Territorial Waters - Law Dictionary Search Results
Home Dictionary Name: territorial watersTerritorial waters
Territorial waters. This expression is used with regard to that portion of the sea, upto a limited distance, which is immediately adjacent to the shores of any country, and over which the sovereignty and exclusive jurisdiction of that country extends. The generally recognized limit is three miles, which was the range of canon in the seventeenth century (see Grotius). Territorial waters are considered as territory to the extent that fishing in such waters is reserved for the exclusive benefit of the subjects of the adjacent country. See the Territorial Waters Jurisdiction Act, 1878 (41 & 42 Vict. c. 73), passed in consequence of the decision in R. v. Keyn, (1876) 2 Ex D 63.Territorial waters shall have the same meaning as in s. 3 of the Territorial Waters, Continental Shelf, Exclusive Economic Zone and other Maritime Zones Act, 1976 (80 of 1976). [Wild Life (Protection) Act, 1972 (53 of 1972), s. 2 (30A)]...
territorial waters
territorial waters : the waters under the sovereign jurisdiction of a nation or state including both marginal sea and inland waters ...
Indian customs water
Indian customs water, means the waters extending into the sea upto the limit of contiguous zone of India under s. 5 of the Territorial Waters Continental Shelf, Exclusive Economic Zone and other Maritime Zones Act, 1976 and includes any bay, gulf, harbour, creek or tidal river. [Customs Act, 1962 (52 of 1962), s. 2 (28)]Indian customs waters, Indian Customs waters' covers not only, Indian coastal waters but also much more because the customs waters extends 24 nautical miles from the coastal baseline which follows that Indian coastal waters are within the Indian Customs Waters, Hawabi Sayed Arif Sayed Hanif v. L. Hrringliana, (1993) 1 SCC 163: AIR 1993 SC 810 (816). [Territorial Waters, Continental Shelf, Exclusive Economic Zone and other Maritime Zones Act, 1976, ss. 3(2) and 5]...
Oil in Navigable Waters Act, 1922 (English)
Oil in Navigable Waters Act, 1922 (English) (12 & 13 Geo. 5, c. 39). An Act directed against the fouling of the territorial waters of Great Britain and Northern Ireland, and the waters of harbours therein, by the discharge of oil or spirit, especially crude fuel oil, petroleum, and petrol....
Sea
Sea. See FOUR SEAS. The main or high seas are part of the realm of England, for thereon the Courts of Admiralty have jurisdiction, but they are not subject to the Common Law. The main sea begins at the low-watermark, but between the high-water mark and the low-water mark, where the sea ebbs and flows, the Common Law and Admiralty have, divisum imperium, an alternate jurisdiction, the one upon the water when it is full sea, the other upon the land when it is an ebb. See FORESHORE.The jurisdiction of the Admiralty within three miles of the low-water mark will be found elaborately discussed in Reg. v. Keyn, (1876) 2 Ex D 63. In that case it was held by a majority of seven judges to six that the Central Criminal Court had no jurisdiction to try for manslaughter the foreign captain of a foreign ship--the Franconia--which, in passing within three miles of the British shore, ran into a British ship and sank her; but this state of the law was soon afterwards altered by the (English) Territoria...
Taking out to a place outside India
Taking out to a place outside India, the expression 'taking out to a place outside India' would also mean a place in high seas. It is beyond the territorial waters in India. High seas would also mean a place outside India, if it is beyond the territorial waters of India. Therefore, if the goods were taken out to the high seas outside territorial waters of India, they will come within the ambit of expression 'taking out to a place outside India', Collector of Customs v. Sun Industries, 1988 Supp SCC 342(346). [Customs and Central Excise Duties Drawback Rule, 1971, s. 2(c)]...
Alien
Alien [fr. alienigena, alibi natus, Lat.], a person not born within His Majesty's dominions and allegiance (q.v.). See definitions in the British Nationality and Status of Aliens Acts, 1914 and 1933, infra. At common law aliens were subject to very many disqualifications, the nature of which is shown by the (English) Act of 1844, 7 & 8 Vict. c. 66, which greatly relaxed the law in their favour. It provided, inter alia, that every person born of a British mother should be capable of holding real or personal estate; that alien friends might hold every species of personal property except chattels real; that subjects of a friendly power might hold lands, etc., for the purposes of residence or business for a term not exceeding twenty-one years; and it also provided for aliens becoming naturalized.Alien, (UK) is a person who is neither a Common-wealth citizen nor a British protected person nor a citizen of the Republic of Ireland. Aliens therefore include both persons having the nationality ...
Brought in transit
Brought in transit, of means to bring goods from any country into India by land, air, or amphibious means of transportation, where the goods are to be taken out from India on the same conveyance on which they are brought into India without any landing in India, but does not include a conveyance in innocent passage through Indian territory Indian territorial waters or Indian airspace of a foreign conveyance carrying goods.Explanation I.--A conveyance is a foreign conveyance if it is not registered in India.Explanation II.--A conveyance is in 'innocent passage' if it is not engaged in relevant activity and passes through or above Indian territorial waters or airspace without stopping or anchoring in India. [Weapons of Mass Destruction and Their Delivery Systems (Prohibition of Unlawful Activities) Act, 2005 (21 of 2005), s. 4(b)]....
freedom of the seas
freedom of the seas :the right of a merchant ship to travel any waters except territorial waters either in peace or war ...
Union Territories
Union Territories, include in the first Schedule of the Constitution of India; also includes any other territory comprised within the territory of India, but not specified in that Schedule, Constitution of India, Art. 366.Union Territories, include some of the formers Parts B and C. States, A Commentary on the Constitution of India, Durga Das Basu, 5th Edn., Vol. 9, p. 44.Union territory, shall mean any Union territory specified in the First Schedule to the Constitution and shall include any other territory comprised within the territory of India but not specified in that Schedule. [General Clauses Act, 1897 (10 of 1897), s. 3(62A)]...
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