Search Results for "Maritime Claim"

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Bombay High Court Dismisses Widow and Son's Admiralty Suit for Compensation for Death of Chief Engineer on Duty — Claim Arising from Contract of Employment Not Within Admiralty Jurisdiction. No Maritime Lien Exists for Compensation for Death on Duty, and Suit Barred by Limitation.

The plaintiffs, Alice Elizabeth D'Souza (widow) and Alwin Mathew D'Souza (minor son), filed an admiralty suit against Motor Vessel Magalam (defendant ...

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High Court Dismisses Section 9 Petition for Post-Foreign Award Relief in Commercial Arbitration Dispute - Vessel Sale Prior to Petition Filing Renders Relief Infructuous

The High Court dismissed a commercial arbitration petition seeking interim measures under Section 9 of the Arbitration and Conciliation Act, 1996 to s...

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Bombay High Court Dismisses Admiralty Suits as Time-Barred Under Limitation Act. Claims for Loss of Vessel and Cargo Filed Beyond Three-Year Limitation Period from Date of Vessel's Sinking.

The judgment concerns two admiralty suits filed in the Bombay High Court. Admiralty Suit No.3 of 2011 was filed by the time charterer of the vessel 'N...

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Bombay High Court Allows Appeal in Workmen's Compensation Case — Employer Not Liable for Injury Not Arising Out of Employment. Seaman's Back Injury While Shifting Food Boxes Held Not Covered Under Section 3 of Employees' Compensation Act, 1923 as Injury Did Not Arise Out of and in Course of Employment.

The case involves an appeal by M/s Denklay Marine Services Ltd. and M/s Orinoco Marine Consultancy India Pvt. Ltd. against the judgment and order date...

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Bombay High Court Dismisses ONGC's Challenge to Arbitral Award in FPSO Charter Hire Dispute. Court upholds arbitral tribunal's interpretation of contract clauses and rejection of counterclaims, finding no patent illegality or perversity in the award.

The judgment concerns four arbitration petitions filed by Oil and Natural Gas Corporation Ltd. (ONGC) under Section 34 of the Arbitration and Concilia...

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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.

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...

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High Court Dismisses Arbitration Petitions Under Section 34 of Arbitration and Conciliation Act, 1996 — Upholds Arbitrator's Awards in Charterparty Dispute. Court Confirms That Arbitrator's Findings on Breach of Contract and Damages Are Not Open to Reappraisal Under Section 34.

The Petitioner, Rashtriya Chemicals & Fertilizers Ltd. (RCF), a public sector company, entered into an Agreement of Affreightment with the Respondent,...