Court : Mumbai
Reported in : AIR2000Bom333; 2000(3)ALLMR705; 2000(3)BomCR760
..... of government of india. the objects and reasons further sets out that as a prelude to depositing india's acceptance of the 1960 convention, it is necessary to amend the merchant shipping act, 1958 suitably. it is, therefore, clear that the amendment was brought out to be in conformity with the international convention for the safety of life at sea, 1960. the aim of the ..... introduced in 1966.what then was the object of the amendment. the statement of objects and reasons forms a part of the bill as introduced in the rajya sabha on 9th december, 1965. the statement of object and reasons sets out that the minimum standards laid down in the merchant shipping act, 1958 which merchant ships should comply with in the interest of safety of life ..... amendment therefore never could be to reduce the safety standards on board the ship, if the argument on behalf of the respondents is to be accepted. on the contrary, it was ..... as 76(1) are applicable or whether it is a coasting ship, it will be necessary to refer to some of the definition clauses. the merchant shipping act, 1958 hereinafter referred to as 'the act', by virtue of section 3(13) has defined 'foreign-going ship', as meaning a ship not being a home-trade ship employed in trading between any port or place in india and any .....Tag this Judgment!
Court : Delhi
Reported in : AIR1997Delhi31; 1996(38)DRJ690
..... the amendment act deal with the repeal of the shipping development fund committee and consequential amendments in the principal act and the definitions. part v deals with registration of indian ..... ships. part vi deals with certificates of officers,' namely, masters, mates, engineers, skippers, etc. part vi ..... iii deals with the appointments' of director general of shipping, surveyors, radio inspectors, seamens welfare offjcers, establishment and maintenance of mercantile marine department, shipping officers and seamens employment offices. part iv, consisting,of sections 14 to 19 of the act dealing with shipping development fund, stands repealed by the merchant shipping (amendment) act, 1986(act no. 66 of 1986). the amendment act consists of four chapters. chapters i to iv of .....Tag this Judgment!
Court : Kolkata
..... no. 3 to approach respondent no. 6 with all particulars. but this was not properly done.6. since it was increasingly felt unjust and improper, there was need for amendment of section 95 of the merchant shipping act, 2002. in pursuant to the recommendation of the committee constituted by the government of india, ministry of surface transport, director-general of ..... proper for the part of the writ court to entertain the claim.21. it is true that mere availability of an alternative remedy, be it under the industrial dispute act or the merchant shipping act, 1958 cannot by itself close the doors of the writ court. maintainability and entertainability are not synonymous. in the event of existence of a legal right and alleged ..... 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 seamen employment office (under the central government) to regulate and control supply of categories of seamen as well as recruitment ..... of in favour of union of india. the seos were abolished from the year 1992 and no fresh registration had taken place from 1997. as per shipping merchant act amendment (2002) the scope of section 95 was amended and accordingly the seos were to regulate and to control all those manning agents and issued licenses. rules to regulate the manning agencies were notified in .....Tag this Judgment!
Court : Kolkata
Reported in : 2004(3)CHN509
..... office.17. the aforementioned recommendations have been accepted by the central government.18. therefore, the directions contained in the impugned judgment and order are contrary to the said act of 1958 as amended by the merchant shipping (amendment) act, 2002 and, therefore, are not sustainable in law.19. our attention has been drawn that the central government has not yet published the rules for the purpose ..... 1958 to enable the government of india or its agencies to give effect to those conventions and protocols.10. section 95 of the said act of 1958 has been amended by merchant shipping (amendment) act, 2002. such amendments were brought in to redefine the role of seamen's employment offices to control and regulate the manning agents and recruitment and placement service instead of controlling and regulating ..... writ petition relates to engagement, recruitment or employment of 36 (thirty six) bazarmen/canteen crew on the ship m.v. akbar. the relief that has been claimed by the petitioners has to be considered in the light of the amended provisions of merchant shipping act, 1958 as amended by merchant shipping (amendment) act, 2002. the bazarmen could claim the benefit of seamen or seafarers only if they could satisfy the .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR2004SC2026; JT2004(5)SC394; 2004(4)SCALE214; (2004)4SCC540; 2004(3)SLJ1(SC)
..... 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 ..... training, qualification and examinations in accordance with the appropriate provisions. the 1978 convention was amended in 1995 and is known as stcw 1995. this 1995 convention extensively amended the 1978 convention but articles i-to xvii of 1978 convention remained unamended. consequently, the merchant shipping (stcw) rules, 1998 were also framed rule 11 inter alia requires that existing cos ..... vi. regulation 1/2 of the stcw 78 convention as amended in 1955 (hereafter referred to as stcw 1995). this has become necessary because the amended stcw contention 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 ..... 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 in a lower rank than that shown in the certificates of service.3. .....Tag this Judgment!
