Judgment Search Results Home > Cases Phrase: merchant shipping amendment act 2007 section 4 amendment of section 31 Page 6 of about 34,766 results (0.438 seconds)

Liverpool and London S.P. and I Asson. Ltd. Vs. M.V. Sea Success I and ...

Court : Supreme Court of India

Reported in : JT2003(9)SC218; 2003(10)SCALE1; (2004)9SCC512

..... also provide for a compulsory insurance. reference in this connection has been placed on the inland vessels act, 1917 (as amended in the year 1977), the merchant shipping act, 1956 (as amended in 1983) and multimodal transportation of goods act, 1993 (as amended in 2000) and in that view of the matter the pedantic and regressive view should be ..... a century back, may be held to be so now.indian statutes operating in the field:67. section 352n of the indian merchant shipping act, 1958 makes such an insurance compulsory which reads as under:'352-n. compulsory insurance or other financial guarantee. - (1) the owner of every indian ..... pointer to the fact that such insurance has become more and more commercially expedient. no ship having regard to the ramification in international law can sail without such insurance. apart from the 1952 brussels arrest convention, the merchant shipping (oil) pollution act, 1961 makes insurance compulsory.41. as would be noticed hereinafter, p&i; insurance .....

Barras Vs. Aberdeen Steam Trawling and Fishing Co.

Court : House of Lords

..... the gross earnings of the working of the boat." section 7. "this act may be cited as the merchant shipping (international labour conventions) act, 1925, and shall be construed as one with the merchant shipping acts, 1894 to 1923, and those acts and this act may be cited together as the merchant shipping acts, 1894 to 1925." the effect of section 7 has been succinctly stated ..... than that to which be would have been entitled under the act of 1894, and is in effect an amendment of that act. two questions arise for decision:(1) whether on the true construction of the act of 1925 the event of a wreck or loss of the ship has occurred? (2) whether, if so, the seaman's ..... on the occasion in question brought the appellant's case within the operation of section 1, subsection (1), of the act of 1925 (which in terms is merely an amending extension of section 158 of the act of 1894), the interpretation adopted in the olympic should be applied by your lordships. i reach this conclusion without the .....

Megabytes International Pte. Vs. Commr. of Cus.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in : (2005)(187)ELT89Tri(Mum.)bai

..... l showing "megabyte international pte. ltd., 60 albert street, 10-09, singapore - 189 969" as ntg. besides pis collect all charges from these amendment at your end" (ii) the steamer agents, m/s. merchant shipping services pvt. ltd. issued a letter dated 16th august, 2002 to the manager, punjab con-ware, jawaharlal nehru port trust (custodians) which is reproduced ..... mention that the indian importer had, earlier, imported other consignment through m/s. megabytes international pte. ltd., singapore where the indenter one mr. om prakash berlia had acted as the guarantor as well, and possibly the same may be the case here too. i am, therefore, inclined to hold that the title of the goods lies ..... that the goods had acquired character of warehoused goods and export of such goods may not be possible except under the provisions of section 69 of the customs act, 1962. he has also noted the serious objection of the importers to the re-export request, under cover of their letter dated 24-11-2003. he .....

Detroit Trust Co. Vs. the Thomas Barlum

Court : US Supreme Court

..... expanded by later legislation. the admiralty court in england has jurisdiction in respect of any mortgage duly registered according to the provisions of the merchant marine act 1894, "whether or not the ship or proceeds are under the arrest of the court, and such jurisdiction may be exercised by an action in rem or in personam. ..... . luckenbach steamship co., 247 u. s. 372 , 247 u. s. 384 ); the merchant marine act of 1920, 33, 41 stat 1007, amending 20 of the act of 1915, thus bringing, in relation to seamen, into the maritime law rules drawn from the federal employers' liability act ( panama railroad co. v. johnson, supra; engel v. davenport, 271 u. s. ..... court in equity gives a title good against the world and terminates all preexisting claims against the vessel." " * * * *" "the house recedes with an amendment which places the constitutional basis of congress' power to legislate in respect to vessel mortgages upon the grant of admiralty jurisdiction and the 'necessary and proper clause' of .....

