Skip to content

Filter by :

Search Results Judgments > Act:Merchant Shipping Act

Oct 12 1995

Raj Harsh Sud and Ors. Vs. Union of India (UOI) and Ors.

  • Decided on : 12-Oct-1995

Court : Mumbai

Reported in : 1996(2)BomCR293

... Merchant Shipping Act, 1958 and in supersession of the Merchant Shipping (Continuous Discharge Certificates) Rules, 1960, the Central Government has framed the rules called Merchant Shipping (Continuous Discharge Certificate) Rules, 1993. The said rules are applicable to seaman engaged on ships (including off-shore vessels or vessels plying between main-land and Andaman and Nicobar Islands etc.) other than Name Trade Ships ... Merchant Shipping Act, 1958 provides that no person shall engage or carry to sea any seaman under the Act in any ship, except a home-trade ship of less than two hundred tons gross, from any port in India unless the seaman is in possession of a certificate of discharge or a continuous certificate of discharge issued under part VII of the Merchant Shipping Act ... Shipping Corporation of India Ltd. to the effect that no training is required in case of ex-navy sailors is of considerable assistance to the petitioners.7. In exercise of the powers conferred by section 457 of Merchant Shipping Act, 1958 and in supersession of the Merchant Shipping (Continuous Discharge Certificates) Rules, 1960, the Central Government has framed the rules called Merchant Shipping ...

Apr 05 2004

Naresh Kumar and Anr. Vs. Union of India (UOI) and Ors.

  • Decided on : 05-Apr-2004

Court : Supreme

Reported in : AIR2004SC2026; JT2004(5)SC394; 2004(4)SCALE214; (2004)4SCC540; 2004(3)SLJ1(SC)

... 'Master of Foreign Going Ship' or 'First Class Engineer' or 'Second Class Engineer' as the case may be. The CoS was issued under Section 80, (as it then stood) of the Merchant Shipping Act, 1958 (in short 'the Act'). As the Naval Officers were granted Certificates of Service without examination, in most cases, the owners of the merchant ship would employ these persons ... now employed in Merchant Navy. As Officers in the Indian Navy they obtained, without examination, Certificates of Service (CoS) as the 'Master of Foreign Going Ship' or 'First Class Engineer' or 'Second Class Engineer' as the case may be. The CoS was issued under Section 80, (as it then stood) of the Merchant Shipping Act, 1958 (in short 'the Act'). As the ... the Act was holding the field before it was amended but it has eclipsed with the emergence of 1978 Convention as amended by 1995 Convention. With the emergence of 1995 Convention there is no provision for indefinite continuance of CoS in respect of the officers of the Merchant Ships. As already noticed, the petitioners are now serving in Merchant Navy. ... provides that the candidate for certification need to demonstrate their competence to the certifying authorities through appropriate assessment. Further merchant ship's design, construction operation, manning and management practices have become considerably specialized and vastly different from those of naval ships. Hence the holders of the Certificate of Service from Indian Navy will be required to undergo the ...

