Court : Kolkata
Reported in : (1880)ILR5Cal453
..... into charges of misconduct, and inquiries into wrecks or casualties.13. the next change of importance in the law was by the imperial act, 25 and 26 vict., cap. 63, the 'merchant shipping act amendment act, 1862.' hitherto the board of trade had itself cancelled its own certificates upon the report of the appropriate tribunal. section 23 of ..... this act enacted that: 'the power of cancelling or suspending the certificates of a master or mate by the 242nd section of the principal act [that is the act of 1854] ..... not ordered by any court, but ordered in england by the board of trade; in india by the local government.64. now, the section of the merchant shipping act which i have read requires, that, before the inquiry commences, a copy of the report, or a statement of the case upon which the investigation has .....
Tag this Judgment!Court : Kolkata
Reported in : (2003)2CALLT395(HC)
..... sectors which do not have a retainer scheme. the legal tenability of relieving the seos of the functions laid down in the merchant shipping act, 1958 should be established by amending the ms act, if necessary. the committee is not able to recommend the continuance of the seo at madras as there is no demand for ..... the government of india accepted the recommendation of the second maritime session of the international labour conference of 1920 about the placement of seamen and the indian merchant shipping act, 1923 (hereinafter called as 'imsa') was introduced. it has been further contended that pursuant to the recommendation of the said conference all licences of the ..... attempt has been made to give the background and the mode and manner in which the seamen were engaged and employed prior to the promulgation of the merchant shipping act 1958 (hereinafter called as 'msa'). it has been stated that the procedure relating to the employment of seamen prevailing prior to msa gave ample opportunity .....
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 : US Supreme Court
..... board" is clear. 50 u.s.c. 191(a). as respects personnel of our own merchant ships, the power exists under the act only if it is found in the power to "safeguard" vessels and waterfront facilities against "sabotage or other subversive acts," that is, under 191(b). the solicitor general argues that the power to exclude persons ..... the time belongs and to which he has belonged during the past five years." id. at 364 u. s. 481 . we held that an act touching on first amendment rights must be narrowly drawn so that the precise evil is exposed; that an unlimited and indiscriminate search of the employee's past which interferes with his ..... .) i agree that, since congress did not specifically authorize a personnel screening program, authority to impose procedures of the comprehensive type here involved, necessarily impinging on first amendment freedoms, may not be inferred from dubious general language. the fault, however, is not that there was an inadequate or page 390 u. s. 28 improper delegation .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1963SC1307; [1964]1SCR535
..... or other disposition, either absolutely or by way of mortgage orotherwise, of any ship or vessel, or any part, interest, share or property ofor in any ship or vessel registered under the merchant shipping act, 1894, orunder art. xix of 1838, or the indian registration of ships act, 1841, (x of1841), as amended by subsequent acts.' 10. another important change in the legal position was effected by framingrules under ..... the act. while s. 74 empowers the state government to make rulesrelating to the sale .....
Tag this Judgment!Court : Uttaranchal
..... disposition, either absolutely or by way of mortgage or otherwise, of any ship or vessel, or any part, interest, share a property of or in any ship or vessel registered under the merchant shipping act, 1894, or under act xix of 1838, or the indian registration of ships act, 1841 (x of 1841), as amended by subsequent acts. [explanation- where the amount of duty prescribed in schedule 1-b contains ..... any person, was executed out of uttar pradesh- (i) in the case of instruments mentioned in schedule 1-a on or after the date on which the u.p. stamp (amendment) act, 1948, came into force; and (ii) in the case of instruments mentioned in schedule 1-b, on or after the date on which the u.p. stamp ..... by any person was executed in uttar pradesh- (i) in the case of instruments mentioned in schedule 1-a on or after the date on which the u.p. stamp (amendment )act, 1948, came into force, and (ii) in the case of instruments mentioned in schedule 1-b on or after the date on which the u.p. stamp .....
Tag this Judgment!Court : Delhi
Reported in : 63(1996)DLT971; 1997(40)DRJ441
..... , as its preamble indicates. (16) sections 443 and 444 are to be found contained in part xvi of the act which ..... merchant shipping act 1958 ( act 44 of 1958) is 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 ..... to s. 20 civil procedure code while the assistance should have been derived from the provisions contained in section 443 of the merchant shipping act read with the provisions contained under order xxxviii and xxxix of the civil procedure code so far as the jurisdiction to grant interim .....
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 : 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 : 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 .....
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