Judgment Search Results Home > Cases Phrase: merchant shipping amendment act 2007 section 4 amendment of section 31 Court: kolkata Page 1 of about 690 results (0.423 seconds)

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 .....

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 .....

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 .....

The Board of Trustees of the Port of Calcutta Vs. the Lowland Tanker C ...

Court : Kolkata

Reported in : (1999)2CALLT364(HC)

..... such the liability of the defendant no. 1 could not exceed the limits set by under section 352 of the merchant shipping act, 1958 as it stood prior to its amendment by the merchant shipping amendment act, 1970.16. consequent to the amendment of the plaint on 11th march 1977 an additional written statement has been filed on behalf of the defendant no ..... question of limitation of liability by the respondents, and quantification of damages. the appellant has in this connection referred to sections 352 and 352b of the merchant shipping act. 1958. the issue before the learned trial judge was the collision caused solely by the fault of the border terrier as alleged by the plaintiff or ..... past the collision occured. we think that the learned judge rightly rejected this case of the plaintiff as sought to be introduced by the plaintiff by amending the plaint, first on ground that this case was never put clearly lo the defendant's witnesses and secondly, evidence of the plalnllffs witnesses on the .....

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 .....

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 .....

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 .....

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.

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 .....

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 .....