Judgment Search Results Home > Cases Phrase: merchant shipping amendment act 2007 section 4 amendment of section 31 Page 5 of about 34,766 results (1.077 seconds)

islamic Republic of Iran Vs. M.V. Mehrab and ors.

Court : Mumbai

Reported in : AIR2002Bom517; (2002)4BOMLR785; 2002(4)MhLj584

..... in conflict with the statute or prohibited by any municipal law. the bench expressly rejected the argument that the fact that no amendment was carried out in the merchant shipping act to bring it in consonance with the brussels convention shows that the parliament never intended to adopt the convention. it was held that ..... secure the plaintiffs claim in arbitration proceedings. she submitted that though the merchants shipping act was enacted in 1958 that is much after the brussels convention of 1952 and although the said act was amended 14 times, no amended was carried out in the act to bring it in consonance with the 1952 convention which clearly shows that ..... statutes on the subject. in the absence of a general maritime code, these principles aid the courts in filling up the lacunae in the merchant shipping act and other enactments concerning shipping. 'procedure is but a handmaiden of justice and the cause of justice can never be allowed to be thwarted by any procedural technicalities'. ( .....

Capt. P.C. Acharya Vs. the Official Liquidator as the Liquidator of M/ ...

Court : Mumbai

..... the said vessel. according to him, the said vessel cannot be sold before his wages are paid in view of section 42(2a) read with section 148 of the merchant shipping act, 1958 (said act). 3. the question that falls for consideration is whether the provisions of section 42(2a) apply to the sale of a vessel, conducted by a court. 4. the ..... sections 42 and 51 keeping in mind the above legislative intent. 10. after the amendment act 68 of 1993, section 42 reads as under:- 42. transfer of ships or shares (1) no person shall transfer or acquire any indian ship or any share or interest therein (amendment act 68 of 1993, sec 3 (w.r.e.f. 27-10-1993) [at any time during ..... sections 44, 46 and 51. 17. section 51 was also amended by the amendment act 68 of 1993. section 51 as amended reads as under: (amendment act 68 of 1993, sec 3 (w.r.e.f. 27-10-1993) [51. rights of mortgagee (1) where there is only one registered mortgagee of a ship or share, he shall be entitled to recover the amount due .....

M.V. Mariner Iv, a Foreign Flag Vessel and Another Vs. Videsh Sanchar ...

Court : Mumbai

Reported in : 1998(2)ALLMR755; 1998(5)BomCR312; 1998(1)MhLj751

..... 443 of the merchants shipping act, clearly indicates that it is only the offending ship which could be arrested. he further contended that though the merchants shipping act, was enacted in 1958 i.e. much after the brussels convention of 1952 and although the act was amended 14 times, no amendment was carried out in the act to bring it in ..... code principles accepted and recognized under the international common law or brussels convention could be resorted to. the court in filling up the lacuna in merchant shipping act, can override the procedural technicalities. the learned judge observed that this has been said by the apex court after recognizing the fact that india ..... on the subject. in the absence of a general maritime code, these principles aid the courts in filling up the lacunae in the merchant shipping act and other enactments concerning shipping. 'procedure is but a handmaiden of justice and the cause of justice can never be allowed to be thwarted by any proceduraltechnicalities.' s .....

Cunard Steamship Co., Ltd. Vs. Mellon

Court : US Supreme Court

..... liquors, as sea stores, for beverage purposes, through the territorial waters or into the ports and harbors of the united states by foreign or domestic merchant ships is forbidden by the amendment and the act. p. 262 u. s. 130 . 284 f. 890 affirmed. 285 f. 79 reversed. appeals from decrees of the district court dismissing, on ..... to its jurisdiction," which means that its field coincides with that of the eighteenth amendment. there is in the act no provision making it applicable to domestic merchant ships when outside the waters of the united states, nor any provision making it inapplicable to merchant ships, either domestic or foreign, when within those waters, save in the panama canal. ..... field of operation, and the designation is not of a part of this territory, but of "all" of it. the defendants contend that the amendment also covers domestic merchant ships outside the waters of the united states, whether on the high seas or in foreign waters. but it does not say so, and what it .....

