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1 - 10 of 23 (0.41 seconds)Section 10 in The Merchant Shipping Act, 1958 [Entire Act]
The Merchant Shipping Act, 1958
Section 12 in The Merchant Shipping Act, 1958 [Entire Act]
Section 14 in The Indian Ports Act, 1908 [Entire Act]
Section 402 in The Merchant Shipping Act, 1958 [Entire Act]
Section 57 in The Merchant Shipping Act, 1958 [Entire Act]
Commissioner Of Police, Bombay vs Gordhandas Bhanji on 23 November, 1951
62. In this situation, in order to sustain its action against the
petitioner, during the course of hearing, respondent No.1 - MPT
sought to place reliance on Sections 10 to 12 of the said Act. The said
contention was based on the assertion that, as long as the source of
power was available to the said respondent to proceed against the
petitioner, mere reference to a wrong provision would not vitiate its
action. It was also contended that the petitioner could not rely upon
the position of law, clarified by the Supreme Court in the cases of
Commissioner of Police, Bombay vs. Gordhandas Bhanji (supra) and
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Mohinder Singh Gill and another vs. The Chief Election
Commissioner, New Delhi and others (supra), for the reason that
only the contents of the said notice dated 19.04.1995 issued by
respondent No.1 - MPT under Section 14 of the said Act, could not
be the basis to test the veracity of the action undertaken by the said
respondent. It was submitted that the position of law clarified in
subsequent judgments clearly indicated that the Court could look at
pleadings and other material on record to examine as to whether the
action could be sustained.
Mohinder Singh Gill & Anr vs The Chiief Election Commissioner, New ... on 2 December, 1977
62. In this situation, in order to sustain its action against the
petitioner, during the course of hearing, respondent No.1 - MPT
sought to place reliance on Sections 10 to 12 of the said Act. The said
contention was based on the assertion that, as long as the source of
power was available to the said respondent to proceed against the
petitioner, mere reference to a wrong provision would not vitiate its
action. It was also contended that the petitioner could not rely upon
the position of law, clarified by the Supreme Court in the cases of
Commissioner of Police, Bombay vs. Gordhandas Bhanji (supra) and
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Mohinder Singh Gill and another vs. The Chief Election
Commissioner, New Delhi and others (supra), for the reason that
only the contents of the said notice dated 19.04.1995 issued by
respondent No.1 - MPT under Section 14 of the said Act, could not
be the basis to test the veracity of the action undertaken by the said
respondent. It was submitted that the position of law clarified in
subsequent judgments clearly indicated that the Court could look at
pleadings and other material on record to examine as to whether the
action could be sustained.
Assistant General Manager State Bank Of ... vs Tanya Energy Enterprises Through Its ... on 18 September, 2023
72. It is also relevant to note that in both the aforesaid cases
before the Supreme Court i.e. Assistant General Manager, State Bank
of India and another vs. Tanya Energy Enterprises, Through its
Managing Partner Shri Alluri Lakshmi Narasimha Varma (supra) and
Chairman, All India Railway Recruitment Board and another vs. K.
Shyam Kumar and others (supra) as also judgement of this Court in
the case of Adani Ports and Special Economic Zone Limited vs. Board
of Trustees of Jawaharlal Nehru Port Authority and others (supra),
the Courts specifically came to the conclusion that public interest and
larger public good were involved. The cases concerned issues of mass
copying during the examinations, black-listing of a contractor and
action being bona fide taken by a secured creditor against a
defaulting borrower. Such are not the facts in the present case, as the
only question herein concerns the liability of a particular party for
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raising, removing or destroying a vessel/wreckage, which impedes
navigation in a port, in terms of the provisions of the said Act and in
the light of the contractual obligations between the parties inter se.
In the facts and circumstances of the present case, it cannot be said
that the said principle can be invoked in public interest or for larger
public good. Hence, the said contention raised on behalf of
respondent No.1 also fails.