Judgment Search Results Home > Cases Phrase: merchant shipping amendment act 2007 section 4 amendment of section 31 Page 8 of about 34,766 results (0.480 seconds)

Jackson Vs. S.S. archimedes

Court : US Supreme Court

..... the demand was made in this country, but insist that the law was thereafter changed in this respect by the amendment made by the merchant marine act of 1920. by 32 of the merchant marine act, 10 of the dingley act was further amended so as to make the third sentence of paragraph (a) dealing generally with advance payments, read as follows: ..... u.s. 463 certiorari to the circuit court of appeals for the second circuit syllabus 1. section 10 of the dingley act of 1884, as amended by the seamen's act of 1915, and the merchant marine act of 1920, does not apply either expressly or by implication to advance wages paid by foreign vessels to foreign seamen while in ..... 1884, [ footnote 1 ] as amended by the seamen's act of 1915 [ footnote 2 ] and the merchant marine act of 1920, [ footnote 3 ] applies to the payment of advance wages to seamen on a foreign vessel in a foreign port. the petitioners are british seamen who shipped at manchester, england, in may, 1922, on the archimedes, a british vessel, .....

Berner Shipping Inc. and Another Vs. Mrs. Kala Ramchandran and Others

Court : Mumbai

Reported in : 2000(4)BomCR565

..... observed as under :---'27. the provisions regarding a limitation action have reduced to a statutory form in part x-a of the merchant shipping act, 1958. part x-a was introduced in the merchant shipping act, 1958 by amending act 25 of 1970, in order to give effect to the brussels international convention of 1957 relating to the limitation of liability of ..... the owners of sea-going ships, to which india is a signatory. part x-a consists of sections 352, 352-a and 352-f ..... not be seriously prejudiced, it would be but appropriate that this court reject the notice of motion. 5. with that background a few provisions of the merchant shipping act, 1958 need be adverted to. in the first instance under section 352-a the limitation of liability of owner for damages in respect of certain claims will .....

Capt. A.L. Fernandes Vs. Ito

Court : Mumbai

Reported in : (2002)75TTJ(Mumbai)714

..... not subjected to tax in india.2. after the amendment made in section 6 of the income tax act, 1961 by the finance act, 1990 with effect from 1-4-1990, an indian citizen who is a member of the crew of an indian ship as defined in clause (18) of section 3 of the merchant shipping act, 1958, is regarded as a resident in india only ..... authorities and by court decisions. claims to jurisdiction over foreign vessels, when within the waters of a given state, have varied. according to united states practice, private merchant ships are subject to the jurisdiction of the united states only when they disturb the 'public peace', acts involving the 'internal order of the vessel', are under the jurisdiction of the state whose flag the .....

Central Govt. Rep. by Its Secretary Ministry of Shipping and Transport ...

Court : Andhra Pradesh

Reported in : 1997(1)ALT288

..... to the facts and circumstances under which the learned single judge in w.p.no. 4270/1981 directed to constitute a tribunal under section 150 of the merchant shipping act (in short 'the act'). the union carbide of india ltd., visakhapatnam employed 12 fishermen besides the skipper mate etc., on the fishing trawlers owned by them. a dispute arose between ..... amendment, part xv-a was introduced in 1983. after introduction of part-xv-a in the absence of notification ..... cannot be referred to a tribunal constituted by the central government under section 150 of the act. the counsel distinguished the judgment in w.a. no. 254/1976 on the ground that it interpreted the provisions of the act as they existed prior to the amendments issued in 1983 and the judgment is not relevant. by virtue of the .....

Capt. A.L. Fernandes Vs. Income Tax Officer

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2002)81ITD203(Mum.)

..... is not subjected to tax in india. 2. after the amendment made in section 6 of the it act, 1961 by the finance act, 1990 w.e.f. 1st april, 1990, an indian citizen who is a member of the crew of an indian ship as defined in clause (18) of section 3 of the merchant shipping act, 1958, is regarded as a resident in india only if ..... authorities and by court decisions. claims to jurisdiction over foreign vessels, when within the waters of a given state, have varied. according to united states practice, private merchant ships are subject to the jurisdiction of the united states only when they disturb the 'public peace', acts involving the "internal order of the vessel", are under the jurisdiction of the state whose flag the .....

