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Search Results Judgments > Phrase:Merchant Shipping Act

May 03 2001

ICICI Ltd. Vs. M.F.V. 'Shilpa' and Ors.

  • Decided on : 03-May-2001

Court : Mumbai

Reported in : AIR2002Bom371; 2002(2)ALLMR191; 2002(1)BomCR724; 2002(2)MhLj563

... this Court. It is further submitted that the Parliament has enacted the Merchant Shipping Act, 1956. Section 2 of that Act, lays down that unless otherwise expressly provided the provisions of the Merchant Shipping Act apply to any vessel which is registered in India. It is further urged that the provisions of the Merchant Shipping Act also apply to the vessels which are not registered in India and ... recovery of his dues by sale of the mortgaged ship. Now, a vessel or a ship is a movable property, therefore, under the provisions of the Transfer of Property Act, it is incapable of being mortgaged. Thus, mortgage of a movable property viz. ship is a special feature of the Merchant Shipping Act. Section 2 of the Merchant Shipping Act reads as under :--'2. (1) Unless otherwise expressly ... force on 24th June, 1993. The Merchant Shipping Act was extensively amended by the Merchant Shipping (Amendment) Act, 1993, No. 68 of 1993 and it has come into force from 27th October, 1993- Thus, Act No. 68 of 1993 is a subsequent Act enacted by the same Legislature which enacted the D.R.T. Act. By Section 5 of the Amending Act, Section 51 has been substituted. ... D.R.T. Act is enacted by the Union Parliament being Act No. 51 of 1993 and it has come into force on 24th June, 1993. The Merchant Shipping Act was extensively amended by the Merchant Shipping (Amendment) Act, 1993, No. 68 of 1993 and it has come into force from 27th October, 1993- Thus, Act No. 68 of 1993 is a subsequent Act enacted by the ...

Aug 30 1996

State Trading Corporation of India Ltd. Vs. Government of Peoples Repu ...

  • Decided on : 30-Aug-1996

Court : Delhi

Reported in : 63(1996)DLT971; 1997(40)DRJ441

... Lading Act, 1856, the Indian Carriage of Goods by Sea Act, 1925, the Merchant Shipping Act, 1958, and general statutes, such as the marine Insurance Act, 1963, the Contract Act, 1872, the Evidence Act, 1872, the Indian Penal Code 1860, the Transfer of Property Act,.1882, the Civil Procedure Code, 1908, the Criminal Procedure ode, 1973, the Companies Act, 1956, ... Merchant Shipping Act 1958 ( Act 44 of 1958) is 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 and generally to amend and consolidate the law relating to merchant shipping ... 443. The Merchant Shipping Act is a self contained code covering all the relevant matters concerning merchant shipping. It being a special piece of legislation in the field of merchant shipping, the jurisdiction of the court to deal with matters of detention and arrest of the ship will be governed by Section 443 of the said Act and not ... Merchant Shipping Act, 1958 provides a detailed code of substantive and procedural rules regulating shipping as an industry and controlled exercise over it by competent authorities. But a reading of the judgment clearly indicates that S. 443 does not exclude exercise of jurisdiction and availability of remedies under common law de-hors the provisions of Merchant Shipping Act ...

Jan 12 1983

Dimitrios Paizis and Ors. Vs. Motor Vessel "Nicos" and Ors.

  • Decided on : 12-Jan-1983

Court : Mumbai

Reported in : AIR1983Bom178; (1983)85BOMLR250

... Merchant Shipping Act, of 1894 or the subsequent Merchant Shipping Act, of 1897, 1906, 1921 and 1937 cannot be read into S. 11 of the Admiralty Court Act 1861. The first Indian Merchant Shipping Act, was passed in 1923. It was repealed and replaced by the Merchant Shipping Act, 1958 where of Ss. 42 of 54 (which deal with mortgages of ships) read with S. 2 (1), makes it clear that the Merchant Shipping Act ... Merchant Shipping Act, of 1854 was repealed and repealed by the Merchant Shipping Act, 1894, subsequently followed by the Merchant Shipping Act,, of 1897, 1906, 1921 and 1937, however, inasmuch as the jurisdiction of the Bombay High Court as an Admiralty Court was stabilised as it existed at the time of the assign of the Colonial Court of Admiralty a 1890, the English Merchant Shipping Act, of 1894 or the subsequent Merchant Shipping Act ... Merchant Shipping Act, of 1897, 1906, 1921 and 1937 cannot be read into S. 11 of the Admiralty Court Act 1861. The first Indian Merchant Shipping Act, was passed in 1923. It was repealed and replaced by the Merchant Shipping Act, 1958 where of Ss. 42 of 54 (which deal with mortgages of ships) read with S. 2 (1), makes it clear that the Merchant Shipping Act, of 1958 deal only with mortgages of ships ...

