Court : Mumbai
Reported in : 1994(3)BomCR566
..... 's dictionary of english law, volume - 2 at page 1683, defines 'stevedore' as 'a person employed to stow a cargo on board a ship' and makes a reference to the merchant shipping (stevedores and trimmers) act, 1911. it further says that a stevedore is a person whose business is to undertake the stowage or discharge of cargos with a gang of men ..... those engaged in work on the wharf also. for example, the work of a godown khalasi included in the stevedoring scheme by an amendment of 1988 is work in the docks and not on the ship itself. it would not, therefore, be correct to say that the stevedoring scheme will not apply to work which is done in the ..... is filed on behalf of gearmen, godown khalasis and carpenters working in the bombay docks. these categories of workmen were brought under the stevedoring scheme of 1956 by an amendment made to scheme on 4-5-1988. the grievance of the petitioners is that they have not been registered under the stevedoring scheme of 1956 although they were entitled .....
Tag this Judgment!Court : Mumbai
Reported in : 1996(2)BomCR293
..... the respondent no. 2 shall make arrangement for medical examination of the petitioners as contemplated under rule 4(4) of the merchant shipping (continuous discharge certificates) rules, 1993 as amended read viz. merchant shipping (medical examination) rules, 1986. there is a consensus at the bar that this order of the court has been duly ..... under the above referred rules concerning issue of continuous discharge certificate. section 99 of the merchant shipping act, 1958 provides that no person shall engage or carry to sea any seaman under the act in any ship, except a home-trade ship of less than two hundred tons gross, from any port in india unless the ..... seaman is in possession of a certificate of discharge or a continuous certificate of discharge issued under part vii of the merchant shipping act, 1958. the respondents have declined to issue 'continuous discharge certificate' in favour of the petitioners on the ground that the petitioners have not complied .....
Tag this Judgment!Court : Mumbai
Reported in : 1997(4)ALLMR133; 1997(2)BomCR389
..... , court below seriously erred in holding that consent of the charity commissioner was required under section 51 of the bombay public trust act before amendment could be allowed. according to him amendment in the title was only descriptive and by that it cannot be said that any change of the character of the suit was ..... trustee in the trust, and, mr. jagdish thackerey 5th defendant. shri vijay merchant found that these persons have committed gross breach of trust and had also misconducted themselves in collusion to the prejudice of the trust. the plaintiffs alleged that ..... plaintiffs are the persons having interest in the said public trust and all of them are beneficiaries of the said trust. according to plaintiffs, shri vijay merchant prior to his death discovered certain irregularities committed on trust by 4th defendant sudhir thackerey in active collusion with his brother chandrahas thackerey who is not a .....
Tag this Judgment!Court : Mumbai
Reported in : 1997(3)ALLMR620; 1997(4)BomCR10
..... the certificate of service in the appropriate form prescribed in that behalf.5. section 80 of the act was repealed by the merchant shipping (amendment) act, 1986 (no. 33 of 1986) with effect from 14th august, 1986. section 5 of the amending act contains a saving clause and it reads as follows :'for the removal of doubts, it is hereby ..... declared that the amendments made in the principal act by this act shall not apply to, or in relation to, ..... in the executive branch of the indian navy are entitled to a certificate of service as the master of a foreign going ship without examination under section 80(1) of the merchant shipping act, 1958 (act for short) after repeal of the said section on 14th august, 1986, is the short but interesting question which falls for .....
