Judgment Search Results Home > Cases Phrase: merchant shipping amendment act 2007 section 5 insertion of new section 99a Page 7 of about 365 results (0.230 seconds)

Hanwha General Insurance Co. Ltd. Vs. m.v. ELENI (IMO No.9460277)

Court : Mumbai

..... or have ratified or have accepted the instruments concluded in the conventions on limitation of liability for maritime claims. india has, infact included it in its domestic law merchant shipping act, 1958, as amended, not the entire provisions of one such convention as explained later, but most of it. 4. on 19th november 2013, the owners of m.v. ..... or not because the order dated 22nd october 2014 is silent in that regard. 22. submissions were also made on the applicability of part xa of the merchant shipping act, 1958 (ms act) to this suit. the plaintiff's counsel contended that it was applicable, whereas the defendant's counsel submitted that it is not applicable because it contemplates ..... present case, the high court which is administering the fund is the hong kong high court. the definition of high court in section 3(15) of the merchant shipping act is not applicable because section 3(15) refers to the high court in relation to a vessel. the high court in relation to a vessel may not be .....

Warner Vs. Goltra

Court : US Supreme Court

..... am not aware that any exists." story, j., in the george, supra, at p. 155. cf. the rule in great britain under the merchant shipping act, 1906 (6 edw. 7, no. 48, 34). the old measure of recovery was the same for all aboard, the highest and the lowest. ..... contexts in which the word seaman is held to exclude the master, or even any officer. see, e.g., r.s. 4530, as amended by 31 of the merchant marine act of 1920 (46 u.s.c. 597); also 46 u.s.c. 564, 568, 570, 592, 594, 658, reenacting r.s ..... , general and permanent in their nature in force on the 7th day of december, 1925, but nothing in this act shall be construed as repealing or amending any such law, or as enacting as new law any matter contained in the code. in case of any inconsistency ..... v. new york, n.h. & h. r. co., 281 u. s. 128 , 281 u. s. 134 -136. the bill was accordingly amended in its progress through the house by declaring the exception. there can be little doubt that congress did this in the belief that, under the statutes then in .....

Central Vermont Transportation Co. Vs. Durning

Court : US Supreme Court

..... later defined so as to bring them within the prohibition reenacted in 27. 38 of the merchant marine act, amending 2 of the shipping act of 1916, c. 451, 39 stat. 728, 729, and made applicable to the merchant marine act by 37 of the latter act. it insists that the prohibition of 27, to which it was subjected by the ..... amendment, deprives it of property without due process of law, in violation of the fifth amendment. this contention ..... latter amending 2 of the shipping act of 1916) whereby the interests required to be held by citizens in order that a corporation may be deemed "a citizen of the united states" are defined. 2. the proviso of 27 of the merchant marine act, exempting from its operation "merchandise transported between points within the continental united states, .....

Snp Shipping Services Pvt. Ltd. Vs. Kara Mara Shipping Co. Ltd. and or ...

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 .....

Mr. Allan S.F. Falerio Vs. State of Goa Through the Chief Secretary, S ...

Court : Mumbai

Reported in : 2010(112)BomLR7

..... the petitioner.14. admittedly, a coc is granted in terms of part vi of the merchant shipping act, 1958 which part in terms of section 75 thereof applies to:(a) every sea going indian ship fitted with mechanical means of propulsion wherever it is; and(b) every foreign ship while it is at port or place in india.section 75-a(b) of the said ..... convention to mean the international convention on standards of training, certification and watchkeeping for seafarers, 1978, signed at london on 7th day of july, 1978, as amended from time to time. section 76 of the said act, inter alia, further provides that every indian ship, when going to sea from any port or place, shall be provided with officers duly certified under this .....

The Great Eastern Shipping Co. Ltd. Vs. State of Karnataka

Court : Supreme Court of India

..... .8. the tug shall be made available for port operations round the clock (24 hours a day) throughout the contract period.9. the contractor shall comply with the indian merchant shipping act and any other legislation related to the operation of a tug in indian territorial waters, and if of foreign registry, shall obtain the appropriate licenses/permission from the directorate general ..... . one of the principles providing a situs of sale was engrafted in the explanation to clause (1)(a) of article 286, as it existed prior to the constitution (sixth amendment) act, which provided that the situs of sale would be where the goods are delivered for consumption. the second view is, the situs of sale would be the place where the ..... provides levy of tax on the transfer of the right to use any goods. article 366(29a)(d) inserted by the constitution (46th amendment) act, 1982 on 2.2.1983 reads: 366. (29) tax on income includes a tax in the nature of an excess profits tax; (29a) tax on the sale or purchase .....