Court : Mumbai
Reported in : AIR2002Bom371; 2002(2)ALLMR191; 2002(1)BomCR724; 2002(2)MhLj563
..... enacted the d.r.t. act. by section 5 of the amending act, section 51 has been substituted. the original section ..... not be ousted because of the provisions of the d.r.t. act.9. it is to be seen that the 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 same legislature which ..... 51 as it stood before its amendment in the year .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1983Bom178; (1983)85BOMLR250
..... by india nor was any effect given to the same in its municipal laws, despite the fact that the first merchant shipping act, 1958 was enacted when the u.s. a by its 1954 amendment, and the english parliament by its 1956 judicature act, gave effect to those conventions.15. now in order to test the correctness of these submission advanced by mr. ..... 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 ..... 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 ..... 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 : 2000(1)ALLMR146; 2000(1)BomCR781; 2000(2)MhLj198
..... the provisions relating to a certificate of service as they apply in relation to a certificate of competency.'6. section 80 was repealed by the merchant shipping (amendment) act, 1986 (no. 33 of 1986) with effect from 14th august 1987. several officers of the indian navy, who had attained the substantive rank of sub-lieutenant or lieutenant prior to ..... petitioner, in writ petition no. 783 of 1998, was commissioned in indian navy as sub-lieutenant on 1-1-1985.5. section 76 of the merchant shipping act, 1958 provides that everyindian ship, other than a home-trade ship of less than 200 tonnes grossengaged in coasting trade of india, when going to sea from any port or place,shall be provided with officers duly ..... filing an application for getting the certificate and that the subsequent procedure prescribed to get delivery of the certificate under section 80(5) or (6) had been deleted by the amending act, 1987, but the right itself had not been annulled; that the right continued to be in existence and the certificate could be obtained by filing an application. the division bench ..... only be an authority with regard to cases falling within the parameters of sub-section (1) of section 80.12. the objects and reasons for amending act 33 of 1986 and deletion of section 80 by the said amending act, as indicated in the statement of objects and reasons, are as under :'the international convention on the standards of training, certification and watchkeeping for .....Tag this Judgment!
Court : Chennai
Reported in : (1898)ILR21Mad395
..... in which valid sales might be made was thereby altered. the case of ward v. beck 32 l.j.c.p. 113 however, which discussed this merchant shipping act amendment act quotes the judgment of wood, v.c. in the above case and approves it, and it must therefore be considered as a binding authority as to the ..... .e., a sale-deed has been executed and the transfer has been registered, and in which ease specific performance was refused. this case was followed by the merchant shipping act amendment act, 25 and 26 vict., c. 63, which by section 3 says that certain equities may be enforced and it was argued by the appellant's vakil that ..... manner in which alone a valid sale of a ship can be effected.7. for this reason, then, the plaintiff's suit must fail, and we also think that for the other reasons urged by the ..... wrongfully obtained possession of the ship without the agreement being fully completed and carried it away and he claimed the balance and damages.3. the facts are that on the 20th july 1893, ..... 2. the plaintiff's case was that the defendant entered into a written agreement with him (through his agent) on the 21st july 1893 to purchase a ship belonging to the plaintiff for rs. 8,250 that, when rs. 3,250 of the purchase money had been paid in pursuance of the agreement, the defendant .....Tag this Judgment!
Court : US Supreme Court
..... , 1946, and march 11, 1946, respectively, one just before and the other just after the date (march 8, 1946) of the merchant ship sales act of 1946, 60 stat. 41, as amended, 50 u.s.c.app. 1735 et seq. (1958 ed.), and thus were not chartered to the government before the ..... 1958 ed.), which gave american citizens the right to purchase warbuilt ships from the united states as statutory sales prices which were substantially below the ..... in charter hire to petitioner for the wartime use of these ships during the years 1942 through 1946, which amount petitioner reported in its federal income tax returns for those years. on march 8, 1946, congress enacted the merchant ship sales act of 1946, 60 stat. 41, as amended, 50 u.s.c.app. 1735 et seq. ( ..... , 81st cong., 2d sess., 5. [ footnote 20 ] see note 14 supra. |381 u.s. 252app| appendix to opinion of the court section 9 of the merchant ship sales act of 1946, 60 stat. 46, 50 u.s.c.app. 1742 (1958 ed.), provides in relevant part: "sec. 9. (a) a citizen of the united states ..... parties, therefore, is the proper treatment of this $8,818,838, an issue which must be determined by reference to the 1946 act. [ footnote 14 ] section 9 of the merchant ship sales act of 1946 expressly provides that, upon application, a statutory adjustment "shall be made, as hereinafter provided, by treating the vessel as if .....Tag this Judgment!