Sep 29 2006

Hisa A. Sheng Vs. Administrator

  • Decided on : 29-Sep-2006

Court : Kerala

Reported in : 2007CriLJ821; 2006(4)KLT945

... Merchant Shipping Act, 1958 cast duties on the Government of India to provide facilities to the distressed seamen. Part-II of the Merchant Shipping (Wreck and Salvage) Rules mention the duties of the receiver of the ship wrecked. As per the Notification issued under Section 391(1) of the Merchant Shipping Act, the Administrator of the Lakshadweep Island is the receiver of wrecked ship ... seamen. Part-II of the Merchant Shipping (Wreck and Salvage) Rules mention the duties of the receiver of the ship wrecked. As per the Notification issued under Section 391(1) of the Merchant Shipping Act, the Administrator of the Lakshadweep Island is the receiver of wrecked ship within the area surrounding the Lakshadweep Island. The Merchant Shipping (Distressed Seamen) Rules, 1960 ... their lives. The Merchant Shipping (Distressed Seamen), Rules 1960 prescribes that the derelict seamen should be saved at any cost and repatriated to their return port at the cost of the owner of the vessel. The petitioners were forced to enter the Lakshadweep Island and hence they are protected under the Merchant Shipping Act, the Merchant Shipping (Distressed Seamen) Rules ... which is in violation of the Passport Rules and the Foreigners Act. The respondents have no case that the petitioners have violated any provision of the Merchant Shipping Act, U.N. Conventions, or the Provisions of Maritime Zone of India (Regulating of Shipping by Foreign Vessels) Act, 1981. The owner of the vessel or the Vessel's agency ...

Sep 23 2009

Syed Mohmmed Jamil Vs. Union of India (UOI) and Ors.

  • Decided on : 23-Sep-2009

Court : Kolkata

... in breach of Section 121 and Section 101(3) of the Merchant Shipping Act discharged the petitioner arbitrarily and illegally before completion of his voyage without his consent and permission of Shipping Master of Port Suez, Egypt and Indian Consular. Section 213 of the Merchant Shipping Act, requires the Master of the Ship to maintain the official log book regarding recording of the ... the petitioner is a Seaman within the meaning of Section 2(42) of the Merchant Shipping Act, 1958. The petitioner was given continuous discharge certificate issued by the Directorate of Shipping through the Shipping Master as required under Section 99 of the said Act. The duty of the Shipping Master was to supervise and facilitate the engagement and discharge of Seamen. In ... member of the crew of a ship under this Act, but in relation to Sections 178 - 183 (inclusive) includes a master.17. It was contended on behalf of Respondent No. 2 that the petitioner was given continuous discharge certificate issued by the Directorate of Shipping through the Shipping Master under Section 99 of the Merchant Shipping Act, 1958. It is for the ... Opposition, is as follows:The petitioner is a Merchant Navy Seaman. His service is casual in nature. It is regulated under the provisions of Merchant Shipping Act, 1958. Wages and allowances of the Seamen are paid as per bipartite agreement between the ship owner and seafarers' representatives. The seamen are engaged by the Shipping Companies to serve on board their vessels ...

Oct 08 1954

Pandyan Insurance Co. Ltd. Vs. K.J. Khambatta and Ors.

  • Decided on : 08-Oct-1954

Court : Mumbai

Reported in : AIR1955Bom241; (1955)57BOMLR186; 1955CriLJ1039; ILR1955Bom443

... relevant Act is the Indian Merchant Shipping Act, No, XXI of 1923, and we are concerned with Part VI which deals with special shipping inquiries and Courts, Section 246 defines what a shipping casualty is for the purpose of inquiries and investigations under this Part, and Clause (a) defines a shipping casualty as when on or near the coasts of the Provinces, any ship is lost, ... loss of the ship, that they have gathered vital information and evidence to establish that the ship was overloaded at the time of her departure from Bombay, and further that the cargo on the ship was so faultily stowed as to deprive the ship of stability and that she was in an unseaworthy condition within the meaning of the Indian Merchant Shipping Act, The learned ... the Act which sets up this tribunal, and the Act itself furnishes, in my opinion, clear indications that the tribunal that was being set up was not an administrative tribunal but was a judicial or a quasi-judicial tribunal. The relevant Act is the Indian Merchant Shipping Act, No, XXI of 1923, and we are concerned with Part VI which deals with special shipping inquiries ... Act itself furnishes, in my opinion, clear indications that the tribunal that was being set up was not an administrative tribunal but was a judicial or a quasi-judicial tribunal. The relevant Act is the Indian Merchant Shipping Act, No, XXI of 1923, and we are concerned with Part VI which deals with special shipping inquiries and Courts, Section 246 defines what a shipping ...

Jul 18 2012

Ms.Maritime Institute Association Vs. The Director General of Shipping ...