Argentine Rep. Vs. Amerada Hess

Court : US Supreme Court

..... of blockade," but the warship may only use force if the merchant ship "fails to observe the instructions given it." article 27 provides that "[a] belligerent shall indemnify the damage caused by its violation of the foregoing provisions. it shall likewise be responsible for the acts of persons who may belong to its armed forces." justice blackmun ..... in light of the comprehensiveness of the statutory scheme in the fsia, we doubt that even the most meticulous draftsman would have concluded that congress also needed to amend pro tanto the alien tort statute and presumably such other grants of subject matter jurisdiction in title 28 as 1331 (federal question), 1333 (admiralty), 1335 (interpleader ..... states. in light of the comprehensiveness of the fsia's scheme, it is doubtful that even the most meticulous draftsman would have concluded that congress also needed to amend pro tanto the ats and presumably other grants of subject matter jurisdiction in title 28. pp. 488 u. s. 436 -438. (d) the rule .....

Merchant Fleet Corp. Vs. Harwood

Court : US Supreme Court

..... and executive orders, described and considered in earlier opinions of this court, require a different conclusion with respect to its contracts. shipping act of september 7, 1916, c. 431, 39 stat. 728, 730-732; urgent deficiency act of 1917, supra; merchant marine act of june 5, 1920, c. 250, 41 stat. 988; executive orders no. 2664, july 11, 1917, no. ..... sue the fleet corporation on its contracts. p. 281 u. s. 527 . 5. subdivision (c) of 2 of the merchant marine act, providing that any person dissatisfied with any decision of the shipping board "shall have the same right to sue the united states as he would have had if the decision had been made by ..... 2(b)(2), and 2(c) of the merchant marine act of june 5, 1920, 41 stat. 988, which now affords the exclusive remedy for the enforcement of the liability. this legislation repealed, with certain specified exceptions, the emergency shipping fund provisions of the urgent deficiencies act of june, 1917, as amended. section 2(b)(1) directed that "all .....

Antonio R. Borges and ors. Vs. Union of India (Uoi), Through Its Secre ...

Court : Mumbai

Reported in : 2003(4)BomCR529

..... the surveyor-in-charge, captain k.p. jayakumar, which had the effect of discharging the petitioners from their services. the order was based on the provisions of the merchant shipping act, 1958. the petitioners have also challenged the enquiry sought to be initiated against them pursuant to the letter dated 1st august, 2001.3. the facts giving rise to this ..... and that the enquiry would be held on 13th august, 2001. they did not take part in the enquiry and have filed this petition.5. the petition was further amended and prayers for quashing and setting aside the enquiry proceedings and the order passed by the surveyor-in-charge of respondent no. 3, at annexure 'j' and for ..... pertinent to note that eventhough this ground was included in the petition by way of amendment, no specific provision of the act of 1958 or the rules is quoted in support thereof as to how it is without jurisdiction. however, section 95(3) of the act of 1958, was shown to us which gives powers to the central government to .....

J.V. Gokal and Co. (Private) Ltd. Vs. the Assistant Collector Sales-ta ...

Court : Supreme Court of India

Reported in : AIR1960SC595; [1960]2SCR852; [1960]11STC186(SC)

..... purshottam tricumdas, appearing for the petitioner, raised before us the following contentions : (1) under art. 286(1)(b) of the constitution, as it stood before the constitution (sixth amendment) act, 1956, the sales in question were not liable to sales tax inasmuch as they took place in the course of import of the goods into the territory of india; (2 ..... export was a sale that took place in the course of export of the goods. if a, a merchant in india, sells his goods to a merchant in london and puts through the transaction by transporting the goods by a ship to london, the said sale which occasioned the export is exempted under art. 286(1)(b) of the ..... . a scrutiny of all the terms of the contract does not indicate the intention that the property in the goods shall not pass to the buyer notwithstanding delivery of shipping documents against payment. 15. apart from the terms of the contract, reliance is also placed by the learned counsel for the respondents on the following circumstances : (i .....