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Search Results for "demurrage"

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High Court

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

18 Jan 2021

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 ...

High Court

Bombay High Court Quashes Magistrate's Order Directing Release of Stolen Goods to Importer Without Notice to Port Trust — Port Trust Has Lien Over Goods for Demurrage Charges Under Major Port Trusts Act, 1963. The Court held that the Magistrate must consider the statutory lien of the Port Trust and afford it a hearing before ordering release of goods.

9 Oct 2019

The Petitioner, Board of Trustees of the Port of Mumbai, filed a writ petition challenging an order dated 29.07.2002 passed by the learned Metropolita...

High Court

Bombay High Court Dismisses Petition Challenging Arbitral Award in Charterparty Dispute — Upholds Award of Demurrage and Rejection of Oral Joint Venture Agreement. The court held that the arbitral tribunal's findings were not patently illegal or against public policy under Section 34 of the Arbitration and Conciliation Act, 1996.

30 Jan 2019

The case involves an arbitration petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitral award passed in disp...

High Court

Bombay High Court Dismisses Arbitration Petition Challenging Award Rejecting Salvor's Claims for Idling Charges in Salvage Contract Dispute. Court upholds arbitral tribunal's finding that salvor failed to prove breach of contract and damages, and that claims were barred by accord and satisfaction.

11 Jan 2019

The case involves a challenge under Section 34 of the Arbitration and Conciliation Act, 1996, to an arbitral award passed by a three-member tribunal i...

High Court

High Court of Judicature at Bombay Refers Question of Law on Allowability of Expenditure under Section 40(a)(i) and Section 172 of Income Tax Act to Larger Bench. Disagreement with earlier Division Bench decision in CIT v. Orient (Goa) Pvt. Ltd. leads to referral on whether payer's non-resident status required for invoking proviso to Section 172.

5 Feb 2016

Background: The case concerns income tax appeals filed by the Revenue under Section 260A of the Income Tax Act, 1961, against the order of the Income ...

High Court

Bombay High Court Dismisses Appeals Against Arbitral Awards in Charter Party Disputes — Umpire's Appointment by Consent Valid, No Grounds for Setting Aside Award Under Section 34 of Arbitration and Conciliation Act, 1996. The court held that the umpire's appointment was with consent and the award was not liable to be set aside on grounds of error of law or fact.

2 Dec 2013

The case involves three appeals filed by the Union of India and the Food Corporation of India against orders of a learned Single Judge dismissing thei...

High Court

High Court Dismisses Petition Challenging Majority Arbitral Award in Maritime Demurrage Dispute — Claim Time-Barred Under Charterparty Clause 24. The court upheld the majority arbitrators' finding that the demurrage claim was received beyond the 45-day period stipulated in clause 24 of the Tanker Voyage Charterparty, and thus the claim was time-barred.

4 Jan 2012

The petitioner, Axios Navigation Co. Ltd., a shipowner, challenged a majority arbitral award dated 18 August 2008 passed by a three-member Arbitral Tr...

High Court

Bombay High Court Dismisses Petition Challenging Arbitral Award in Charter Party Demurrage Dispute — Upholds Arbitrator's Interpretation of Laytime and Demurrage Clauses. Court holds that Section 34 of Arbitration and Conciliation Act, 1996 does not permit reappreciation of evidence or correction of errors of law unless award is patently illegal or perverse.

15 Jul 2011

The petitioners, M/s. Puyvast Chartering B.V. (owner) and M/s. Puyvast Maritime India Ltd. (agent), challenged an arbitral award dated 28 February 200...

High Court

Bombay High Court Allows Petition Against Port Trust for Refusing Remission of Demurrage Charges. Port Trust's Own Guidelines for Remission When Detention by Customs for Bonafide Operations Must Be Followed.

12 Apr 2010

The petitioner, M/s. Rasiklal Kantilal & Co., a partnership firm engaged in import of goods including zinc ingots and copper wire bars, filed a writ p...

High Court

Bombay High Court Upholds Port Trust's Claim for Demurrage Prior to Confiscation Order: Suit Not Barred by Limitation. Right to Sue Accrues on Date of Confiscation Under Article 113, Limitation Act, 1963, and Not at Expiry of Free Days Despite Board's Powers Under Sections 61 and 62 of Major Port Trusts Act, 1963.

15 Dec 2006

This is a suit filed by the Board of Trustees of the Port of Bombay against an importer for recovery of port trust charges (wharfage and demurrage) ac...

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