Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1958 Merchant Shipping Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Petition Disposed Off |
Headnote | Merchant Shipping Act, 1958: Section 80(since omitted)-Certificate of Service (COS)-Officers of Indian Navy were issued COS without any examination-Such COS saved under S.5 of Amendment Act of 1986-Validity of-Held: After entry into fore of the 1978 Convention as amended in 1995, such COS valid only temporarily- The governing provision is Art. VI of the Convention-Now there can only be Certificates contemplated by the Convention-Merchant Shipping (Amendment) Act, 1986, S. 5-International Convention on Standards of Training, Certification and Watch Keeping far Seafarers, 1978 (as amended in 1995), Arts. VI and VII and Regns. 1/2 and 1/11. Merchant Shipping (STCW) Rules, 1998: Rules 11, 15 and MS. Notice No. 4 of 2000-Provided for conversion from Certificate of Service (COS) to Certificate of Competency (COC) after undergoing necessary refresher course, completing training or assessment-Different courses prescribed for successful conversion from COS to COC-Validity of-Held: Distinction between COS and COC was based on intelligible differentia and not violative of Arts. 14 and 19-Rr. 11 and 15 intra vires the 1995 Convention and the Merchant Shipping Act, 1958-Constitution of India, 1950, Arts. 14 and 19. Rules 11 and 15 and M.S. Notices Nos. 4, 5 and 6 of 2001:Chief Mate-No provisions existed to enable a COS holder to get an endorsement as Chief Mate in case he did not desire a COC as a Master- Central Government/gave an undertaking to make suitable provisions in that regard-Held: In accordance with its undertaking, Central Government to make suitable provisions. |
Judge | Hon'ble Mr. Justice H.K. Sema |
Neutral Citation | 2004 INSC 237 |
Petitioner | Naresh Kumar And Anr. |
Respondent | Union Of India And Ors. |
SCR | [2004] 3 S.C.R. 777 |
Judgement Date | 2004-04-05 |
Case Number | 6699 |
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