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Supreme Court Allows Appeal in Port Damage Case — Endorsement of Liability Obtained by Coercion is Void. Essar Shipping Ltd. v. Board of Trustees for the Port of Calcutta — Endorsement of liability obtained by wrongful detention of vessel is void under Section 17 of the Indian Contract Act, 1872.

The case arises from an incident on 27 August 1987 when the vessel M.V. Chennai Nermai, owned by Essar Shipping Ltd. (appellant), collided with a coal...

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Supreme Court Allows Appeal in Arbitration Appointment Case — Incorporation of Arbitration Clause by Reference in Sale Orders Under Coal Distribution Scheme. General Reference to Guidelines Containing Arbitration Clause is Sufficient Under Section 7(5) of Arbitration and Conciliation Act, 1996.

The present civil appeal arose from an order of the Jharkhand High Court rejecting an application under Section 11(6) of the Arbitration and Conciliat...

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Supreme Court Allows State's Appeal in Sales Tax Reimbursement Case — Coal and Coke Held Not Same Goods Under Section 15(b) of Central Sales Tax Act, 1956. Reimbursement of State Tax on Coal Not Available When Inter-State Sale Is of Coke, Despite Both Being Declared Goods Under Section 14.

The State of Jharkhand and its officers appealed against a High Court judgment directing them to reimburse the respondent, M/s. Akash Coke Industries ...

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Supreme Court Dismisses Appeal in Electricity Regulatory Dispute Over Coal Procurement Compensation. The Court upheld the Appellate Tribunal for Electricity's methodology for calculating compensation for coal shortfall, finding it consistent with established precedents under the Electricity Act, 2003.

The Supreme Court heard an appeal challenging an order passed by the Appellate Tribunal for Electricity dated November 13, 2020. The Tribunal had set ...

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Supreme Court Approves Compensation Scheme for Tribal Landowners in Coal Mining Acquisition - Mahanadi Coalfields Directed to Pay Compensation for Lands Acquired in 1987-1989. Market value determined as of 2010 survey date due to 28-year delay in compensation.

The case concerns the long-pending compensation claims of landowners, predominantly tribal communities, whose lands were acquired for coal mining by M...

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Bombay High Court Dismisses Appeal Against Dismissal of Suit for Want of Jurisdiction in Contract Dispute Involving Foreign Company. Court Holds That No Cause of Action Arose Within Territorial Jurisdiction of Nagpur Court Under Sections 15 to 20 of the Code of Civil Procedure, 1908.

The appellant, M/s. Gupta Coal India Private Limited, a company registered under the Companies Act, 1956 and having its registered office in Nagpur, f...

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Bombay High Court Dismisses Section 11 Application for Appointment of Arbitrator in Coal Supply Dispute Due to Absence of Arbitration Agreement in Purchase Orders. Tax Invoices with Arbitration Clause Not Binding as They Were Unilateral and Not Accepted by Respondent.

The applicant, Hitesh Coal Traders, filed an application under Section 11 of the Arbitration and Conciliation Act, 1996 seeking appointment of an arbi...

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Bombay High Court Allows Petitions Challenging Attachment Orders Under PMLA — Enforcement Directorate's Provisional Attachment Orders Set Aside for Lack of Proper Service and Non-Compliance with Section 5(1) of PMLA

The judgment concerns six criminal writ petitions filed by various individuals and companies challenging provisional attachment orders passed by the D...

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Bombay High Court Allows Students' Challenge to MHT-CET 2019 Answer Keys and Evaluation Process. Court Directs Re-evaluation of Disputed Questions and Issuance of Revised Merit Lists for Admission to Professional Courses.

The judgment concerns two writ petitions filed by students who appeared for the Maharashtra Common Entrance Test (MHT-CET) 2019 for admission to profe...