Court : Mumbai
Reported in : AIR2002Bom371; 2002(2)ALLMR191; 2002(1)BomCR724; 2002(2)MhLj563
..... also lying at visakapatnam is concerned, as observed above, this suit has been filed in the admiralty jurisdiction of this court pursuant to the provisions of section 51 of the merchant shipping act. therefore, in terms of the provisions of section 3(15), this court will be the high court in relation to the defendant nos. 1 and 2 vessels because part of ..... prescribed and the jurisdiction has been conferred on the high court, it is further submitted that the term 'high court' has also been defined by section 3(15) of the merchant shipping act and the high court has been defined in relation to a vessel. it is further urged that this court has also framed rules which are called 'rules for regulating procedure ..... vessels which are not owned wholly by persons who are citizens of india or companies or body corporates which are incorporated in india. thus the provisions of the merchant shipping act also apply to the vessels which are not registered in india or are not owned by the citizens of india or body corporates incorporated in india while such vessels are ..... of 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 the .....Tag this Judgment!
Court : Delhi
Reported in : 63(1996)DLT971; 1997(40)DRJ441
..... registry of the vessel is situate; (b) the vessel is for the time being, or (c) the cause of action wholly or in part arises;(15) the 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 ..... exercises territorial jurisdiction over the suit by reference to section of the civil procedure code. the high court while drafting its process can draw upon the analogy of section 443 of the merchant shipping act also. we have already noticed that the learned single judge has felt fully satisfied about the genuineness of the case of the plaintiff and availability of a strong prima facie ..... plaint/ the framing of the suit as also of the application for interim relief- all go to show that the claimant plaintiff was entirely, banking upon section 443 of the merchant shipping act and at the stage of appeal it is not permissible to the plaintiff to make a departure from and shift the stand taken by him before the learned single judge ..... competence of the court to entertain the suit by reference to s. 20 civil procedure code while the assistance should have been derived from the provisions contained in section 443 of the merchant shipping act read with the provisions contained under order xxxviii and xxxix of the civil procedure code so far as the jurisdiction to grant interim relief was concerned. learned counsel for the respondent has .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR2004SC2026; JT2004(5)SC394; 2004(4)SCALE214; (2004)4SCC540; 2004(3)SLJ1(SC)
..... the owners of the merchant ship would employ these persons in a lower rank than that shown in the certificates of service.3. the international ..... 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 naval officers were granted certificates of service without examination, in most cases, ..... kingdom we have taken the opportunity provided by the revision of stcw to review our domestic certificate structure. the new structure came into force on 13 march 1997 with the merchant shipping (training and certification) regulations 1997. training and examination under the existing arrangements leading to certificates of competency class 1 to 5 may only be undertaken by those seafarers ..... cos. no doubt section 80 of 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 .....Tag this Judgment!
Court : Chennai
Reported in : (2001)1MLJ420
..... hold that the term 'proceeding' would include an application under order 14, rule 8 of the original side rules read with section 125 of the merchant shipping act, 1958 and that the said application can be considered on merits by the court even after the suit ceases to be one in rent, when once ..... as in any other suit. the arrest of the vessel while in indian waters by an order of the concerned high court, as defined under the merchant shipping act, 1958 (section 3(15) attracts the jurisdiction of the competent court to proceed with the trial, as in the case of any other suit, ..... by the plaintiff/insurance company has to be allowed.16. the learned additional solicitor general appearing for the appellant raised the following contentions;(a) the merchant shipping act, 1958 is made applicable only to those seamen who come under the definition of section 3(42) and as far as the present case is ..... complete the investigation as it is unnecessary.11. with regard to the question as to whether the first respondent can invoke section 146 of the merchant shipping act, 1958 and whether filing of an application in the present suit claiming wages would be sufficient, the learned single judge came to the conclusion that ..... behalf of the crew of the vessel, filed an application under order 14, rule 8 of original side rules read with section 125 of the merchant shipping act, 1958 application no.633 of 2000 praying the court to direct the advocate receiver to pay the wages to them out of the proceeds of .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1983Bom178; (1983)85BOMLR250
..... in admiralty was stabilised as it existed at the time stabilised as it existed at the time of the passing of that act.23. the english 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 ..... the assign of the colonial court of admiralty a 1890, the english 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 ..... mortgages registered according to the provisions of the merchant shipping act,, 1854.10. reliance was also placed by mr. meghani to the see reuter (1811) 165 er 1219, decided on 14th feb. 1811 and the evangelistria (1876) 2 pd 241. ..... reads as under:--'xi. the high court of admiralty shall have jurisdiction over any claim in respect of any mortgage duly registered according to the provisions of the merchant shipping act, 1854, whether the ship or the proceeds thereof be under arrest of the said court or not'.mr. meghani urged that s. 11 gave jurisdiction to the court only in respect of .....Tag this Judgment!