  • Decided on : 18-Jul-2012

Court : Chennai

... Director General of Shipping is a statutory authority functioning under the Merchant Shipping Act, 1958. Under Section 78 of the Act, various grades of Certificate of Competency can be issued by the DGS. The power of the first respondent with respect to collection of fees from the maritime training institutes is specified in the Merchant Shipping Rules, 1998 and ... it was a ship based academy called T.S.Rajendra. One of the DMET institutes also came to be called as Lal Bahadur Shastri Nautical College of Advanced Maritime Studies and Research.8. It was stated that the Ministry of Shipping, Government of India under Section 457 of the Merchant Shipping Act, had promulgated the Merchant shipping (Continuous ... with Sections 78 and 79 of the Merchant Shipping Act, 1958. As the sole regulating authority for the conduct of such examinations for the issuance of Certificate of Competency (COC), the Directorate had brought out various guidelines which are exclusive for the maritime sector. Under Section 79 of the Merchant Shipping Act, the Central Government or any ... Merchant Shipping Act, had promulgated the Merchant shipping (Continuous Discharge Certificate-cum-Seafarers Identity Document) Rules, 2001 to deal with various aspects which arose for the purpose of regulation of the process of granting of continuous discharge certificates. Rule 3(b) defines "approval institute" as a training institute approved by the DGS. Hence the first respondent is the statutory authority under the Act ...

Jul 18 2005

Dallah Albaraka Investment Co. Ltd. Vs. MT "Symphony 1" ex. Mt "Arabia ...

  • Decided on : 18-Jul-2005

Court : Mumbai

Reported in : 2005(5)BomCR589

... has to be duly registered according to the provisions of the Merchant Shipping Act, 1854 and now the said Merchant Shipping Act, 1854 has since been replaced by the provisions of the Merchant Shipping Act, 1958. It has been contended that unless mortgage of the said vessel is duly registered under the provisions of the Merchant Shipping Act, 1958, this Court cannot entertain any suit for enforcement of ... Merchant Shipping Act, 1854, whether the ship or the proceeds thereof be under arrest of the said court or not.'It has been contended that for the purpose of this Court having jurisdiction to try the claim of mortgage in respect of any vessel the said mortgage has to be duly registered according to the provisions of the Merchant Shipping Act, 1854 and now the said Merchant Shipping Act ... Act, it is no more necessary that the claim in respect of the mortgage of any ship can be filed in a court in India only if it is in accordance with the provisions of Merchant Shipping Act, 1894 or newly enacted Merchant Shipping Act, 1958. It also empowers the Court to exercise its jurisdiction where the mortgage is sought to be exercised and a ship ... to the learned counsel for the defendant nos. 2 to 4 under section 11 of the Admiralty Court Act, 1861 there has to be a registration of the mortgage of the ship under the Merchant Shipping Act, 1958. The provisions of the Merchant Shipping Act, 1958 apply only to the Indian vessels and have no application to the mortgages registered abroad or to ...

Apr 22 1993

P.B. Abdul Rehman and Ors. Vs. Director General of Shipping and Ors.

