Court : Kolkata
Reported in : (1999)2CALLT364(HC)
..... such the liability of the defendant no. 1 could not exceed the limits set by under section 352 of the merchant shipping act, 1958 as it stood prior to its amendment by the merchant shipping amendment act, 1970.16. consequent to the amendment of the plaint on 11th march 1977 an additional written statement has been filed on behalf of the defendant no ..... question of limitation of liability by the respondents, and quantification of damages. the appellant has in this connection referred to sections 352 and 352b of the merchant shipping act. 1958. the issue before the learned trial judge was the collision caused solely by the fault of the border terrier as alleged by the plaintiff or ..... past the collision occured. we think that the learned judge rightly rejected this case of the plaintiff as sought to be introduced by the plaintiff by amending the plaint, first on ground that this case was never put clearly lo the defendant's witnesses and secondly, evidence of the plalnllffs witnesses on the .....
Tag this Judgment!Court : US Supreme Court
..... of 1862 extended the provisions of the prior acts to foreign page 152 u. s. 128 as well as british ships, and to cases of loss of life or personal injury, as well as damage or loss to ..... some difficulties encountered in determining at what point of time the value of the ship should be taken, and to establish a more uniform and equitable method of limiting the liability of the owner, the merchant shipping amendment act ..... its nature and value were disclosed. in all these statutes, the liability of the owner was limited to his interest in the ship and freight for the voyage. by section 505 of the merchants' shipping act of 1854, freight was deemed to include the value of the carriage of goods, and passage money. owing, probably to .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2008SC509; 2008(1)CHN132; 2008(1)CTC60; [2008(1)JCR126(SC)]; (2008)1MLJ1139(SC); RLW2007(4)SC3556; 2007(13)SCALE190; 2007AIRSCW7378; AIR2008SC509; 2008(1)ICC560; 2008(1)KCCRSN19
..... 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 1938, or the indian registration of ships act, 1841 (10 of 1841) as amended by subsequent acts.(3) any instrument executed, by or on ..... behalf of, or in favour of the developer, or unit or in connection with the carrying out of purposes of the special economic zone.section 17 of the act ..... as per section 3, the instrument is to be registered on the basis of the valuation disclosed therein. but section 47-a of the rajasthan(amendment) stamp duty act contemplates that in case it is found that properties are under valued then it is open for the collector (stamps) to assess the correct .....
Tag this Judgment!Court : UK Supreme Court
..... aviation regulations. the extension of the working time directive in its original and consolidated form to other mobile workers was further implemented domestically by inter alia the merchant shipping (working time: inland waterways) regulations 2003 (si 2003 no. 3049) made 23 december 2003 and the fishing vessels (working time: sea-fishermen) regulations ..... exceptions matching those of the directive, by the working time regulations 1998 (si 1998 no. 1833) ("the working time regulations"). these regulations (as amended by the working time (amendment) regulations 2001 (si 2001 no. 3256)) provide that a worker is "entitled to four weeks' annual leave in each leave year" (regulation 13 ..... working time) regulations 2004 (si 2004 no. 756) ("the aviation regulations"). these regulations were introduced under s.2(2) of the european communities act 1972 to comply with the united kingdom's obligations under council directive 2000/79/ec of 27 november 2000 ("the aviation directive"), the purpose of .....
Tag this Judgment!Court : Delhi
..... .p. (c) 5121/2015 & 6456/2015 page 26 of 49 the aforesaid method of allocation of mineral resources through auctioning, that has been introduced by the amendment act, 2015. amended section 11 now makes it clear that the mining leases are to be granted by auction. it is for this reason that sub-section (1) of section 10a ..... , shall become ineligible. to sub-section (2) without prejudice the following shall remain eligible on and from the date of commencement of the mines and minerals (development and regulation) amendment act, 2015: (1), (a) xxxxx (b) xxxxx (c) where the central government has communicated previous approval as required under sub-section (1) of section 5 for grant ..... are set out below: 21. these amendments brought in vogue: (i) auction to be the sole method of allotment; (ii) extension of tenure of existing lease from the date of their last renewal to march 31, 2030 (in the case of captive mines) and till march 31, 2020 (for the merchant miners) or till the completion of renewal .....
Tag this Judgment!Court : Delhi
..... .p. (c) 5121/2015 & 6456/2015 page 26 of 49 the aforesaid method of allocation of mineral resources through auctioning, that has been introduced by the amendment act, 2015. amended section 11 now makes it clear that the mining leases are to be granted by auction. it is for this reason that sub-section (1) of section 10a ..... , shall become ineligible. to sub-section (2) without prejudice the following shall remain eligible on and from the date of commencement of the mines and minerals (development and regulation) amendment act, 2015: (1), (a) xxxxx (b) xxxxx (c) where the central government has communicated previous approval as required under sub-section (1) of section 5 for grant ..... are set out below: 21. these amendments brought in vogue: (i) auction to be the sole method of allotment; (ii) extension of tenure of existing lease from the date of their last renewal to march 31, 2030 (in the case of captive mines) and till march 31, 2020 (for the merchant miners) or till the completion of renewal .....
Tag this Judgment!Court : Supreme Court of India
Reported in : [1951]2SCR747
..... provisions of two of these acts, which were passed before the acts in question, may be ..... :- 1. section 1 and 2 of act i of 1865. 2. sections 5 and 5a of the scheduled districts act, 1874 (act xiv of 1874). 3. the burma laws act, 1898 (act xiii of 1898), section 10(1). 4. section 4 of the foreign jurisdiction act, 1947 (act xlvii of 1947). 5. the merchant shipping laws (extension to acceding states and amendment) act, 1949 (act xviii of 1949), section 4. the relevant .....
Tag this Judgment!Court : US Supreme Court
..... 1791 (31 geo. iii, c. 39), and were subsequently added to and amended by the acts of 5 & 6 wm. iv, c.19, and 7 & 8 vict., c. 112. the modern law of england is full and explicit upon the duties and responsibilities of seamen. by merchants' shipping act 1854, 17 & 18 victoria, c. 104, section 243, a seaman guilty of desertion might be summarily ..... authorizing the master to call upon the police officers or constables to convey deserting seamen on board their vessels. this act, however, appears to have been found too lenient, since, in 1894, the whole subject was reconsidered and covered in the new merchants' shipping act, 57 & 58 vict., c. 60, of 748 sections, section 221 of which provides not only for the forfeiture of .....
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 : (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 .....
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