Search Results for "cargo owner liability"

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Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
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Search Results for "cargo owner liability"

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High Court

Bombay High Court Dismisses BPCL's Challenge to Service Tax on Port Storage Charges. Storage charges collected by Mumbai Port Trust from BPCL for storing petroleum products are taxable as 'port services' under Section 65(105)(zzl) of the Finance Act, 1994.

25 Aug 2022

The petitioners, Bharat Petroleum Corporation Limited (BPCL) and its Territory Manager, filed a writ petition challenging the demand of Service Tax by...

High Court

Bombay High Court Holds Section 143-A of Negotiable Instruments Act Directory — Interim Compensation Requires Recording of Reasons. Court clarifies that Section 143-A is not mandatory and reasons must be recorded for quantum under Section 143-A(2).

7 Jul 2022

The judgment arises from two criminal writ petitions filed by Ashwin Ashokrao Karokar (accused) against Laxmikant Govind Joshi (complainant) under the...

Supreme Court

Supreme Court Allows Appeal in Sales Tax Dispute Over Time Charter Agreement — Holds That Time Charter Is a Service Contract, Not Transfer of Right to Use Goods. The Court ruled that a time charter does not involve transfer of possession or control, thus not taxable under Section 5C of Karnataka Sales Tax Act, 1957.

4 Dec 2019

The appellant, The Great Eastern Shipping Co. Ltd., owned a tug named 'Kumari Tarini' and entered into a Time Charter Agreement dated 8.1.1998 with th...

High Court

Bombay High Court Sets Aside Arrest of Vessel in Admiralty Suit for Lack of Maritime Claim — Charterer's Claim for Sub-Charterer's Expenses Not a Maritime Lien. The court held that a claim for damages arising from a sub-charterer's expenses due to arrest of the chartered vessel by a third party does not constitute a maritime claim under the Admiralty Act, 2017, and the vessel cannot be arrested for such a claim.

6 Jun 2016

The case involves a Notice of Motion filed by the Applicant, the owner of the vessel M.V. AODABAO (Defendant No. 1), seeking to vacate the order of ar...

High Court

Bombay High Court Directs Mortgagee Bank to Fund Essential Supplies to Arrested Vessel Pending Judicial Sale — Priority of Supply Claims as Sheriff's Expenses. The court held that the mortgagee bank must bear the cost of preserving the arrested vessel and such expenses rank first in priority over all other claims.

11 Feb 2014

The Plaintiff, Coromandel International Limited, filed an Admiralty Suit against the vessel m.v. GLORY I and its owners, Andromeda Ship Holdings Ltd.,...

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 Appeals Against Arrest of Vessel in Cargo Damage Claim — Maritime Lien Not Established. Bill of Lading Claim Does Not Give Rise to Maritime Lien; Owner Not Liable Due to Demise Clause.

11 Mar 2011

The case involves three appeals filed against an order of a learned single Judge of the Bombay High Court in Admiralty Suit No.27 of 1999. The suit wa...

High Court

Bombay High Court Allows Insurance Claim for Goods Destroyed by Fire During Customs Delay — Insurer Liable Despite Policy Issued After Goods Were in Port. The court held that the plaintiff had an insurable interest and the policy covered the loss by fire, rejecting the insurer's defense of no risk.

4 Aug 2005

The plaintiff, M/s. Hasmukhrai Chandrakant, filed a suit against The Oriental Fire and General Insurance Co. Ltd. for recovery of Rs.18,70,322.42 with...

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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