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Supreme Court Dismisses Appeal by Seller Against Union of India Over Forward Contract Dispute. Contract Held to be a Non-Transferable Specific Delivery Contract under Section 2(f) of Forward Contract (Regulation) Act, 1952, and Thus Not Illegal.

The dispute arose from a contract entered into in September 1960 between appellant Modi & Co. and the respondent Union of India, acting through the Di...

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High Court Dismisses Consignee's Claim Against Railways for Non-declaration of Value Under Section 77B of Indian Railways Act, 1890. Failure to Declare Value of Package Exceeding Rs. 500 Bars Compensation as Wooden Case Constituted a Package Within Meaning of Section 77B.

A consignment of terrycotton cloth belonging to the petitioner firm was returned by a purchaser and booked at Bhagalpur railway station for delivery t...

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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.

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...

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Bombay High Court Dismisses Port Trust's Suit Against Bank for Demurrage Charges — Bank Not Owner Under Major Port Trusts Act, 1963. Suit Against Bank Barred by Limitation as Goods Sold in 1979 and Suit Filed in 1982.

The plaintiff, Board of Trustees of the Port of Bombay (BPT), filed a suit against defendant No.1 (M/s. South Iron & Steel Co.) and defendant No.2 (Un...

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Bombay High Court Upholds Tribunal's Finding of Export Sale Under Section 5(1) Central Sales Tax Act, 1956 — Sale Completed by Transfer of Documents After Goods Crossed Customs Frontiers. Letter Dated 16/7/1971 Did Not Alter Original Contract Terms; Sale Held in Course of Export.

The case involves a sales tax reference under Section 61(1) of the Bombay Sales Tax Act, 1959, at the instance of the Commissioner of Sales Tax, Mahar...

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Bombay High Court Allows Writ Petition for Release of Imported Container Without Payment of Full Rent and Demurrage for Re-export — Petitioner Not Liable for Charges After Customs Clearance Refusal Due to Misdeclaration

The petitioner, Sahaj Impex, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court seeking a direction to ...

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High Court of Bombay Adjudicates Suit for Recovery of Port Trust Dues Under Major Port Trust Act, 1963. The Court Considered the Liability of an Importer, a Canalising Agent, and a Shipper for Wharfage and Demurrage Charges After Goods Remained Uncleared for Years and Were Auctioned.

The Board of Trustees of the Port of Bombay, a statutory corporation under the Major Port Trust Act, 1963, filed Suit No. 1533 of 1985 before the High...

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WRIT PETITION NO. 3310 OF 2017

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High Court of Karnataka Allows Writ Petition in Railway Concession Dispute — Directs Release of Iron Ore Consignment. Circular Offering 30% Concession on Iron Ore Transport Held Applicable to Consignments Booked Before Withdrawal.

The petitioners, M/s Kumaraswamy Mineral Exports (exporter) and NECC Roadways (transporter), filed a writ petition under Articles 226 and 227 of the C...