Court : Kolkata
Reported in : AIR2004Cal294,2006(2)CTLJ92(Cal)
..... absolutely or by way of mortgage or otherwise, of any ship or vessel, or any part. interest, share or property of or in any ship or vessel registered under the merchant shipping act. 1894, or under act 19 of 1838, or the indian registration of ships act. 1841 as amended by subsequent acts.'33. in my opinion neither the consent decree nor the terms ..... of settlement comes within the purview of the chargeability of stamp act, in two old decisions of allahabad ..... terms of settlement was filed, plaintiff had already agreed to sell and transfer his alleged 15/16 undivided share in the property to the said g.k. shipping company for rs. 96 lacs and in fact a sum of rs. 75 lacs was received. therefore, going by the valuation as stated in the agreement .....
Tag this Judgment!Court : Kolkata
Reported in : 2004(3)CHN509
..... office.17. the aforementioned recommendations have been accepted by the central government.18. therefore, the directions contained in the impugned judgment and order are contrary to the said act of 1958 as amended by the merchant shipping (amendment) act, 2002 and, therefore, are not sustainable in law.19. our attention has been drawn that the central government has not yet published the rules for the purpose ..... 1958 to enable the government of india or its agencies to give effect to those conventions and protocols.10. section 95 of the said act of 1958 has been amended by merchant shipping (amendment) act, 2002. such amendments were brought in to redefine the role of seamen's employment offices to control and regulate the manning agents and recruitment and placement service instead of controlling and regulating .....
Tag this Judgment!Court : Chennai
Reported in : AIR2004Mad498; (2004)1MLJ525
..... may subject her to penalties on returning on a subsequent visit. (benefict, the law of american admiralty, sixth edition, pages 121 & 122). 78. the merchant shipping act, 1958 contains various provisions to enforce territorial jurisdiction. the act being essentially regulatory in character, the various authorities, tribunals and courts entrusted with the administration and enforcement of its provisions are essentially stated. the high court ..... order dated 06-10-1998 as such not a necessary party. after lapse of substantial time i.e., on 10-02-1999, the appellant has filed other applications to amend the date of the impuned order from 06-10-1998 to 05-10-1998. hence, it is not open to the appellant to convert the appeal against the order ..... to 4, to deposit or re-deposit into the court a sum of us $ 60,000; c.m.p.no.2565 of 1999 is filed, seeking permission to amend the date of the impugned order as 05.10.1998 instead of 06.10.1998; c.m.p.no.2566 of 1999 is to direct the remittance of sum of .....
Tag this Judgment!Court : Supreme Court of India
Reported in : JT2003(9)SC218; 2003(10)SCALE1; (2004)9SCC512
..... also provide for a compulsory insurance. reference in this connection has been placed on the inland vessels act, 1917 (as amended in the year 1977), the merchant shipping act, 1956 (as amended in 1983) and multimodal transportation of goods act, 1993 (as amended in 2000) and in that view of the matter the pedantic and regressive view should be ..... a century back, may be held to be so now.indian statutes operating in the field:67. section 352n of the indian merchant shipping act, 1958 makes such an insurance compulsory which reads as under:'352-n. compulsory insurance or other financial guarantee. - (1) the owner of every indian ..... pointer to the fact that such insurance has become more and more commercially expedient. no ship having regard to the ramification in international law can sail without such insurance. apart from the 1952 brussels arrest convention, the merchant shipping (oil) pollution act, 1961 makes insurance compulsory.41. as would be noticed hereinafter, p&i; insurance .....
Tag this Judgment!Court : Mumbai
Reported in : 2003(4)MhLj1034
..... suits, but that would not be the position under the act of 2002 as section 32 of the amendment act of 1999 will not apply to insofar as the amendment brought about by the act of 2002. my attention was invited to the judgment of the apex court in the case of dr. j. j. merchant and ors. v. shrinath chaturvedi, : [2002]supp1scr469 . ..... there the apex court was considering the provisions of the consumer protection act, 1986. it ..... civil procedure. however, neither order 5, rule 1, nor order 8, rule 1 has been the subject matter of the said suit. 7. the object of the amendment act, however, should not be frustrated. it is ultimately enacted with an object to avoid delays and to see to it that the written statements are filed as expeditiously as .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Reported in : (2003)(89)ECC173
..... .3. it is contended by the appellant that engines were in fact supplied for fitment of ship. counsel for the appellant relies upon the definition contained in section 283a of the merchant shipping act, of a new ship or new vessel as a "ship or vessel whose keel is laid or which is at a similar stage of construction on or ..... date as defined in sub-section (2)". this section comes in part x of the act relating to safety and is only applicable to that part. further, the provisions of the merchant shipping act, which has been enacted to regulate matters relating to shipping, cannot be made use of in construing the terms of an exemption notification issued under section ..... any duty, claiming the benefit of the exemption contained in entry 3 of the table to the notification 64/95 as amended. this entry exempts from duty goods supplied as stores for consumption on board ships of the indian navy or coast guard. notice issued to the appellant demanded duty and proposed penalty on the ground that .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Reported in : (2002)(148)ELT1006Tri(Mum.)bai
..... and imposed penalty.3. it is contended by the appellant that engines were in act supplied for fitment of ship. counsel for the appellant relies upon the definition contained in section 283a of the merchant shipping act, 19 of a new ship or new vessel as a "ship or vessel whose keel is laid or which is at a similar stage of ..... date as defined in sub-section (2)". this section comes in part x of the act relating to safety and is only applicable to that part.further, the provisions of the merchant shipping act, which has been enacted to regulate matters relating to shipping, cannot be made use of in construing the terms of an exemption notification issued under section ..... any duty, claiming the benefit of the exemption contained in entry 3 of the table to the notification 64/95 as amended. this entry exempts from duty goods supplied as stores for consumption on board ships of the indian navy or coast guard. notice issued to the appellant demanded duty and proposed penalty on the ground that .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2003SC3983; 104(2003)DLT779(SC); JT2003(4)SC549; 2003(4)SCALE581; (2003)5SCC437
..... entirely different footing. the vessels in question were imported under the prevailing policy of the government and were registered by the mercantile maritime department under the merchant shipping act, 1958. the said vessels were not in any way connected with the cases at hand which relate to lease and charter permits. the aforesaid 32 ..... by directing principles thwarted to further his own interest. the caution, particularly in the changing scenario becomes all the more important. 23. if the state acts within the bounds of reasonableness, it would be legitimate to take into consideration the national priorities and adopt trade policies. as noted above, the ultimate test ..... vessels. the recommendations were approved and accepted. it was pointed out that fishing in indian exclusive zone by foreign vessels is governed and regulated by the act and the rules thereunder while fishing by indian vessels in the said zone is governed by executive orders. 8. responding to the aforesaid pleas, learned .....
Tag this Judgment!Court : Mumbai
Reported in : 2003(5)BomCR733; 2004(1)CTLJ279(Bom); 2003(2)MhLj717
..... only be a ceiling, with the port and the entrepreneur having the freedom to charge below that tariff. in the light of the policy decision the major port trust act has been amended by inserting chapter va for constitution and incorporation of tariff authority for major ports.5. on 19th july 2002 the board of trustees of the jnpt passed the resolution ..... ) representations have been received by the government from the mumbai and nhava sheva steamer agents association with copies to the container shipping lines association (india) federation of steamer agents association of india, the bombay chamber of commerce and industry, the indian merchants chamber, and the confederation of indian industry that, no 'private monopoly' is allowed to be developed in any port/terminal .....
Tag this Judgment!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 .....
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