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Bombay High Court Considers Limitation Plea in Suit Alleging Fraud and Late Delivery of Goods Shipped Under Bill of Lading. Defendants Seek Dismissal of Suit on Grounds of One-Year Limitation Period Under Article III(6) of the Carriage of Goods by Sea Act, 1925.

(1) Background: The plaintiff, a Korean company, entered into a contract with Indian exporters for the purchase of cold rolled steel sheets to be ship...

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Supreme Court Clarifies 'Commercial Purpose' Under Consumer Protection Act for Company Purchases for Director Use. The Court held that purchase of a vehicle by a company for personal use of its directors does not amount to commercial purpose under Section 2(1)(d) of the Consumer Protection Act, 1986.

The Supreme Court of India heard a batch of appeals concerning the interpretation of 'commercial purpose' under Section 2(1)(d) of the Consumer Protec...

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High Court of Karnataka Hears Appeals in Motor Accident Claims Challenging Tribunal's Absolution of Insurer and Inadequate Compensation. Claimants Argue That Insurer Failed to Prove Driving Licence Breach and Must Pay Under 'Pay and Recover' Principle of Motor Vehicles Act, 1988.

The appeals arose from a motor vehicle accident on 30.06.2009 where a husband and wife on a motorcycle were hit by a rashly driven Light Goods Vehicle...

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Bombay High Court Dismisses Petition Challenging Arbitral Award in Defence Transport Contract Dispute. Contractor Held Liable for Loss Despite Alleged Insistence by Respondent on Unsuitable Trailer.

The petitioner, Shiv Ganga Transport Private Limited, entered into a contract with the respondent, the President of India through the Commandant, Emba...

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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.

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...

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Karnataka High Court Allows Revenue Appeal in GST Vehicle Seizure Case — Upholds Requirement of Advance Intimation Under Section 129(6) of KGST Act. Failure to Furnish E-Way Bill Details Before Movement Attracts Penalty Despite Subsequent Production.

The case involves an intra-court appeal filed by the Revenue (Joint Commissioner of Commercial Taxes and Commercial Taxes Officer) against an order of...

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Bombay High Court Dismisses Plaintiff's Claim for Short Delivery of Urea Due to Lack of Title to Sue Under Bill of Lading. Plaintiff Not a Party to Bill of Lading and Cannot Maintain Admiralty Action for Short Landing.

The plaintiff, Dreymoor Fertilizers Overseas Pte. Ltd., filed an admiralty suit against the vessel m.v. Theoforos-1 claiming short delivery of 520.30 ...

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Bombay High Court Dismisses Suit Against Carrier for Short Delivery of Goods Due to Lack of Privity of Contract and Limitation. Bill of Lading Holder Cannot Sue Carrier When Goods Were Delivered to Consignee Without Endorsement of Original Bill of Lading.

The plaintiff, M/s. J. Harkishandas & Co., a partnership firm, filed a suit against the first defendant, Lloyd Triestino, a foreign shipping company, ...

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Bombay High Court Allows Appeal in Carriage of Goods by Sea Case — Sets Aside Ex-Parte Decree Due to Non-Service of Summons. Service of summons on agent of foreign principal held insufficient to bind the principal under Order 5 Rule 12 of CPC, 1908.

The appeal arises from a judgment and decree dated 18 October 2014 passed by the City Civil Court, Bombay in SC Suit No.7175 of 1997. The plaintiff, D...