U.S. Bulk Carriers, Inc. Vs. Arguelles

Court : US Supreme Court

..... with whom mr. justice brennan, mr. justice stewart, and mr. justice marshall join, dissenting. respondent arguelles is a seaman who signed onto the ss u.s. pecos, a merchant ship owned by petitioner, on august 3, 1965, for six months' employment at a stated monthly wage. the employment relationship was page 400 u. s. 367 governed by the collective ..... contractual grievance arising out of events which also might support proceedings before the nlrb for either an unfair labor practice under 8(a)(5) of the national labor relations act, as amended, or a petition clarifying the union's representation certificate under 9(c)(1). see also old dutch farms v. local 58, i.b.t., 243 f.supp. ..... to waive compliance with any provision of this subchapter or of the rules and regulations of the commission shall be void." [ footnote 2/2 ] arguelles attempted to amend his complaint prior to the summary judgment hearing to state a complaint under 46 u.s.c. 597, as well as 596. the court refused the proffered .....

The Provident Fund Inspector, Ernakulam Vs. B. Paul Abrao

Court : Kerala

Reported in : AIR1965Ker239; 1965CriLJ646; (1966)ILLJ495Ker

..... 395). 10. the remedies of stevedores--and of trimmers of coal on board ships--having claims for work done in connection with the stowing or discharging of ships' cargoes were enlarged by the (english) merchant shipping (stevedores and trimmers) act, 1911. sub-section (1) of section 1 of that act provides : 'if it is claimed that any sum is due to any ..... is guesswork with what material the legislature would, if it had discovered the gap, have filled it in. if a gap is disclosed, the remedy lies in an amending act. (magore and st. mellons rural district council v. newport corporation, 1951-2 all e r 839).13. a stevedore is a mere handler of goods in the ..... such is the case. if the government wants to bring the establishment of stevedores within the ambit of the employees' provident funds act, 1952, there is no doubt that what it should do is to amend the notification, and not attribute impossible meanings to familiar words and stretch the sense beyond the breaking point. 8. the stevedores are .....

Alagappa Chetty Vs. Chidambaram Chetty and ors.

Court : Chennai

Reported in : (1906)ILR29Mad526

..... 1863, was a decision under the merchant shipping act of 1854, as modified by the act of 1862, and that it therefore applied the decision in the liverpool borough bank v. turner 29 l.j. ch. 827 which was a decision under the act of 1854, prior to amendment to the provisions of the act as it stood after the act of 1862 was passed. the ..... the allegations in his plaint, was not entitled to rely on his alleged right to a share of the ship referred to in the plaint in consequence of the provisions of the merchant shipping act of 1894 (57 and 58 vict, chapter 60). the ship in question was owned in shares by the defendants nos. 1, 2 and 3 and the brother of the ..... first defendant. the ship is registered under the act in the name of the fourth defendant who, however, has no proprietary .....

Merchants Exchange of St. Louis Vs. Missouri

Court : US Supreme Court

..... practice, deprived its members of liberty and property and of equal protection of the laws in violation of the fourteenth amendment. the return also set forth that the grain weighed by its bureau was in large part shipped into or out of the state, that it is commercially necessary as a part of interstate transit to pass grain ..... , an original proceeding in the nature of quo warranto was brought under this statute at the relation of the attorney general in the supreme court of the state against the merchants' exchange, a missouri corporation with the usual powers of a board of trade. see house v. mayes, 219 u. s. 270 ; board of trade v. christie ..... more than 75,000 inhabitants, that page 248 u. s. 367 public weighers of grain are maintained there at all public warehouses and elevators in compliance with the act, and that the respondent in violation thereof and in abuse of its corporate franchise maintains a bureau for weighing grain, grants weight certificates, and makes charges therefor. .....

Khaitan Minerals Vs. Sales Tax Appellate Tribunal for Mysore at Bangal ...

Court : Karnataka

Reported in : AIR1963Kant141; ILR1963KAR183; [1962]13STC508(Kar)

..... high court held that in order to constitute inter-state trade or commerce within the meaning of article 286(2) of the constitution prior to its amendment by the constitution (sixth amendment) act, 1956, it is not sufficient if there is a sale and transportation of goods across the state's frontiers; there should also be a related ..... ) again came up for consideration before the supreme court in state of madras v. gurviah naidu & co., ltd., and others : 1956crilj331 . therein the assessees were merchants dealing in hides and skins in salem; their business consisted mainly in the purchase of hides and skins and exporting the same to foreign countries; they were assessed to ..... after the goods have crossed the customs frontier are not within the exemption; and (3) sale in the state by the exporter or importer by transfer of shipping documents while the goods are beyond the customs frontier are within the exemption assuming that the state-power of taxation extends to such transactions. 25. we next .....