Jun 10 1946

Hust v. Moore-McCormack Lines, Inc.

  • Decided on : 10-Jun-1946

Court : US Supreme Court

... , the War Shipping Administration operated or owned approximately 4,300 merchant ships, as compared with the 1,375 ships available for deep-sea service in the prewar American merchant marine. The number of men needed for the wartime merchant marine was approximately 220,000, as compared with the prewar requirement of 55,000 men. For further figures on the expansion of the merchant marine during ... in an Oregon Circuit Page 328 U. S. 739 Court [ Footnote 2/1 ] against the respondent, the Moore-McCormack Lines, Inc. The suit was under the Merchant Marine Act of 1920, the Jones, Act, Section 33. [ Footnote 2/2 ] It sought damages against the respondent as employer. As Section 33 shows on its face, a seaman has the advantages of the ... . . . ." The parties have not questioned the authority of the War Shipping Administration. The following statutes and executive orders relate to the authority exercised. 902(a), Merchant Marine Act of 1936, 46 U.S.C. 1242(a); 902(e), Merchant Marine Act of 1936, as amended, 46 U.S.C. 1242(e); 207, Merchant Marine Act of 1936, as amended, 46 U.S.C. 1117; 1 ... A seaman injured aboard a ship owned by the United States brought suit and obtained a judgment for damages in an Oregon court under 33 of the Merchant Marine Act of 1920 (the Jones Act) against a steamship company which was operating the ship for the Government under the standard form of General Agent Service Agreement with the War Shipping Administration. The Supreme Court of ...

Mar 17 1933

Barras Vs. Aberdeen Steam Trawling and Fishing Co.

  • Decided on : 17-Mar-1933

Court : House of Lords

... gross earnings of the working of the boat." Section 7. "This Act may be cited as the Merchant Shipping (International Labour Conventions) Act, 1925, and shall be construed as one with the Merchant Shipping Acts, 1894 to 1923, and those Acts and this Act may be cited together as the Merchant Shipping Acts, 1894 to 1925." The effect of section 7 has been ... Merchant Shipping (International Labour Conventions) Act, 1925, and shall be construed as one with the Merchant Shipping Acts, 1894 to 1923, and those Acts and this Act may be cited together as the Merchant Shipping Acts, 1894 to 1925." The effect of section 7 has been succinctly stated by one of your Lordships in the Ellerman Lines v. Murray case, where he uses the following language: "The Act ... ship which is a fishing-boat, does not include any person who is entitled to be remunerated only by a share in the profits or the gross earnings of the working of the boat." Section 7. "This Act may be cited as the Merchant Shipping (International Labour Conventions) Act, 1925, and shall be construed as one with the Merchant Shipping Acts, 1894 to 1923, and those Acts and this Act ... ship, but, in case of a ship which is a fishing-boat, does not include any person who is entitled to be remunerated only by a share in the profits or the gross earnings of the working of the boat." Section 7. "This Act may be cited as the Merchant Shipping (International Labour Conventions) Act, 1925, and shall be construed as one with the Merchant Shipping Acts ...

