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Bombay High Court Dismisses Appeal Under Section 37 of Arbitration Act in Demurrage Dispute, Upholding Concurrent Findings Below. Clause 10(v) Held to Create Direct Liability for Demurrage, Not Indemnity, and Counterclaim for Option Cargo Damages Rejected.

The dispute arose from a coal supply contract dated 18 September 1999 between the appellant, an Indian company, and the respondent, an Australian comp...

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Bombay High Court Examines Closure Permission for Textile Mills Under Section 25-O of Industrial Disputes Act. The Court Stresses Need for Genuine and Adequate Grounds and Balances Industrial Needs with Worker Welfare, While Exercising Writ Jurisdiction Under Article 226 of the Constitution.

The dispute arose from the closure of two textile establishments, the Crown Mills Division and Process House Unit of Hindustan Spinning and Weaving Mi...

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Presidential Reference Made to Supreme Court Seeks Advisory Opinion on Telecom Licences and Spectrum Allocation Policies. Reference Under Article 143(1) Recites Historical Grant of Licences from 1994 to 2008 Including First-Come-First-Served and Revenue Share Regimes.

Background: The President of India made a reference under Article 143(1) of the Constitution on 12.04.2012, seeking the advisory opinion of the Suprem...

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Bombay High Court Adjudicates Section 34 Petition Against Arbitral Award on Termination and Repudiation of Master Asset Purchase Agreement. Arbitrator's Finding of Repudiation by Purchaser and Direction for Refund of Consideration under MAPA Considered.

The dispute arose from a Master Asset Purchase Agreement (MAPA) dated 31st March 2005 between Siddhivinayak Realties Pvt. Ltd. as purchaser and V Hote...

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Bombay High Court Dismisses Admiralty Suit for Pure Economic Loss Without Physical Damage — Claim for Production Loss Due to Vessel Grounding Held Not Maintainable in Tort of Negligence. Defendant Vessel Owner Not Liable as No Duty of Care Owed to Jetty Owner for Purely Economic Loss.

The plaintiff, owner of a captive jetty and PVC resin plant, filed an admiralty suit against the defendant vessel, claiming production loss of Rs. 12,...

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High Court of Bombay at Goa Examines Appeal Against BFAR Ruling on DDT Rate Under India-UK DTAA. Appellant Seeks Restriction of Dividend Distribution Tax to 10% Tax Treaty Rate on Dividends Paid to UK Parent Company.

The appellant, M/s. Colorcon Asia Pvt. Ltd., an Indian company and wholly owned subsidiary of Colorcon Limited, United Kingdom, filed an appeal under ...