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Search Results for "voyage charter party"

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High Court

Bombay High Court Rules in Admiralty Jurisdiction Case: Cockette Marine Oil vs. OSV Beas Dolphin. Court Rejects Summary Judgment Amidst Insolvency Proceedings, Highlights Impact of IBC Moratorium on Maritime Claims.

23 Aug 2024

The Bombay High Court, under the Admiralty jurisdiction, considered an application for summary judgment filed by Cockette Marine Oil DMCC against OSV ...

High Court

Bombay High Court Considers Application to Vacate Arrest Order of Vessel in Admiralty Suit. The Court Examines Alleged Suppression of Facts and Non-compliance with Caveat under Section 148A CPC.

26 Jul 2022

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High Court

Bombay High Court Allows Appeal in Admiralty Suit — Vessel Arrest Set Aside for Lack of Same Beneficial Ownership. The court held that the arrest of a vessel under admiralty jurisdiction requires proof that the vessel is in the same beneficial ownership as the charterer liable for the claim, and mere common control or management is insufficient.

9 Dec 2019

The case involves a commercial appeal filed by Rainbow Ace Shipping S.A. Panama, the registered owner of the vessel M.V. Rainbow Ace, against an order...

High Court

Bombay High Court Allows Transfer of Arrested Vessel for Cargo Discharge and Repairs Subject to Security and Undertakings. Head Owners Granted Permission to Move M.T. Everrich 8 from Ennore to Haldia, with Conditions to Protect Plaintiff's Claim and Court's Jurisdiction.

14 Sep 2015

The case involves a Notice of Motion filed by the head owners of the vessel M.T. Everrich 8 (the Applicant) seeking transfer of the vessel from the po...

High Court

Bombay High Court Dismisses Appeal Against Arbitral Award in Charter Party Dispute — Upholds Award of Rs.52,54,046.34 with Costs. Court holds that findings of fact by the arbitral tribunal on breach of charter party and quantum of damages are not open to challenge under Section 34 of the Arbitration and Conciliation Act, 1996.

12 Mar 2014

The appellant, SKS Logistics Ltd, owned a vessel named M.V. Royal Pisces. By a fixture note dated 22nd June 2007, the appellant gave the vessel on hir...

High Court

Bombay High Court Determines Sheriff's Poundage Payable on Settlement Amount in Admiralty Suit — Poundage Calculated on Amount Actually Realized Under Warrant of Arrest, Not on Claim Value.

17 Jan 2014

The plaintiffs, Great Pacific Navigation (Holdings) Corporation Ltd., filed an Admiralty Suit against the vessel M.V. Tongil Yantai and its owners for...

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 Vacates Arrest of Vessel GEOWAVE COMMANDER for Lack of Ownership Link — Plaintiff's Claim Against Charterer Does Not Justify Arrest of Vessel Owned by Third Party. The court held that the plaintiff's misleading statements regarding ownership of the vessel vitiated the ex parte arrest order, and the vessel could not be arrested for a claim against a bareboat charterer when the owner was a different entity.

17 Apr 2013

The plaintiff, Yusuf Abdul Gani, sole proprietor of Jumbo Offshore Enterprises, filed an admiralty suit against the vessel GEOWAVE COMMANDER (GC) seek...

High Court

Bombay High Court Allows Revenue's Appeal in Slot Chartering Income Tax Case — Slot Chartering Income Not Exempt Under India-UK Tax Treaty. Income from slot chartering is taxable under Section 44B of the Income Tax Act, 1961, as it does not constitute 'operations of ships' under Article 9 of the India-UK Double Taxation Avoidance Agreement.

6 Aug 2012

The case involves two appeals by the Director of Income Tax (International Taxation) against a common order of the Income Tax Appellate Tribunal (ITAT...

High Court

Bombay High Court Dismisses Application to Set Aside Arrest of Vessel in Admiralty Suit for Bunkers Supply — Holds That Bunkers Are Necessaries and Arrest Valid Under Admiralty Jurisdiction. The court upheld the arrest of M.V. Rainbow Ace for a claim for bunkers supplied as necessaries, affirming the High Court's inherent admiralty jurisdiction.

30 Nov -0001

The case involves an admiralty suit filed by Lufeng Shipping Co. Ltd., a Chinese company, against the vessel M.V. Rainbow Ace, a Panamanian-flag vesse...

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