Sep 21 1995

Chowgule And Co. Ltd. Vs. Collector Of Customs

  • Decided on : 21-Sep-1995

Court : Customs - Excise & Service Tax Appellate Tribunal (CESTAT) - Delhi

Reported in : (1995)(80)ELT680TriDel

... Merchant Shipping Act, 1958. (b) Interim International load line certificate dated 30-9-1986 issued under Sections 316(1) and 318(1) of Merchant Shipping Act, 1958. (c) Cargo ship safety construction certificate issued under the provisions of International convention for the safety of life at sea, 1974 under Section 299(A) of Merchant Shipping Act, 1958. This is required only when the ship ... Merchant Shipping Act, 1958. (c) Cargo ship safety construction certificate issued under the provisions of International convention for the safety of life at sea, 1974 under Section 299(A) of Merchant Shipping Act, 1958. This is required only when the ship performs international voyages. (d) International Oil Pollution prevention certificates dated 30-9-1986 and 29-1-1987 under Section 352 (N).(O).(P) of Merchant Shipping Act ... Merchant Shipping Act, 1958. This is required only when the ship performs voyages between parts or places in India and Ports or places outside India. (f) Cargo ship safety Radio Telegraphy Certificate dated 29-9-1986 issued under Section 301 (a) of the Merchant Shipping Act, 1958. This certificate again is required only when the ship ...

Jan 10 2001

The Commander Coast Guard Region (East), Fort St. George, Chennai-9 an ...

  • Decided on : 10-Jan-2001

Court : Chennai

Reported in : (2001)1MLJ420

... crew of 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 long as ... 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' 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 ... the ship and the crew can invoke the provisions of the Merchant Shipping Act as they are the seamen 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'.Here in this case, the ship in question comes within the definition of the word 'ship' as ... of the Merchant Shipping Act as they are the seamen 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'.Here in this case, the ship in question comes within the definition of the word 'ship' as occuring in section 3(45) of the Act.23 ...

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 ...

Jul 28 1879

In Re: "the Ava" and "the Brenhilda" Government of Bengal Vs. Thomas W ...

  • Decided on : 28-Jul-1879

Court : Kolkata

Reported in : (1880)ILR5Cal453

... of certificates are dealt with:Board of Trade certificates granted under the Merchant Shipping Acts of the United Kingdom; and certificates of Local Governments under the Indian Acts.6. The first Act to be considered is the Imperial Merchant Shipping Act of 1854 (17 & 18 Vict., c. 104). In Part III of that Act, entitled 'Masters and Seamen,' Section 240 empowers a Court of Admiralty, ... or any serious damage to, any ship, or loss of life, had been caused by his wrongful act or default; and in certain other cases corresponding with those in Sections 3, 4, and 5 in the section of the Merchant Shipping Act.11. The next enactment is Act XXVIII of 1861. It recited Section 242 of the Merchant Shipping Act, 1854, by which the ... Merchant Shipping Acts. The Board of Trade could not cancel such certificate, because Section 23 of the Merchant Shipping Act, 1862, took away the power. The Local Government never had any such power. The power rested in the special Court itself, which, being a Court authorised by the Local legislature to enquire into wrecks and casualties within the meaning of Section 242 of the Merchant Shipping Act ... Act, 25 and 26 Vict., Cap. 63, the 'Merchant Shipping Act Amendment Act, 1862.' Hitherto the Board of Trade had itself cancelled its own certificates upon the report of the appropriate tribunal. Section 23 of this Act enacted that: 'The power of cancelling or suspending the certificates of a master or mate by the 242nd section of the principal Act [that is the Act ...

Aug 05 1999

Marine Management Services (Private) Ltd. Vs. Anil Kumar Jaiswal and O ...

  • Decided on : 05-Aug-1999

Court : Mumbai

Reported in : (2001)IIILLJ94Bom

... Merchant Shipping Act and secondly, that ship never touched Indian Port and, therefore, according to him, provisions of Merchant Shipping Act cannot be applicable so as to enable respondent 1 to file application under Section 145. My attention was drawn to relevant provisions of the Merchant Shipping Act. On the face of it, there appears to be strong basis for this submission. However, closer scrutiny of the provisions of Merchant Shipping Act ... ship registered in India or registered under the Merchant Shipping Act and secondly, that ship never touched Indian Port and, therefore, according to him, provisions of Merchant Shipping Act cannot be applicable so as to enable respondent 1 to file application under Section 145. My attention was drawn to relevant provisions of the Merchant Shipping Act ... Merchant Shipping Act, from Section 114 onwards. Title of these sections is 'Engagement of seamen by masters of ships other than Indian Ships.' Section 114 further provides procedure for engaging seamen by ship other than Indian Ships and under these provisions agreement to engage seaman has to be made before Shipping Master in the manner prescribed by this Act for making agreement in the case of foreign going Indian Ships ...

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