Court : Mumbai
Reported in : 1994(1)BomCR134; (1993)95BOMLR239
..... c.d.c. rules of 1960. the ratio of the judgment is grounded on the interpretation of the c.d.c. rules of 1960 read with the provisions of the merchant shipping act, 1958. we do not see any reason why this ratio should be confined only to former naval seamen as urged by the respondents and cannot apply to other seamen.17 ..... respondents that the petitioners have worked as seamen without any c.d.c. and they should not be considered now for the issue of a c.d.c. under the merchant shipping act. however, section 102 prior to its amendment in 1984, permitted a seaman who was not a holder of a certificate of discharge or a continuous certificate of discharge issued in ..... of those petitioners who have received a rejection letter, the grounds set out are, inter-alia, that the petitioners are not seamen as defined under section 3(42) of the merchant shipping act, 1958. the other grounds are that they do not possess the requisite qualifications regarding age, education, physical fitness and training. the petitioners have challenged such rejection of their applications. they ..... the contentions raised on behalf of the petitioners and the respondents, it is necessary to look at some of the relevant provisions of the merchant shipping act, 1958. preamble to the act states, inter-alia, that it 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.' section .....Tag this Judgment!
Court : Supreme Court of India
Reported in : 2006(2)CTC672; 2006(197)ELT3(SC); JT2006(3)SC567; 2006(3)SCALE398; (2006)4SCC620
..... claims for salvage;e) that even though the 1926 convention of maritime liens and mortgages has not yet been ratified by india the principles are very well adopted in merchant shipping act, 1958. under the merchant shipping act, the wages of the crew cannot be attached under any law;f) that the application made by the crew members for payment of wages for the crew has ..... integral to article 21 of the constitution, which talks about the right to life and liberty of every individual. 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 (supra) case which laid down that the right ..... continue against the owner as in any other suit. the arrest of the vessel while in indian waters by an order of the high court concerned, as defined under the merchant shipping act, 1958 (section 3(15)) attracts the jurisdiction of the competent court to proceed with the trial, as in the case of any other suit, as an action against the owner ..... , quoting sections 138, 139, 140 , 141 and 144, that the right of the seaman to wages is unfettered and no limitation on the entitlement is under the merchant shipping act. therefore section 115 of the customs act which talks about confiscation will not operate to the contrary.. another argument that was raised by the appellant in the present appeals is that the right to .....Tag this Judgment!
Court : Mumbai
Reported in : (2001)IIILLJ94Bom
..... a summary way, and therefore, according to him, the procedure prescribed for summary trial in the criminal procedure code is applicable to such application under section 145 of the merchant shipping act. 1958 (hereinafter referred to as merchant shipping act), and since in the instant case the judgment was pronounced by a judge who had not heard the matter or in other words, a judge who heard the ..... of the same. it is for this reason that the metropolitan. magistrates are empowered over matters pertaining to recovery of wages by seaman or apprentice under section 145 of the merchant shipping act.6. it is true that section 145 empowers the magistrate to decide the application in a summary way. however, there is basic difference in this litigation under section 145 ..... the matter, according to him, the trial is vitiated.4. this submission cannot be accepted because the right given to a seaman or apprentice under section 144 of the merchant shipping act to recover his wages is a civil right and the forum through which he could make this recovery is the metropolitan magistrate. every matter dealt with by the metropolitan magistrate ..... . this petition is filed to challenge the order passed by the additional chief metropolitan magistrate on the complaint of respondent 1 under section 145 read with section 143 of the merchant shipping act, 1958 by which the petitioner-company was directed to pay certain sum towards the wages of respondent 1 along with interest and costs of rs. 5,000.3. firstly .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1998SC2330; 1998(3)ALLMR(SC)640; JT1998(3)SC468; 1998(3)SCALE165; (1998)5SCC310; 2SCR1032
..... property and foreigners outside the jurisdiction.' it is this principle which is reflected in section 2(2) of the merchant shipping act, 1958.24. section 2 of the merchant shipping act, 1958 deals with the application of the act. it states that the provisions of the merchant shipping act which apply to a vessel, will apply to those vessels which are specified in that section. section 2 is ..... in section 3(15).27. the provisions regarding a limitation action have been reduced to a statutory form in part xa of the merchant shipping act, 1958. part xa was introduced in the merchant shipping act, 1958 by amending act 25 of 1970, in order to give effect to the brussels international convention of 1957 relating to the limitation of liability of the ..... have jurisdiction? learned counsel for snp drew our attention to clause 12 of the letters patent, section 20(2) of the civil procedure code and section 3(15) of the merchant shipping act and submitted that the court within whose jurisdiction a part of the cause of action arises is a court having jurisdiction in a limitation action.33. as earlier stated, ..... the vessel is in indian territorial waters. there are several sections and/or parts of the merchant shipping act which apply to vessels. e.g. part v of the merchant shipping act, 1958 (sections 20 to 74) deals with registration of indian ships. part viii deals with passenger ships and so on. in relation to litigation regarding vessels the high court having jurisdiction is specified .....Tag this Judgment!
Court : Delhi
Reported in : AIR1997Delhi31; 1996(38)DRJ690
..... section 20 of the code of civil procedure or section 443 of the merchant shipping act, which is a special provision relating to detention of foreign ships, will apply. in order to determine the questions it would be necessary to examine the provisions of the merchant shipping act, 1958 (for short 'the act'). thisis a voluminous act consisting of 461 sections stretching over eighteen parts and two schedules. first ..... :--'an act to foster the development and ensure the efficient-maintenance of an indian mercantile ..... , the preamble of the act which enunciates the objectives behind the enactment. it reads thus .....Tag this Judgment!