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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...

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Bombay High Court Allows Writ Petition of Informer Seeking Balance Reward Under Customs Informers' Reward Scheme. Customs Department Directed to Pay Balance Reward Amount to Informer Who Provided Information Leading to Revenue Collection.

The petitioner, an informer of the Customs Department, filed a writ petition seeking a mandamus directing the respondents to release the balance amoun...

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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 Quashes Inquiry Officer's Penalty Order for Lack of Jurisdiction in Misdescription of Cargo Case. Container Corporation of India's Inquiry Officer acted without authority under the Indian Railways Act, 1989 and the Railways (Punitive Charges for Misdescription of Goods) Rules, 2004.

The case involves two writ petitions arising from an order dated 10.09.2012 passed by an Inquiry Officer, Shri Srinivas Mudgerikar, appointed by the H...

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Bombay High Court Reduces Customs Penalty for Signing Documents in Good Faith — Section 112(a) Customs Act, 1962. Petitioner's limited role and lack of knowledge of illegal importation warranted reduction of penalty from Rs.7.5 lakhs to Rs.1 lakh.

The petitioner, Ashok Chhabildas, a sole proprietor of M/s A.V. Impex, challenged the order of CEGAT dated 19/1/2001 which confirmed the order-in-orig...

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Bombay High Court Allows Appeal Against Condition of Security for Vacating Arrest of Cargo in Admiralty Suit - Cargo Owner Not Liable for Demurrage and Port Charges as They Are Not Party to Contract of Carriage

The appellant, Best Food International Pvt. Ltd., filed an appeal under Clause 15 of the Letters Patent against an order dated 4th February 2010 passe...

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Bombay High Court Dismisses Petition Challenging Office Note Requiring Courier Companies' Authorized Signatories to Hold 'F' Card, 'G' Card or Kardex Number and Pass Examinations Under CHALR 2004. Courier Regulations Not Exempt from Customs Broker Licensing Requirements Under CHALR 2004/CBLR 2013.

The Couriers Association of India filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court challenging an Off...