Created by Fuzzy Cloud

Merchant Shipping Act, 1958

19 judgments · newest first · showing 1–19

THE CHAIRMAN V. O. CHIDAMBARANAR PORT TRUST & ORS.versusCAPT. PAUL NADAR BENNET SINGH

2018 INSC 1164Case Partly allowed

The Chairman V. O. Chidambaranar Port Trust appointed Capt. Paul Nadar Bennet Singh as a Pilot Officer in 2008 on a regular basis, subject to him qualifying in a pilot‑license examination. In 2012 the Trust terminated his service, alleging that his Certificate of Competency (CoC) as Master issued by …

BRANCH C.1.0., TIRUNELVELI RANGE, TAMILNADUversusMARIYAANTONVIJAY

2015 INSC 463Appeal(s) allowed

The police intercepted the vessel M.V. Seaman Guard Ohio within Indian territorial waters and seized a large quantity of unlicensed firearms and ammunition, leading to a charge sheet under the Arms Act, 1959 and other statutes. The accused challenged the charge sheet through revision (s.397) and a …

PETROMARINE PRODUCTS LTD.versusOCEAN MARINE SERVICES COMPANY LTD. & ORS.

2015 INSC 124Dismissed

Petromarine Products Ltd. filed an admiralty suit in the Bombay High Court seeking a decree and attachment of sale proceeds of the vessel MV Eleni, which was already arrested and placed under the jurisdiction of the Madras High Court where a suit by another creditor had been filed. The Madras Court, …

SABEEHA FAIKAGE & ORS.versusUNION OF INDIA & ORS.

2012 INSC 486Disposed off

The petitioners, relatives of ten Indian seafarers who disappeared when the foreign‑flagged tug Jupiter‑6 went missing in September 2005, filed a writ under Article 32 seeking a marine casualty investigation and compensation, alleging violation of their right to life under Article 21. The Court …

M.T. ENRICA LEXIE & ANR.versusDORAMMA & ORS.

2012 INSC 197Disposed off

Two Indian fishermen were killed when an Italian-flagged vessel, M.T. Enrica Lexie, allegedly opened fire while its Naval Military Protection Squad (NMP) was on board. The Kerala Police detained the vessel and a Circle Inspector issued a notice prohibiting it from sailing without permission. The …

O. KONAVALOVversusCOMMANDER, COAST GUARD REGION AND ORS.

2006 INSC 168Appeal(s) allowed

A Panama‑registered vessel carrying Ukrainian crew entered Indian territorial waters without authorization and was arrested by the Coast Guard. The Customs Department seized the cargo and later confiscated the vessel under the Customs Act, 1962. The chief officer and other crew members filed …

NARESH KUMAR AND ANR.versusUNION OF INDIA AND ORS.

2004 INSC 237Disposed off

The petitioners, former Indian Navy officers, were issued Certificates of Service (COS) under the now‑repealed Section 80 of the Merchant Shipping Act, 1958 and later employed in the merchant navy. After India ratified the STCW Convention (1978, amended 1995), the government issued Merchant Shipping …

UNION OF INDIA AND ANR.versusINTERNATIONAL TRADING CO. AND ANR.

2003 INSC 284Appeal(s) allowed

The respondents, International Trading Co. and others, held permits under the Maritime Zones of India (Regulation of Fishing by Foreign Vessels) Act, 1981 to operate foreign deep‑sea fishing vessels in India's exclusive economic zone. Their permits were not renewed after the initial term, and the …

CAPT. KARAN VASWANIversusUNION OF INDIA AND ORS.

2000 INSC 168Dismissed

The New Mangalore Port Trust advertised a vacancy for Deputy Conservator, requiring ten years of experience as a Master of a foreign‑going ship or in pilotage/dredging. Captain Subhash Kumar (respondent No.4) had six years as Master and nine years as Pilot, while the appellant had two years as …

WORLD TANKER CARRIER CORPORATIONversusSNP SHIPPING SERVICES PVT. LTD. AND ORS.

1998 INSC 186Appeal(s) allowed

World Tanker Carrier Corp (WTCC), a Liberian company, owned the vessel New World which collided on the high seas with the Cyprus‑registered vessel YA Mawlaya, resulting in deaths and damages. Various claimants filed suits in the United States, while SNP Shipping Services (an Indian company) and Kara …

UNION OF INDIA AND ANR.versusV.M. SALGAONCAR AND BROS. (P) LTD. ETC.

1998 INSC 142Disposed off

The case concerned importers of specialised transhipper vessels who claimed exemption from customs duty under Notification No. 262‑Customs dated 11 October 1958, which exempted "ocean‑going vessels". The Customs authorities insisted that the vessels were not "ocean‑going" and required the importers …

M.C. MEHTAversusSTATE OF.TAMIL NADU

1996 INSC 1454Disposed off

The Supreme Court entertained a public‑interest writ filed by M.C. Mehta challenging the employment of children below fourteen in hazardous factories and mines in Sivakasi and elsewhere, alleging violation of the fundamental right under Article 24 of the Constitution. The Court examined the …

VIDESH SANCHAR NIGAM LTD.versusM. V. KAPITAN KUD AND ORS.

1995 INSC 716Appeal(s) allowed

Videsh Sanchar Nigam Ltd. sued the foreign vessel M.V. Kapitan Kud for damage to an international submarine cable, alleging the ship’s anchor caused a break. The Bombay High Court arrested the vessel and later ordered its release on security, a decision appealed to the Supreme Court. The Court …

CAPTAIN SUBASH KUMARversusPRINCIPAL OFFICER, MERCANTILE MARINE DEPARTMENT, MADRAS

1991 INSC 68Appeal(s) allowed

Captain Subash Kumar, master of the Panamanian‑flagged MV Eamaco, was charged under section 363 of the Merchant Shipping Act, 1958 for alleged negligence in failing to launch lifeboats when the ship sank 232 nautical miles from India. The appellant contended that the Act did not apply because the …

CHOWGULE & CO. PRIVATE LIMITED ETC.versusUNION OF INDIA & ORS.

1987 INSC 53Dismissed

Chowgule & Co. Private Ltd. and V.S. Dempo & Co. imported second‑hand tankers that were converted into transhippers for topping‑up iron ore at Mormugao harbour. The Customs authorities demanded that the companies file Bills of Entry for the vessels, treating them as "goods for home consumption" …

STEEL INDUSTRIALS KERALA LTD.versusCAPT. S. M. REBELLO & ORS.

1985 INSC 37Disposed off

Capt. S. M. Rebello was appointed as master of the vessel M.V. Anastasia for a one‑year term. The ship was sold as scrap and his services were terminated on 20 December 1980. He claimed full‑year wages, arguing that under the Merchant Shipping Act, 1958 a master is treated as a seaman and is …