Court : Delhi
Reported in : AIR1997Delhi31; 1996(38)DRJ690
..... the amendment act deal with the repeal of the shipping development fund committee and consequential amendments in the principal act and the definitions. part v deals with registration of indian ..... iii deals with the appointments' of director general of shipping, surveyors, radio inspectors, seamens welfare offjcers, establishment and maintenance of mercantile marine department, shipping officers and seamens employment offices. part iv, consisting,of sections 14 to 19 of the act dealing with shipping development fund, stands repealed by the merchant shipping (amendment) act, 1986(act no. 66 of 1986). the amendment act consists of four chapters. chapters i to iv of .....
Tag this Judgment!Court : Delhi
..... .p. (c) 5121/2015 & 6456/2015 page 26 of 49 the aforesaid method of allocation of mineral resources through auctioning, that has been introduced by the amendment act, 2015. amended section 11 now makes it clear that the mining leases are to be granted by auction. it is for this reason that sub-section (1) of section 10a ..... , shall become ineligible. to sub-section (2) without prejudice the following shall remain eligible on and from the date of commencement of the mines and minerals (development and regulation) amendment act, 2015: (1), (a) xxxxx (b) xxxxx (c) where the central government has communicated previous approval as required under sub-section (1) of section 5 for grant ..... are set out below: 21. these amendments brought in vogue: (i) auction to be the sole method of allotment; (ii) extension of tenure of existing lease from the date of their last renewal to march 31, 2030 (in the case of captive mines) and till march 31, 2020 (for the merchant miners) or till the completion of renewal .....
Tag this Judgment!Court : Delhi
..... .p. (c) 5121/2015 & 6456/2015 page 26 of 49 the aforesaid method of allocation of mineral resources through auctioning, that has been introduced by the amendment act, 2015. amended section 11 now makes it clear that the mining leases are to be granted by auction. it is for this reason that sub-section (1) of section 10a ..... , shall become ineligible. to sub-section (2) without prejudice the following shall remain eligible on and from the date of commencement of the mines and minerals (development and regulation) amendment act, 2015: (1), (a) xxxxx (b) xxxxx (c) where the central government has communicated previous approval as required under sub-section (1) of section 5 for grant ..... are set out below: 21. these amendments brought in vogue: (i) auction to be the sole method of allotment; (ii) extension of tenure of existing lease from the date of their last renewal to march 31, 2030 (in the case of captive mines) and till march 31, 2020 (for the merchant miners) or till the completion of renewal .....
Tag this Judgment!Court : Delhi
Reported in : 63(1996)DLT971; 1997(40)DRJ441
..... , as its preamble indicates. (16) sections 443 and 444 are to be found contained in part xvi of the act which ..... merchant shipping act 1958 ( act 44 of 1958) is an act to foster the development and ensure the efficient maintenance of an indian mercantile marine in a manner best suited to serve the national interests and for that purpose to establish a national shipping board and a shipping development fund, to provide for the registration of indian ships and generally to amend and consolidate the law relating to merchant shipping ..... to s. 20 civil procedure code while the assistance should have been derived from the provisions contained in section 443 of the merchant shipping act read with the provisions contained under order xxxviii and xxxix of the civil procedure code so far as the jurisdiction to grant interim .....
Tag this Judgment!Court : Delhi
..... 22, maker tower-f, 2nd floor, cuffee parade, mumbai-400 005. subject : request to constitute tribunal for adjudication of disputes as contemplated u/s.150 of the merchant shipping act, 1958 and w.p.no. 258/2011 filed by insa in the high court of judicature at bombay against nusi and others. sir, i am directed to refer ..... industrial unrest, it is incumbent upon the central government to constitute a tribunal of one or more persons adjudicating the disputes as contemplated u/s.150 of merchant shipping act, 1958 at the earliest and on urgent basis preferably within 72 hours due to the exigencies of the situation and the perceived threat of a strike/obstructions/ ..... , the petitioner has amended the petition seeking further reliefs in terms of prayer clauses (aa) and (ab), thereby praying for striking down the impugned order dated 24th february, 2011 issued by the respondent no.3 and to direct the respondent no.3 to exercise its powers under section 150 of the merchant shipping act, 1958 and to .....
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 : 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 .....
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 : 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 : 118(2005)DLT12
..... opinion section 148, which is repository of the general power to extend time cannot override the express limitation of order viii, rule 1, which has been amended by the amending act and which has prescribed outer limit of 90 days beyond which written statement could not be entertained. thereforee, the learned single judge clearly erred in holding that ..... one occasion; it does not stipulate that this can be done even beyond ninety days. assuming that this rule has application post the code of civil procedure (amendment) act, 2002 it can, along with order viii rule 1, be simultaneously given effect to by imparting the interpretation that the court may permit several opportunities to file ..... 2002 sc 2487 had also been relied upon but this view may not hold sway in view of the subsequent decision of a larger bench reported as dr. j.j. merchant & ors. vs . shrinath chaturvedi : [2002]supp1scr469 applied by me in m/s. texstyles (supra). in gambhir's case (supra) my learned brother had specifically .....
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