  • Decided on : 22-Apr-1993

Court : Mumbai

Reported in : 1994(1)BomCR134; (1993)95BOMLR239

... an Indian Ship. There is, however, no warrant for such an interpretation. 'A ship under this Act' cannot be interpreted to mean only a Ship which falls under section 2(1) of the Merchant Shipping Act, 1958. Section 2(2) covers foreign ships also. The term 'Seaman' is freely used throughout the Act and the Act applies not merely to Indian Ships but also to foreign ships so ... Ship. It will extend to crews of all ships to which the provisions of the Merchant Shipping Act, 1958 apply. In fact, the phrase a 'ship under this Act' has a reference to the definition of ship under section 2(45). A ship is defined under this section as follows:Section. 2(45)...'ship' does not include a sailing vessel.'Therefore, crew of all ships which are covered under the Act ... Act applies not merely to Indian Ships but also to foreign ships so long as they are in the Indian territorial waters. Therefore, it would not be proper to restrict the definition of 'Seaman' only to the crew of an Indian Ship. It will extend to crews of all ships to which the provisions of the Merchant Shipping Act, 1958 apply. In fact, the phrase a 'ship under this Act ... Act and the Act applies not merely to Indian Ships but also to foreign ships so long as they are in the Indian territorial waters. Therefore, it would not be proper to restrict the definition of 'Seaman' only to the crew of an Indian Ship. It will extend to crews of all ships to which the provisions of the Merchant Shipping Act, 1958 apply. In fact, the phrase a 'ship ...

Mar 23 2006

O. Konavalov Vs. Commander, Coast Guard Region and Ors.

  • Decided on : 23-Mar-2006

Court : Supreme

Reported in : 2006(2)CTC672; 2006(197)ELT3(SC); JT2006(3)SC567; 2006(3)SCALE398; (2006)4SCC620

... the right to life and liberty of every individual. Also Section 144 of the Merchant Shipping Act states that the right of the seaman to wages is unfettered and no limitation on the entitlement is under the Merchant Shipping Act. Therefore it can be safely concluded that Section 144 of the Merchant Shipping Act and Article 21 of the Constitution is tantamount. In this respect the appellants ... Ship and crew can invoke the provisions of the Merchant Shipping Act as they are the sea men in a ship under the Act, or in other words, the words 'under this Act' would refer and qualify the words 'the ship' and not 'Employed or engaged as a member of the crew'.... . We are in entire agreement with the Ld. Single Judge that the provisions of the Act ... Merchant Shipping Act. Therefore it can be safely concluded that Section 144 of the Merchant Shipping Act and Article 21 of the Constitution is tantamount. In this respect the appellants referred to Bank of Bihar v. State of Bihar case (supra) which laid down that the right to wages out of proceeds of the ship obtained after sale is available with the crewmen of the ship ... Merchant Shipping Act and Article 21 of the constitution is tantamount. In this respect the appellants referred to Bank of Bihar v. State of Bihar (supra) case which laid down that the right to wages out of proceeds of the ship obtained after sale is available with the crewmen of the ship if their wages are not paid.. The appellants referred to Section 141 of Merchant Shipping Act ...

Feb 28 1980

The Shipping Development Fund Committee Vs. M.V. Charisma and Anr.

  • Decided on : 28-Feb-1980

Court : Mumbai

Reported in : AIR1981Bom42

... the Letters Patent, 1865. In 1894 the Merchant Shipping Act was re-enacted in England. Section 31 thereof gave to the ship-mortgage power to sell the mortgage security without the intervention of the Court.3. The (Indian) Merchant Shipping Act, 1958, was enacted, its preamble reads thus :--'An Act to foster the development and ensure the efficient ... Merchant Shipping Act, 1958, was enacted, its preamble reads thus :--'An Act to foster the development and ensure the efficient maintenance of an Indian mercantile marine in a manner best suited to serve the national interests and for that purpose to establish a National Shipping Board and a Shipping Development Fund, to provide for the registration of Indian ships ... ship-mortgage power to sell the mortgage security without the intervention of the Court.3. The (Indian) Merchant Shipping Act, 1958, was enacted, its preamble reads thus :--'An Act to foster the development and ensure the efficient maintenance of an Indian mercantile marine in a manner best suited to serve the national interests and for that purpose to establish a National Shipping Board and a Shipping ... ship mortgage suits in its Admiralty and Vice-Admiralty Jurisdiction may briefly be traced. In the (English) Merchant Shipping Act, 1854, Sections 66 onwards dealt with ship mortgages. Section 71 conferred upon the mortgagee the power to sell the mortgage security without the intervention of the Court. Under the provisions of Section 11 of the (English) Admiralty Courts Act ...

Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //