Court : Mumbai
Reported in : (1877)ILR1Bom132
..... decision with reference to the matters then before them, and that in sending up the resolutions to government they were only acting in pursuance of section 14 of their act. the learned judge, having then stated the amendment of the plaint and the subsequent proceedings, continued:2. had the present been simply an application to restrain by injunction ..... court of chancery to restrain, are such as where papers, documents, copies of books, etc., have come into the possession or knowledge of solicitors, agents, accountants, merchants' clerks, etc., in the course of their employment. the publication of such documents the court will restrain, as being a breach or abuse of the confidential relation by ..... of a libel merely, but by way of a protection of the commercial character of the plaintiff treating an injury to the commercial character and credit of a merchant as being in the nature of an injury to property. in the case, however, of the prudential life assurance company v. knott l.r. 10 ch. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1924Bom325; (1924)26BOMLR155; 79Ind.Cas.1012
..... the remarks he made on the point we have to determine. in that case the goods had been shipped under a c. i. f. contract from calcutta by a british subject on a german ship, the goods being consigned to british merchants in london although the ultimate destination of the goods was hamburg, a german port. in accordance with the ..... the property in the goods had actually passed. the court allowed the plaint to be amended accordingly, subject to reservation of the question of costs. 7. in this court it has been argued for the respondents on their cross-objections that the learned ..... assent to the appropriation of these bales by the defendants so as to bring the case under section 83 of the indian contract act. mr. binning eventually did not dispute this proposition and applied to amend the plaint so as to sue in the alternative for damages though for other reasons he did not formally withdraw his contention that .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1961Bom59; 1961BomCR(Cri)59; (1960)62BOMLR807; ILR1960Bom816; (1960)IILLJ491Bom
..... falle (1884) 13 qbd 109 which we found to be of particular interest. the court was concerned in that case with the interpretation of section 172 of the merchant shipping act, 1854, under which a discharged seaman was entitled to a certificate of discharge from his master, and any master who failed to give such a certificate was rendered liable ..... both the proceedings was initially the same, the period was extended from six months to one year in the case of applications under the payment of wages act by a bombay amendment. mr. phadke urged before us that the petitioners are not entitled to give themselves the benefit of the extended period of limitation by applying under the ..... in finding this issue in tho negative. the present case is concerned with the definition of 'wages' in section 2(vi) of the payment of wages act prior to the amendment introduced therein by act no. 68 of 1957. the definition, as it then stood, and in so far as it is material, was in the following terms:--' 'wages' .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1981Bom42
..... . the (indian) merchant shipping act, 1958, was enacted, its preamble reads thus :--'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.'the provisions of section .....
Tag this Judgment!Court : Mumbai
Reported in : [1980(41)FLR199]; (1981)ILLJ462Bom
..... scheme made under the dock workers (regulation of employment) act, 1948, and employed by registered or listed employers;(iv) employees employed by an establishment engaged in any industry ..... quote the same in verbatim :'32. nothing in this act shall apply to -(i) employees employed by any insurer carrying on general insurance business and the employees employed by the life insurance corporation of india;(ii) seamen as defined in cl. 42 of s. 3 of the merchant shipping act, 1958,(iii) employees registered or listed under any ..... may be noticed that cl. (x) and few more clauses have been omitted with effect from 25th september, 1975, by act no. 23 of 1976. as the period covered by the demand is prior to amendment, it will be necessary to read the provision as it then stood.6. the petitioner has based preliminary point on three .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1983Bom178; (1983)85BOMLR250
..... ratified by india nor was any effect given to the same in its municipal laws, despite the fact that the first merchant shipping act, 1958 was enacted when the u.s. a by its 1954 amendment, and the english parliament by its 1956 judicature act, gave effect to those conventions.15. now in order to test the correctness of these submission advanced by mr. meghani ..... in admiralty was stabilised as it existed at the time stabilised as it existed at the time of the passing of that act.23. the english merchant shipping act, of 1854 was repealed and repealed by the merchant shipping act, 1894, subsequently followed by the merchant shipping act,, of 1897, 1906, 1921 and 1937, however, inasmuch as the jurisdiction of the bombay high court as an admiralty court was stabilised .....
Tag this Judgment!Court : Mumbai
Reported in : 1985(20)ELT57(Bom)
..... on it was amended to include a coastal trade. reliance is placed upon the above circumstances to suggest that the petitioners vessel is a sea-going ship and consequently it would be an ocean-going vessel. as against this shri sethna urged that the definition of the word 'sea-going' as given in the merchant shipping act has no ..... is capable of going to the ocean. he also drew our attention to certain provisions of the merchant shipping act, 1958 and more particularly part v thereof. section 20 provides that the said part applies only to sea-going ships fitted with mechanical means of propulsion. the other sections of this part deal with the procedures for ..... registration of such ships and under section 34 a certificate is required to be issued about such registration. the term 'sea-going ship' has been defined in section 3(41) of the merchant shipping act, 1958, in following words :''sea-going', in the relation to a vessel means .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1986Bom428; 1986(3)BomCR68; (1986)88BOMLR525; 1986MhLJ794
..... cassette as well as on its case).(2) the provisions of sub-rule (1) shall apply in relation to an amendment of certificate in respect of a film as it, applied in relation to the certificate itself.(3) the duplicate copy of ..... emotions and making powerful mental impact so much so the treatment of this form of art on a different footing with pre-censor ship may well be regarded as a valid classification, as was held in k.a. abbas, : [1971]2scr446 . may be ..... content. failing which some form of government restraint and control will be necessary to prevent the merchants from poisoning the minds of the susceptible. if the merchants are allowed to have unrestricted canto the most powerful image making device, like, video films and ..... appearing for the respondents has, therefore, rightly conceded before us that the word 'exhibition' as used in section 4(1) of the act will mean 'public exhibition' and will not cover private exhibition of the film. therefore by way of illustrations, it is conceded by .....
Tag this Judgment!Court : Mumbai
Reported in : 1992(3)BomCR367
..... are also other objects'. it also indicated an other object 'to provide for the registration of indian ships and generally to amend and consolidate the law relating to merchant shipping'., vessels registered in india and required by the act to be so registered, apart from the categories covered by sub-clause (c) of section 2 are ..... covered by the act. sub-clause (9) defines a 'distressed seaman'. 'indian ship' is defined under section 2(18). 'proper officer ..... natural craving now gets an additional impetus, arising from the economic needs and occupational requirements. even when we dissect the provisions of the merchant shipping act, and the rules provided thereunder, the human element, visible from the pages of the history, and forming the background of some of the international statutes .....
Tag this Judgment!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 .....
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