Tag this Judgment!Court : Mumbai
Reported in : 1997(4)ALLMR590; (1997)99BOMLR651
..... steam. navigation v. shanmughavilas cashew : 1990(48)elt481(sc) reference in this respect is also made to certain decisions of the english court in the light of provisions of uk merchant shipping act of 1854. to mention one or two such cases are: (i) cope v. doherty (1858) 2 dj. 614 and (ii) the amalia (1863) 1 n.s. 471. ..... b) which read as under:(a) that this hon'ble court be pleased to declare that the plaintiffs are entitled to limit their liability under the provisions of the indian merchant shipping act, 1958 in the sum of rs. 3,32,88,597/- (as per the particulars thereof at exhibit 'j' to the plaint and no more in respect of the ..... way of amendment in the year 1971 and of statements and objects and reasons in para 4 there is clear reference made to the international convention. the supreme court in elisabeth's case has also recognized and accepted the said position. in the context of dispute para 78 of the said judgment will be relevant:78. the merchant shipping act, 1958 contains .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1998Bom157; 1998(2)ALLMR207; 1998(1)BomCR214
..... to penalties)shall apply in relation to a certificate of service as they apply in relationto a certificate of competency.' the aforesaid section was deleted by the merchant shipping (amendment) act, 1986.section 5 of the said act 33 of 1986, which is a saving section, reads as under :---'5. for the removal of doubts, it is hereby declared that the amendmentsmade in the principal ..... dated 5th/6th december, 1996 passed by the learned single judge, directing the appellants to grant certificates of service as provided under section 80(1) of the merchant shipping act, 1958 (hereinafter referred to as 'the act'), to the respondents, who have attained the rank of lieutenant in the executive branch of the indian navy prior to 14th august, 1986. section 80 of the .....
Tag this Judgment!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 .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Reported in : (1999)(108)ELT250Tri(Mum.)bai
..... customs department. much less is the customs department concerned with the activity of the local agent of the charterer.further the manifest itself was permitted to be amended and the cargo cleared. the contention of the departmental representative that the penalty has been imposed for the reason that the slot charterer omitted to supply the ..... vessel had been found carrying 12 containers which the slot charterer had contracted to ship on behalf of parties. these containers were not included in the import manifesto filed by the agent of the vessel. the agent filed an application for amendment of the manifesto explaining that the slot charterer had omitted to intimate him of the ..... order of the commissioner of customs imposing a penalty of rs. 11 lakhs on the appellant under section 112 of the act.2, the appellant is an agent of the slot charterer of m/s. hyundai merchant marine co. the slot charter is explained in the following terms in the book maritime law by christopher hill, published .....
Tag this Judgment!Court : Mumbai
Reported in : AIR2000Bom57; (1997)3BOMLR651; 2000(1)MhLj699
..... judgment passed by the hon'ble supreme court of india and in any event, falls within the purview of chapter part x-a of the merchant shipping act. c. all consequential amendments be allowed.' 10. the said chamber summons has been made returnable on 27-8-1999 but mr. parikh, the learned counsel appearing for the ..... be imminently filed against them within the jurisdiction of this hon'ble court, thereby entitling the plaintiffs to invoke the provisions of part xa of the merchant shipping act, 1958 in order to limit liability. 19e. the plaintiffs further state and submit the basis on which the louisiana court decree which came to be passed ..... in the alternative it is prayed that the plaintiffs -- snp shipping services (pvt.) ltd. (for short 'snp shipping') be directed to withdraw this suit.2. snp shipping are the plaintiffs in admiralty suit no. 58 of 1998 filed under the provisions of the merchant shipping act, 1958 (act of 1958} for constituting the limitation fund for limiting their liability .....
Tag this Judgment!Court : Mumbai
Reported in : 2000(1)ALLMR146; 2000(1)BomCR781; 2000(2)MhLj198
..... the provisions relating to a certificate of service as they apply in relation to a certificate of competency.'6. section 80 was repealed by the merchant shipping (amendment) act, 1986 (no. 33 of 1986) with effect from 14th august 1987. several officers of the indian navy, who had attained the substantive rank of sub- ..... writ petition no. 783 of 1998, was commissioned in indian navy as sub-lieutenant on 1-1-1985.5. section 76 of the merchant shipping act, 1958 provides that everyindian ship, other than a home-trade ship of less than 200 tonnes grossengaged in coasting trade of india, when going to sea from any port or place,shall be provided with ..... application for getting the certificate and that the subsequent procedure prescribed to get delivery of the certificate under section 80(5) or (6) had been deleted by the amending act, 1987, but the right itself had not been annulled; that the right continued to be in existence and the certificate could be obtained by filing an application. .....
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