Court : Mumbai
Reported in : AIR2000Bom34; 2000(1)BomCR511; (2000)1BOMLR56; 2000(2)MhLj570
..... mawlaya was in the bombay harbour at the time when it filed its suit for limitation. reliance is placed on section 2(2) of the merchant shipping act for this purpose. section 2(2) however, has no application to a limitation action per se, as stated earlier. a limitation action is not directed against the ..... to as 'the new orleans court', against the vessel m.v. ya mawlaya in remand against m/s. kara mara shipping co. ltd., holbud ship management ltd., holbud ltd., hydery (p) ltd. in personam. thereafter by an amendment and supplementary complaint, the second defendants impleaded the plaintiffs as well as mr. hasnain merali, mr. shaukat akbarali merali and ..... relief of damages for defamation, learned counsel mr. manohar has very fairly stated that this court will have the jurisdiction to entertain the suit as according to the amended plaint wrong has been done within the territorial jurisdiction of this court. he, however, submits that a look at the plaint together with the documents on the .....
Tag this Judgment!Court : Mumbai
Reported in : AIR2000Bom211; 2000(2)ALLMR48; 2000(2)BomCR556
..... agreement with the aforesaid view of madras high court being legal, logical and in accord with the public policy.21. it may be noted that under the merchant shipping act, 1958, high court in relation to a vessel means the high court within the limit of whose appellate jurisdiction the port of registry of the vessel is ..... paper mills co. ltd., : [1985]3scr26 . we are of the opinion that in view of the clear provisions of section 7(2) of the criminal law amendment act, 1952 and articles 14 and 21 of the constitution, these directions were legally wrong.24. the decisions which are given in ignorance or forgetfulness of some inconsistent statutory ..... the territories. article 372 provides for continuance in force of existing laws and their adaptation until altered or repealed or amended by the competent legislature or authority. in the year 1956, the state reorganisation act was enacted by the parliament. upon formation of new states, the local limits of respective high courts for the exercise .....
Tag this Judgment!Court : Mumbai
Reported in : AIR2000Bom333; 2000(3)ALLMR705; 2000(3)BomCR760
..... of government of india. the objects and reasons further sets out that as a prelude to depositing india's acceptance of the 1960 convention, it is necessary to amend the merchant shipping act, 1958 suitably. it is, therefore, clear that the amendment was brought out to be in conformity with the international convention for the safety of life at sea, 1960. the aim of the ..... introduced in 1966.what then was the object of the amendment. the statement of objects and reasons forms a part of the bill as introduced in the rajya sabha on 9th december, 1965. the statement of object and reasons sets out that the minimum standards laid down in the merchant shipping act, 1958 which merchant ships should comply with in the interest of safety of life .....
Tag this Judgment!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 .....
Tag this Judgment!Court : Mumbai
Reported in : 2002(2)MhLj685
..... board has clarified that 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 the member of a crew of an indian ship as defined in section 3(18) of the merchant shipping act, is regarded as resident in ..... department relied upon the provisions of the merchant shipping act. wedo not find any merit in the said contention. the provisions of the merchantshipping act are not in pari materia to the provisions of the income tax act.the said merchant shipping act is not even a fiscal legislation. the provisions ofthe merchant shipping act are essentially invoked in cases of accidents ..... from indian territorial waters. he contended that provisions of the merchant shipping act has no application to the facts. he contended that scope of the merchant shipping act is quite different from the provisions of income tax act. he contended that the purpose of income tax act was to tax the income and in that connection one has .....
Tag this Judgment!Court : Mumbai
Reported in : (2001)165CTR(Bom)404; [2001]247ITR247(Bom)
..... board has clarified that 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 the member of a crew of an indian ship as defined in section 3(18) of the merchant shipping act. is regarded as resident in ..... department relied upon the provisions of the merchant shipping act. we do not find any merit in the said contention. the provisions of the merchant shipping act are not in pari materia to the provisions of the income tax act. the said merchant shipping act is not even a fiscal legislation. the provisions of the merchant shipping act are essentially invoked in cases of ..... from indian territorial waters. he contended that provisions of the merchant shipping act has no application to the facts. he contended that scope of the merchant shipping act is quite different from the provisions of income, tax act. he contended that the purpose of income tax act was to tax the income and in that connection one has .....
Tag this Judgment!Court : Mumbai
Reported in : AIR2002Bom371; 2002(2)ALLMR191; 2002(1)BomCR724; 2002(2)MhLj563
..... from 27th october, 1993- thus, act no. 68 of 1993 is a subsequent act enacted by the same legislature which enacted the d.r.t. act. by section 5 of the amending act, section 51 has been substituted. the original section ..... not be ousted because of the provisions of the d.r.t. act.9. it is to be seen that the d.r.t. act is enacted by the union parliament being act no. 51 of 1993 and it has come into force on 24th june, 1993. the merchant shipping act was extensively amended by the merchant shipping (amendment) act, 1993, no. 68 of 1993 and it has come into force .....
Tag this Judgment!Court : Mumbai
Reported in : 2002(2)BomCR537
..... mandatory and should be considered as a 'necessary' for a vessel. he referred to the inland vessels act, 1917 (amendment in 1977), the merchant shipping act, 1956 (amendment in 1983) and the multimodal transportation of goods act, 1993 (amendment in 2000) to show the trend of domestic legislation in india towards making insurance compulsory and mandatory ..... for ships and multimodal transport operators and submitted that there is no good reason for holding that insurance is ..... this sub-section shall be construed as extending the cases in which money or property is recoverable under any of the provisions of the merchant shipping acts, 1894 to 1979.'this jurisdiction is wide enough to cover all claims in tort or contract arising out of any agreement for carriage .....
Tag this Judgment!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 .....
Tag this Judgment!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 .....
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