[Maritime Law] Allahabad HC Directs Container Corporation Of India To Decide Upon Levy Of Detention Charges By ICDs During Lockdown

first_imgNews Updates[Maritime Law] Allahabad HC Directs Container Corporation Of India To Decide Upon Levy Of Detention Charges By ICDs During Lockdown Akshita Saxena25 Jun 2020 1:49 AMShare This – xThe Allahabad High Court has directed the Container Corporation of India Ltd. (CONCOR) to expeditiously decide the issue of levying detention charges/ ground rent by the Inland Container Depots (ICDs), for storage of cargo containers beyond the free period of fourteen days, during the lockdown period. A bench of Justices Sunita Agarwal and Saumitra Dayal Singh on Monday directed…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginThe Allahabad High Court has directed the Container Corporation of India Ltd. (CONCOR) to expeditiously decide the issue of levying detention charges/ ground rent by the Inland Container Depots (ICDs), for storage of cargo containers beyond the free period of fourteen days, during the lockdown period. A bench of Justices Sunita Agarwal and Saumitra Dayal Singh on Monday directed the Navratna PSU created under the Indian Ministry of Railways, to pass a speaking order on the subject, within a period of two weeks. The order is significant as the law on ICDs is not yet settled and even though the CAG Audit Report of 2016-17 confirm that ICDs are “dry ports”, the Respondent ICD herein, “Star Track Terminals” located at Dadri, Ghaziabad has allegedly refused to comply with the notifications issued by the Union Ministry of Shipping, directing all the ports to allow free storage time to all port users for the lockdown period, are not applicable to them. Notably, a similar case was also heard by the Delhi High Court in May, 2020, in a dispute between M/S Polytech Trade Foundation and Container Freight Stations Association. In the said case, the court was of a prima facie opinion that the said Government notifications are mere “advisories” and are not binding. The court therefore refused to grant any interim injunction in favour of the Petitioner-trade company, stating that, “no irreparable loss is going to be caused to the petitioner if injunction/restrained order is not granted for the reason that if this court finally comes to a conclusion that these letters were not in the form of advisories/guidelines but were in fact binding directions, the petitioner can recover the ground rent/penal charges paid by them to respondent” ICDs are responsible for providing the required infrastructure and security to the import/export goods being handled at their respective premises. Usually, they provide 14 days free storage facility, beyond which detention charges/ ground rent are applicable. In the case at hand, the Respondent ICD, Dadri had raised invoices against the Petitioner company, demanding Rs. 25,65,800/-, relating to storage of goods during the lockdown period. The Petitioner has contended that the levy of detention charges for the lockdown period is in violation of the orders/ directions issued by the Government of India vide various notifications issued in the months of April and May 2020. It has been contended that directions issued by the Ministry of Shipping and Ministry of Finance are mandatory in nature and are binding upon respondent ICD inasmuch as they are established by approval of under the inter ministerial committee consisting of Ministries of Commerce, Finance, Railways, Shipping and Civil Aviation The court has, without commenting on the merits of the case, ordered CONCOR to “take an expeditious decision on the reply submitted by the petitioner – protesting against the demand notice charging ground rent and detention charges on storage of the cargo containers beyond the free period of fourteen days, at the ICD Dadri (by respondent no.6).” The court further said that the undertaking will “pass a reasoned and speaking order in accordance with law within a period of two weeks from the submission of a copy of this order before the respondent no.5.” It may be noted that the Respondent ICD herein is a joint venture between CONCOR and APM Terminals India Pvt. Ltd. The Petitioner is represented by Senior Advocate Anoop Trivedi and Advocates Abhinav Gaur and Vibhu Rai. Click Here To Download Order Read Order Subscribe to LiveLaw, enjoy Ad free version and other unlimited features, just INR 599 Click here to Subscribe. All payment options available.loading….Next Storylast_img read more

Police concerned cannabis reform can’t be policed, won’t shut out gangs from black market

first_imgStuff co.nz 6 December 2019Family First Comment: Read all the concerns from the police – and then ask yourself, who’s opinion do you trust more? The Police who deal with this every day, OR Chloe, Andrew, Helen and the Drug Foundation.Police concerns…• One of the proposed benefits is to free up police resources but that is not actually the case. And If it was be to more closely monitored, that would put more demand on police.• Tax and pricing could be a problem. If you can’t drive that price down, that is not going to get rid of the black market.• There were some concerns from members about breaching the legal grow limits, which would be hard to police.• There was also some confusion around the purchase limits of 14g a day. Unless you have a database, how are you ever going to police that.• Members were also concerned that a law would support the idea that it was ok to use cannabis and that it was not harmful#saynopetodopePolice are raising concerns about how cannabis would be legalised if there’s a yes vote at next year’s referendum, and if gangs will really be shut out of the market.On Tuesday, Justice Minister Andrew Little announced the details of the cannabis bill to be voted on in next year’s referendum, and a new government website to provide information on both the cannabis and End of Life Choice referendum being held in 2020.Personal possession of 14 grams of cannabis, the sale of cannabis edibles, and growing up to four cannabis plants per household, are all included in the bill, which the public will be asked to vote “yes or no” at the 2020 general election.New Zealanders could buy the equivalent of 42 joints each day under the draft law to legalise cannabis use.The New Zealand Police Association President Chris Cahill said, without a doubt, there would be challenges for cops and he questioned if they would even bother policing it.Cahill has just returned from a trip to Canada, where cannabis has been legal for about one year.The reality was that police in New Zealand, just like in Canada, did not spend a lot of time investigating cannabis supply because there were so many other drugs, Cahill said.READ MORE: https://www.stuff.co.nz/national/politics/117981753/police-concerned-cannabis-reform-can-not-be-policed-and-shut-out-gangs-from-black-marketKeep up with family issues in NZ. Receive our weekly emails direct to your Inbox.last_img read more

NHL rumors: Top RFAs Jesse Puljujarvi, Julius Honka remain unsigned after signing deadline

first_imgAfter Sunday’s 5 p.m. Eastern Time deadline, it appears neither Edmonton Oilers forward Jesse Puljujarvi nor Dallas Stars defenseman Julius Honka have signed a contract to play in the NHL this season.Dec. 1 marks the final day the league’s restricted free agents may sign a contract before they are deemed ineligible to play each year. According to TSN’s Chris Johnston, Puljujarvi is expected to finish the season with Finnish club Oulun Karpat. Honka — who is also playing in Finland — may have a few more options. The Athletic’s Sean Shapiro reported that Honka and his agent could choose to change leagues before this season ends. Puljujarvi struggled in his first three NHL seasons (37 points in first 139 games) and made it publicly known this summer that he wants to move on from Edmonton to another NHL team. The 21-year-old Swede also said this summer he wants to play on the top two lines with his next team.Reporters stressed after Sunday’s signing deadline that it is still possible for either player’s rights to be traded this season — they just can’t sign and play until 2020-21.In 87 career NHL games, the 21-year-old Finn averaged 13:57 minutes of ice time and has scored 13 points. This deadline has come into play a few times in recent years as the league’s young players seek more money on their second professional contracts. This year, Puljujarvi and Honka remained the most notable unsigned players. TSN’s Bob McKenzie reported on Sunday that neither player is interested in signing with the teams that hold their rights.MORE: Mikko Rantanen, Avalanche trample Blackhawks in star’s returnMcKenzie wrote on Twitter there is “no chance” Puljujarvi — who has scored 24 points in 25 games playing with Finnish club Oulun Karpat this season — will be traded before the deadline.last_img read more