Volkswagenwerk Ag Vs. Fmc

Court : US Supreme Court

..... being claimed pursuant to an agreement or understanding which is required to be filed with and approved by the federal maritime commission under section 15 of the shipping act, 1916, as amended, 46 u.s.c. 814 (1961), before it is lawful to take any action thereunder, which agreement has not been so filed and approved." ..... regulat[e] . . . competition." see n 15, supra. the other six categories would be rendered virtually meaningless by the commission's construction. [ footnote 24 ] house committee on merchant marine and fisheries, report on steamship agreements and affiliations, h.r.doc. no. 805, 63d cong., 2d sess., 415-424 (1914). [ footnote 25 ] the recommendations of the ..... h.r.rep. no. 354, 77th cong., 1st sess., 2 (1941). [ footnote 3/10 ] under the 1938 act, questions of representation were reserved to the nlrb. section 1002 of the merchant marine act, as amended, provided that: "the provisions of this title shall not in any manner affect or be construed to limit the provisions of .....

Chowgule and Co. Ltd. Vs. Collector of Customs

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 .....

O. Konavalov Vs. Commander, Coast Guard Region and ors.

Court : Supreme Court of India

Reported in : 2006(2)CTC672; 2006(197)ELT3(SC); JT2006(3)SC567; 2006(3)SCALE398; (2006)4SCC620

..... salvage;e) that even though the 1926 convention of maritime liens and mortgages has not yet been ratified by india the principles are very well adopted in merchant shipping act, 1958. under the merchant shipping act, the wages of the crew cannot be attached under any law;f) that the application made by the crew members for payment of wages for the ..... article 21 of the constitution, which talks about the right to life and liberty of every individual. therefore it can be safely concluded that section 144 of the merchant shipping act and article 21 of the constitution is tantamount. in this respect the appellants referred to bank of bihar v. state of bihar (supra) case which laid down ..... the owner as in any other suit. the arrest of the vessel while in indian waters by an order of the high court concerned, as defined under the merchant shipping act, 1958 (section 3(15)) attracts the jurisdiction of the competent court to proceed with the trial, as in the case of any other suit, as an action .....

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 .....

Sabeeha Faikage and ors. Vs. Union of India and ors.

Court : Supreme Court of India

Reported in : (2013)1SCC262

..... the proposals which have been under consideration of the government and to take immediate steps to amend the merchant shipping act, 1958 and the rules 2005 in a manner they deem proper to ensure that the life of seafarers employed in different ships in high seas are made more secure and safe and in case of loss of life, ..... been deposited.11. mr. h.p. raval, learned additional solicitor general for respondent nos.1, 2 and 3, submitted that the merchant shipping act, 1958 does not apply to seamen on board of a ship or a vessel of a foreign country. he referred to the counter affidavit filed on behalf of respondent nos.1, 2 and 3 ..... as the indian nationals were involved in the marine casualty, the government of india was required to conduct a marine casualty investigation forthwith. they submitted that under the merchant shipping (recruitment and placement of seafarers) rules, 2005 (for short 'the rules 2005) and in particular rule 3 thereof, the government was also required to conduct an .....

Hanwha General Insurance Co. Ltd. Vs. m.v. ELENI (IMO No.9460277)

Court : Mumbai

..... or have ratified or have accepted the instruments concluded in the conventions on limitation of liability for maritime claims. india has, infact included it in its domestic law merchant shipping act, 1958, as amended, not the entire provisions of one such convention as explained later, but most of it. 4. on 19th november 2013, the owners of m.v. ..... or not because the order dated 22nd october 2014 is silent in that regard. 22. submissions were also made on the applicability of part xa of the merchant shipping act, 1958 (ms act) to this suit. the plaintiff's counsel contended that it was applicable, whereas the defendant's counsel submitted that it is not applicable because it contemplates ..... present case, the high court which is administering the fund is the hong kong high court. the definition of high court in section 3(15) of the merchant shipping act is not applicable because section 3(15) refers to the high court in relation to a vessel. the high court in relation to a vessel may not be .....