Major Port - Law Dictionary Search Results
Home Dictionary Name: major portMajor port
Major port, means a port declared to be a major port by or under any law made by Parliament or any existing law and includes all areas for the time being included within the limits of such port, Commentary on the Constitution of India, Durga Das Basu, Vol. 5, p. 213. [Constitution of India, Art. 364(2)(a)]The President is empowered to exclude, restrict or modify the laws made by Parliament or a State Legislature or the existing laws in their application to major ports, Commentary on the Constitution of India, Durga Das Basu, Vol. 5, p. 203, Constitution of India, Art. 364....
Appropriate government
Appropriate government, means in relation to public authority which is established, constituted, owned, controlled or substantially financed by funds provided directly or indirectly--(i) by the Central Government or the Union Territory administration, the Central Government, (ii) by the State Government, the State Government [Right to Information Act, 2005 (22 of 2005), s. 2(a)]The Appropriate Government means, in relation to fees or stamp relating to documents presented or to be presented before any officer serving under the Central Government, that Government, and in relation to any other fees or stamps, the State Government. [Court-Fees Act, 1870 (7 of 1870), s. 1A]Means as respects any matter--(i) enumerated in List II of the Seventh Schedule to the Constitution. (ii) relating to any State law enacted under List III of the Seventh Schedule to the Constitution. [Information Technology Act, 2000 (21 of 2000), s. 2 (1) (e)]Means in relation to any major port the Central Government, an...
Owner consignee
Owner consignee, the expression owner includes a 'consignee' as also an 'agent for sale or custody' of such goods. Both under the Bombay Port Trust Act as well as under the Major Port Trusts Acts, the expression 'owner' includes an 'agent for the custody of such goods', Sun Export Corporation v. Board of Trustees of the Port of Bombay, AIR 1998SC 92 (96): (1988) 1 SCC 142. [Major Port Trusts Act, 1963, s. 2(o); Bombay Port Trust Act, 1879, s. 3(5)]...
Demurrage
Demurrage, a term used in commercial navigation, signifying on allowance made to the owners of a ship by the freighter, for detaining her in port longer than the period agreed upon for her sailing. It is usually stipulated in charter-parties and bills of lading, that a certain number of days, called running or working or lay days, shall be allowed for receiving or discharging the cargo, and that the freighter may detain the vessel for a further specified time, or as long as he pleases, on payment of so much per diem for such overtime. When the contract of affreightment expressly stipulates that so many days shall be allowed for discharging or receiving the cargo, and so many more for overtime or demurrage days, such limitation is interpreted as an express stipulation on the part of the freighter that the vessel shall in no event be detained longer; if detained the charterer, is liable for damages for breach of contract for which the rate of demurrage is generally the measure. This hold...
High water mark
High water mark, in relation to a port, means a line drawn through the highest points reached by ordinary spring-tides at any season of the year at the port. [Major Port Trusts Act, 1963 (36 of 1963) s. 2(i)]That part of the seashore to which the waters ordinarily reach when the tide is highest.In relation to a port, means a line drawn through the highest points reached by ordinary spring tides at any season of the year at that port, the West Bengal Maritime Board Act, 2000, s. 2(8)....
Master
Master [fr. meester, Dut.; maistre, Fr.; magister, Lat.], a director; a governor; a teacher; one who has servants; the head of a college; the captain of a ship; an officer of the Supreme Court; and see MASTERS.It means--(a) in relation to any vessel or aircraft means any person, other than a pilot, harbour master, assistant harbour master or berthing master, having for the time being the charge or control of such vessel or aircraft, as the case maybe; and(b) in relation to any boat belonging to a ship, means the master of that ship. [Explosives Act, 1884 (4 of 1884), s. 4 (g)]Includes any person (except a pilot or harbour master) having command or charge of a ship. [Merchant Shipping Act, 1958 (44 of 1958), s. 3(22)]In relation to any vessel or any aircraft making use of any port, means any person having for the time being the charge or control of such vessel or such aircraft, as the case may be, except a pilot, harbour master, assistant harbour master, dock master or berthing master o...
Government
Government, 'the Government', shall include both the Central Government and any State Government. [General Clauses Act, 1897 (10 of 1897), s. 3(23)]That form of fundamental rules and principles by which a nation or state is governed; the state itself.The structure of principles and rules determining how a State or organisation is regulated; the sovereign proper in a nation or state; an organisation through which a body of people exercise political authority; the machinery by which foreign prover is exercised, Black's Law Dictionary, 7th Edn., p. 703.It means, in relation to any major port, the Central Government and, in relation to any other port, the State Government. [Dock Workers (Regulation of Employment) Act, 1948 (9 of 1948), s. 2 (d)]The expression 'Government' in s. 21(12)(a), IPC, 1860 must either mean the Central Government or the Government of a State, R.S. Nayak v. A.R. Antulay, AIR 1984 SC 684: (1984) 2 SCC 183: (1984) 2 SCR 495.Includes Legislative, Executive and Judiciar...
London, Port of
London, Port of. The administration is provided for by the Port of London (Consolidation) Act, 1920 (10 & 11 Geo. 5, c. clxxiii.); s. 6 enacts:-(1) There shall be a chairman and vice-chairman and other members of the Port Authority elected and appointed in manner provided by this Act for the purpose of administering, preserving and improving the Port of London and otherwise for the purposes of this Act, and the several persons who now constitute and shall, from time to time constitute the Port Authority, shall notwithstanding the repeal of enactments effected by this Act, continue and be a body corporate by the name of 'the Port of London Authority, and by that name shall continue to have perpetual succession and a common seal having power to acquire and hold land for the purposes of this Act without licence in mortmain.(2) The several persons who were respectively the chairman, vice-chairman and other members of the Port Authority immediately before the passing of this Act, and shall ...
Landing charges
Landing charges, are the expenditure incurred by an importer for bringing goods on board ship to land. Landing charges, in law, must be assessed on actuals, but, as a matter of practice, particularly to facilitate expenditure clearance. Landing charges are assessed at a percentage of the value of the goods and such assessment is accepted. When so assessed, landing charges cover the totality of all that an importer expends to bring imported goods to land, M/s Coromandal Fertilisers Ltd. v. Collection of Customs, AIR 2000 SC 606.Are exactly what the words mean, the expenditure incurred by an importer for bringing goods on board ship to land. Landing charges, in law, must be assessed on actuals, but, as a matter of practice, particularly to facilitate expeditious clearance, landing charges are assessed at a percentage of the value of the goods and such assessment is accepted. When so assessed, landing charges cover the totality of all that an importer expends to bring imported goods to la...
Cinque Ports
Cinque Ports [quinque prtus, Lat.], certain anciently enfranchised havens, lying on the coast towards France. In the time of Edward the Confessor there were only there ports, viz., Dover, Sandwich, and Rommey; but in the time of William the Conqueror Hastings and Hythe were added, making five, whence the name Cinque Ports. Winchelsea and Rye were afterwards added by or before the accession of King John, but the old name, though now become inappropriate, was still retained. The (English) Cinque Ports Act, 1855 (18 & 19 Vict. c. 48), abolishes all jurisdiction and authority of the Lord Warden of the Cinque Ports and Constable of Dover Castle, in or in relation to the administration of justice in actions, suits, or other civil proceedings at law or in equity, but with a saving (s. 10) of his Admiralty jurisdiction and certain other rights. The office of Lord Warden is still one of great dignity, and is always held by some person of eminence....
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