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High Court

Bombay High Court Dismisses Revenue's Appeal in Customs Act Case — Master of Vessel Solely Liable for Import Manifest Errors. Agents Filing Manifest on Behalf of Master Not Liable Under Sections 30 and 148(2) of Customs Act, 1962.

5 Apr 2006

The case involves an appeal by the Commissioner of Customs (Imports) against M/s Patvolk and M/s Shahi Containers. The dispute arose from the arrival ...

High Court

Bombay High Court Dismisses Revenue's Appeal in Sales Tax Case on Handling Charges. Handling charges for registration of motor cycles are not part of sale price under Section 2(25) of MVAT Act, 2002.

11 Jul 2011

The Revenue appealed against an order of the Maharashtra Sales Tax Tribunal which set aside tax on handling charges collected by the respondent, a dea...

High Court

High Court of Bombay Considers Motion to Set Aside Arrest of Vessel in Admiralty Suit: Arrest of M.V. Rainbow Ace Challenged on Ground of Non-Establishment of Common Beneficial Ownership Between Vessel Owner and Defaulting Charterer. Defendant Vessel Owner Asserts No Common Beneficial Ownership with Charterer, Seeking to Vacate Ex-Parte Arrest Order in Maritime Claim for Damages Under Voyage Charterparty.

6 May 2013

In the High Court of Judicature at Bombay, Admiralty and Vice Admiralty jurisdiction, the applicant, owner of the vessel M.V. Rainbow Ace, filed a not...

High Court

Bombay High Court Allows Appointment of Sole Arbitrator in Multimodal Transport Dispute — Arbitration Clause in Bill of Lading Held Valid and Binding. The court applied the prima facie test under Section 11(6A) of the Arbitration and Conciliation Act, 1996, and appointed a retired judge as arbitrator.

23 Feb 2023

The applicant, Nagreeka Indcon Products Pvt. Ltd., a manufacturer of aluminium foil containers, sought appointment of a Sole Arbitrator under Section ...

High Court

Bombay High Court Dismisses Steamer Agent's Challenge to Port Trust's Demurrage Claim — Agent Held Liable for Unpaid Port Dues Despite Acting for Foreign Principal. The court affirmed that a steamer agent is personally liable for port charges when the principal is a foreign entity not amenable to Indian jurisdiction.

16 Dec 2005

The petitioner, Forbes Forbes Campbell & Co. Ltd., was the steamer agent for American President Lines Ltd., a foreign shipping company. Seven cartons ...

High Court

Bombay High Court Holds Transporter Liable for Breach of Trust in Delivery of Goods Without Discharged Lorry Receipts — Plaintiff's Claim for Price of Goods Against Consignee and Transporter Partly Decreed. The court found that the transporter's failure to obtain discharged lorry receipts constituted breach of contract of carriage and breach of trust, making it jointly and severally liable with the consignee for the price of the goods.

11 May 2012

The plaintiff, National Textile Corporation Ltd., filed a suit for recovery of Rs.84,931.48 with interest against defendant No.1 (K.L. Kapadia), the c...

High Court

Bombay High Court Allows MSEB's Appeal and Dismisses Railway's Appeal in Goods Damage Claim — Railway Administration Held Liable for Negligence in Transit. Carrier's Duty of Care Under Section 72 of Railways Act, 1989 Requires Proof of Reasonable Care; Failure to Provide Open Wagon Cover or Proper Handling Constitutes Negligence.

8 May 2014

The case involves two cross-appeals arising from a common judgment of the Railway Claims Tribunal, Nagpur, concerning damage to a consignment of elect...

High Court

Bombay High Court Dismisses Union's Challenge to MSRTC Circular Requiring Heavy Vehicle Driving License for Driver-cum-Conductor Posts. Court Holds That Prescribing Higher Qualification for Driving Heavy Passenger Vehicles Is a Reasonable Condition Based on Public Safety and Operational Necessity, Not Arbitrary.

4 Oct 2017

The petitioner, Maharashtra S. T. Workers Congress (INTUC), a trade union registered under the Trade Unions Act, 1926, filed a writ petition under Art...

High Court

Bombay High Court Dismisses Admiralty Suit by Consignee for Non-Delivery of Goods; Dubai Court Order Frustrated Contract of Affreightment. Non-delivery was due to a Dubai Court order attaching the cargo, which frustrated the contract of affreightment, absolving the defendants of liability.

13 Feb 2006

The case involved an admiralty suit filed by Bhatinda Chemicals Ltd., the consignee, against the vessel m.v. 'X-PRESS NUPTSE' and its owners, Fintas S...

High Court

Bombay High Court Allows Recovery Suit Against Carrier for Short Delivery of Pharmaceutical Cargo Under Carriage of Goods by Sea Act, 1925. Carrier Held Liable for Missing Cartons Despite Claim of Limited Liability as Value Was Declared in Bill of Lading.

9 Sep 2005

The plaintiffs, M/s. Unique Pharmaceutical Laboratories, filed a suit for recovery of Rs. 11,32,583/- with interest against the defendants, M/s. Stalc...

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