly. since the bank already instituted the proceedings previously before the bombay high court which was subsequently transferred to ..... indicated in the budgets ;(u) to carry out the business of owners of trucks, trams, lorries, motor cars, ship-owners, lightermen and aircrafts. 4. out of various businesses particulars of some businesses are given hereinabove. petitioner no. ..... keepers, hotel bearing, lodging, house keeping, etc. ;(r) to carry out the business of licensed victuallers, wine or spirit merchants, tobacconists, dealers of mineral, aerated and other liquors ;(s) to carry out the business with farmers, dairymen, market gardeners ..... sub-section (4) also says about custodian of textile undertaking. compensation as fixed under section 5 of the act also speaks about payment for such vesting, under section 3, of the management of textile undertaking of the company .....

Raj Kumar Rawala Vs. Manabendra Banerjee

Court : Kolkata

Reported in : AIR2004Cal294,2006(2)CTLJ92(Cal)

..... absolutely or by way of mortgage or otherwise, of any ship or vessel, or any part. interest, share or property of or in any ship or vessel registered under the merchant shipping act. 1894, or under act 19 of 1838, or the indian registration of ships act. 1841 as amended by subsequent acts.'33. in my opinion neither the consent decree nor the terms ..... of settlement comes within the purview of the chargeability of stamp act, in two old decisions of allahabad ..... terms of settlement was filed, plaintiff had already agreed to sell and transfer his alleged 15/16 undivided share in the property to the said g.k. shipping company for rs. 96 lacs and in fact a sum of rs. 75 lacs was received. therefore, going by the valuation as stated in the agreement .....

Licensed Building Surveyors Association and anr. Vs. State of West Ben ...

Court : Kolkata

Reported in : 2002(4)CHN659

..... etc., for a period during which time they were not in operation and could be thrown out without ever having come into operation (compare merchant shipping act, 1894, section 417; inebriates act, 1898, section 21) but this is not used now.(ii) negative resolution. instruments so laid have immediate operative effect but are subject ..... the extraordinary official gazette in exercise of the power conferred by section 600 read with section 404 of the calcutta municipal corporation act, 1980 (hereinafter referred to as 'the act') whereby certain amendments were effected to the calcutta municipal corporation building rules, 1990 (hereinafter referred to as 'the original rules'). in the present ..... take effect from 7th may, 1999 is bad.6. the learned counsel appearing on behalf of the added respondents have challenged the validity of certain amendments effected to certain specified rules.7. i shall first deal with the contentions of the writ petitioners and then the contentions of the added respondents. .....

Forward Seamen's Union of India (UOi) Vs. Union of India (UOi) and Ors ...

Court : Kolkata

Reported in : (2003)2CALLT395(HC)

..... sectors which do not have a retainer scheme. the legal tenability of relieving the seos of the functions laid down in the merchant shipping act, 1958 should be established by amending the ms act, if necessary. the committee is not able to recommend the continuance of the seo at madras as there is no demand for ..... the government of india accepted the recommendation of the second maritime session of the international labour conference of 1920 about the placement of seamen and the indian merchant shipping act, 1923 (hereinafter called as 'imsa') was introduced. it has been further contended that pursuant to the recommendation of the said conference all licences of the ..... attempt has been made to give the background and the mode and manner in which the seamen were engaged and employed prior to the promulgation of the merchant shipping act 1958 (hereinafter called as 'msa'). it has been stated that the procedure relating to the employment of seamen prevailing prior to msa gave ample opportunity .....

Paharpur Cooling Towers Ltd. Vs. the Owners and Parties Interested in ...

Court : Kolkata

Reported in : AIR2001Cal213,(2001)2CALLT445(HC)

..... should be adopted and adapted by courts to supplement the national statute on the subject. according to the apex court those principles should supply the lacunae in the merchant shipping act. therefore, it is urged that though india is not a signatory to brussels convention, the principles of law flowing out of such convention should form part ..... law will apply. the learned counsel submitted that in so far as indian law is concerned, namely the indian carriage of goods by sea act, 1925 has been amended by multi modal transportation of goods act, 1993 [hereinafter called. cgsa]. relying on clause 3(c) of article iii of cgsa of 1925, the learned counsel submitted that ..... proof to the contrary shall not be admissible if the bill of ladinghas been transferred to a third party acting in good faith' has come by way of amendment to cgsa by the multi modal transportation of goods act, 1993 [act 28 of' 1993]. 28. before dealing with the rival submissions, this court proposes first to deal with the .....

A.C. Roy Co. and Others Vs. Union of India and Others

Court : Kolkata

Reported in : AIR1995Cal246

..... 265.15. mr. mitra further submitted that the respondent no. 2 had been acting in terms of the provisions of the merchant shipping act. the said act was repealed by act no. 66 of 1986 (the ship development fund committee) (abolition) act, 1986, hereinafter referred to for the sake of brevity as the said act).16. the learned counsel contended that in terms of the provisions of the said ..... the said respondent.64. on 2nd december, 1987 parliament enacted shipping development fund committee (abolition) amendment act, 1987, s. 2 whereof reads thus:'2. in s. 16 of the shipping development fund committee (abolition) act, 1986 in sub-sec, (i), for the words, 'this chapter', the words 'this act' shall be substituted.'a copy of the said amendment act is contained in annexure 'b' to the supplementary affidavit .....