Tucker Vs. Alexandroff

Court : US Supreme Court

..... constables to apprehend him. these provisions have been substantially carried into the new merchants' shipping act. 57 & 58 vic. c. 60, sec 221. congress, however, has so often spoken upon this subject that we think it can hardly be open to doubt. by rev.stat. sec. 4522, as amended in 1898, 30 stat. 755, regulating seamen engaged in interstate commerce, ..... leave, and refuse to perform to the end of the service for which they were engaged." the rule is the same in england. by section 243 of the merchants' shipping act of 1854 (17 & 18 vic. c. 104), "whenever any seaman who has been lawfully engaged, or any apprentice to the sea service, commits any of the ..... , as amended, 30 stat. 757, "if, after judgment that such vessel is fit to proceed on her intended voyage, . . . the seamen, or either of them, shall refuse to proceed on the voyage, he shall forfeit any wages that may be due him." section 4596 is largely a reproduction of the section above cited from the merchants' shipping act, and .....

Windward Shipping Vs. American Radio Assn.

Court : US Supreme Court

..... footnote 2/7 ] this congressional support was highlighted as recently as 1970, in amendments to the merchant marine act, 1936, 46 u.s.c. 1101 et seq., to which we may look with profit. the declaration of policy of that act, as amended in 1970, states as its purpose that "[i]t is necessary for the national ..... are hurting our balance of payments in addition to hurting our economy by the loss of jobs." "a strong american merchant marine is essential to our national defense. the fewer american flag ships there are, the weaker our position will be in a period of national emergency." "please patronize american flag vessels, save ..... by petitioner westwind africa line, ltd., a liberian corporation, while theomana is owned by petitioner sps bulkcarriers corp., a liberian corporation, and managed by petitioner windward shipping (london) ltd., a british corporation. the crews of both vessels are composed entirely of foreign nationals, represented by foreign unions and employed under foreign articles of .....

Shipping Corporation of India Vs. State of West Bengal and ors.

Court : Sales Tax Tribunal STT West Bengal

Reported in : (1990)77STC438Tribunal

..... meaning of the amended provision of section 2(b) of the said act. the applicant was accordingly required to apply for registration as a dealer under the said act. the applicant complied with the requisition which was allowed on 8th december, 1987.3. the applicant owns ships for the purpose of its business which are liable to be registered under the merchant shipping act, 1958. in view ..... of the applicant, contended that at the time when the three impugned ships (vide annexure "a" of affidavit-in-reply) were purchased, ships sold were exigible under the bengal finance (sales tax) act, 1941. this item, namely, ship liable to be registered under the merchant shipping act, 1958, was brought under the purview of the 1954 act by notification no. 2001-f.t.dated 7th may, 1980, vide .....

Vipul Shipyard Vs. Collector of Central Excise

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 .....

P.B. Abdul Rehman and ors. Vs. Director General of Shipping and ors.

Court : Mumbai

Reported in : 1994(1)BomCR134; (1993)95BOMLR239

..... worked as seamen without any c.d.c. and they should not be considered now for the issue of a c.d.c. under the merchant shipping act. however, section 102 prior to its amendment in 1984, permitted a seaman who was not a holder of a certificate of discharge or a continuous certificate of discharge issued in india to ..... . rules of 1960. the ratio of the judgment is grounded on the interpretation of the c.d.c. rules of 1960 read with the provisions of the merchant shipping act, 1958. we do not see any reason why this ratio should be confined only to former naval seamen as urged by the respondents and cannot apply to other ..... petitioners who have received a rejection letter, the grounds set out are, inter-alia, that the petitioners are not seamen as defined under section 3(42) of the merchant shipping act, 1958. the other grounds are that they do not possess the requisite qualifications regarding age, education, physical fitness and training. the petitioners have challenged such rejection of their .....

Union of India (Uoi) and anr. Vs. M.V. Damodar Dr. Albert and anr.

Court : Mumbai

Reported in : 2005(2)ALLMR787; I(2005)BC384

..... and part iv which dealt with the shipping development fund was omitted and under the amending act, shipping credit and investment company of india limited was appointed as the designated person in lieu ..... shipping development fund committee, a body constituted under the unamended merchant shipping act, against the shipping company 'damodar bulk carriers limited and each one of the above suits is directed against the vessels damodar krishna, damodar tanabe, damodar kaveri, damodar tasaka and damodar ganga. it may be mentioned here that the merchant shipping act was amended ..... that the supplementary indenture and supplementary agreement are not documents creating the mortgage and what is required to be registered under the merchant shipping act is only the document creating the mortgage. there is no dispute that the document by which the mortgage was created is registered .....