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Bombay High Court Determines Liability for Removal of Sunken Barge Wreck Under Section 14 of Indian Ports Act, 1908. Supreme Court Had Earlier Remanded the Matter for Deciding Pure Question of Law Regarding Whom Liability Falls Upon for Clearing the Wreckage.

The case involved a writ petition filed by JSW Steel Limited (formerly ISPAT Industries Limited) challenging the suspension of its permission to use M...

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Madras High Court Allows Appeal in Commercial Dispute Over Berth Reservation Agreement — Restores Arbitral Award. Court Holds That Arbitral Tribunal's Findings on Limitation and Merits Were Not Perverse and Did Not Warrant Interference Under Section 34 of the Arbitration and Conciliation Act, 1996.

The appellant, M/s.X-Press Container Lines (UK) Ltd., entered into a Berth Reservation Agreement with the respondent, the Board of Trustees of the Por...

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Madras High Court Considers Appeal Against Order Setting Aside Arbitral Award in Berth Reservation Dispute. Court Examines Whether the Claim Was Barred by Limitation and Whether the Award Was Patently Illegal Under Sections 34 and 37 of the Arbitration and Conciliation Act, 1996.

The judgment of the Madras High Court in OSA (CAD) No. 39 of 2021 involved an appeal under Section 37 of the Arbitration and Conciliation Act, 1996, a...

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Supreme Court Allows Appeal in Arbitration Case by Restoring Arbitral Award. High Court's Setting Aside of Award Under Section 37(1)(c) of Arbitration and Conciliation Act, 1996 Found Erroneous as It Exceeded Scope of Judicial Review.

The Supreme Court of India heard a civil appeal arising from a dispute between PSA Sical Terminals Pvt. Ltd., the appellant, and The Board of Trustees...

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Presidential Reference Made to Supreme Court Seeks Advisory Opinion on Telecom Licences and Spectrum Allocation Policies. Reference Under Article 143(1) Recites Historical Grant of Licences from 1994 to 2008 Including First-Come-First-Served and Revenue Share Regimes.

Background: The President of India made a reference under Article 143(1) of the Constitution on 12.04.2012, seeking the advisory opinion of the Suprem...

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Bombay High Court Allows Petition Against Port Trust for Refusing Remission of Demurrage Charges. Port Trust's Own Guidelines for Remission When Detention by Customs for Bonafide Operations Must Be Followed.

The petitioner, M/s. Rasiklal Kantilal & Co., a partnership firm engaged in import of goods including zinc ingots and copper wire bars, filed a writ p...

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Bombay High Court Allows Revenue Appeal in Section 80IA Deduction Case for Container Handling Cranes. Leasing of cranes to JNPT does not constitute developing, maintaining and operating an infrastructural facility under Section 80IA of the Income Tax Act, 1961.

The case involves appeals filed by the Revenue under Section 260A of the Income Tax Act, 1961 against the order of the Income Tax Appellate Tribunal f...