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Bombay High Court Allows Revenue's Appeal in Income Tax Case Regarding Redemption Fine as Business Expenditure. Redemption fine of Rs. 75,00,000 paid for unauthorized import of almonds held allowable as business expenditure under Section 37 of the Income Tax Act, 1961.

The appeal was filed by the Principal Commissioner of Income Tax against the order of the Income Tax Appellate Tribunal (ITAT) which allowed the asses...

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Bombay High Court Dismisses Petition Challenging Arbitral Award in Demurrage Claim Dispute. Claim for demurrage and detention charges held time-barred under Article 55 of Limitation Act, 1963 as the cause of action arose on completion of discharge, not on subsequent demand.

The Petitioner, National Iranian Tanker Company, filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996 challenging a majorit...

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Bombay High Court Quashes Criminal Proceedings in Cheating Case Due to Civil Nature of Dispute. Failure to Perform Contractual Obligations Does Not Attract Criminal Liability Under Sections 406 and 420 IPC Without Proof of Fraudulent Intent at Inception.

The case involves a criminal writ petition filed by V.B. Padode and M/s. Dataline and Research Technologies (I) Ltd. (the petitioners) challenging the...

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Bombay High Court Dismisses Appeals Against Setting Aside of Arbitral Awards for Lack of Concluded Contract. Joint Exploration Agreement Held Not Binding as Conditions Precedent Not Fulfilled, Resulting in No Valid Arbitration Agreement.

The case involves appeals by Hindustan Petroleum Corporation Ltd. and Prize Petroleum Company Ltd. (appellants) against M3nergy Sdn. Bhd. (respondent)...

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Bombay High Court Allows Summons for Judgment in Favour of Confirming Bank in Letter of Credit Dispute. Confirming Bank's Right to Recover from Issuing Bank Upheld Despite Allegations of Fraud in Underlying Transaction.

The plaintiff, UBS AG, a foreign bank, filed three summary suits against three Indian banks (State Bank of Patiala, Federal Bank Ltd, and United Weste...

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Bombay High Court Quashes CBEC Circular on Service Tax Refund for Exporters — Circular Held Ultra Vires Section 11B of Central Excise Act, 1944 and Section 93 of Finance Act, 1994.

The Bombay High Court, in a batch of writ petitions filed by various companies including Larsen & Toubro Limited, Uhde India Private Limited, Tata Tel...