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Bombay High Court Dismisses Appeal Against Arbitral Award in Demurrage Dispute — Engine Trouble Does Not Suspend Laytime Under Charterparty. Charterer's claim for exclusion of time due to vessel's engine problem rejected as laytime had already commenced and no exception clause applied.

The dispute arose from a Charterparty dated 15 November 2010 between Steel Authority of India Ltd. (charterer/appellant) and Pacific Gulf Shipping Co....

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Bombay High Court Dismisses Petition Challenging Appointment of Chief Medical Officer in Port Trust. Selection and appointment of respondent no.3 as Chief Medical Officer with Mormugao Port Trust upheld as valid under the Recruitment Regulations, 2000.

The petitioner, Dr. Dnyaneshwer Purshottam Kudalkar, a Chief Medical Officer with New Mangalore Port Trust, challenged the selection and appointment o...

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Bombay High Court Dismisses Insurance Company's Challenge to Stamp Duty Demand on Marine-cum-Erection Policies. Policies for construction of rigs classified as Sea Insurance under Article 47A(ii) of Indian Stamp Act, 1899.

The petitioners, Oriental Insurance Co. Ltd. and its Divisional Manager, challenged a demand for stamp duty on six insurance policies issued in favor ...

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Bombay High Court Quashes Detention Order Under COFEPOSA Act for Non-Consideration of Settlement Application. Preventive detention order set aside as detaining authority failed to consider detenu's pending settlement application under Customs Act and Central Excise Act before passing order.

The petitioner, brother-in-law of the detenu Charles Patrick, challenged the detention order dated 5.5.2006 passed under Section 3(1) of the Conservat...

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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 Quashes Detention Order Under COFEPOSA for Non-Application of Mind — Detenu's Representation Not Considered Before Confirmation. Failure to Consider Representation Before Confirmation Under Section 8(f) of COFEPOSA Renders Detention Invalid.

The petitioner, brother of the detenu, challenged the detention order dated 2.4.2004 passed under section 3(1) of the Conservation of Foreign Exchange...

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Bombay High Court Dismisses Widow and Son's Admiralty Suit for Compensation for Death of Chief Engineer on Duty — Claim Arising from Contract of Employment Not Within Admiralty Jurisdiction. No Maritime Lien Exists for Compensation for Death on Duty, and Suit Barred by Limitation.

The plaintiffs, Alice Elizabeth D'Souza (widow) and Alwin Mathew D'Souza (minor son), filed an admiralty suit against Motor Vessel Magalam (defendant ...

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Bombay High Court Enforces Foreign Arbitral Award in Agency Dispute — Award Declared Enforceable as Decree. Foreign Award Under Sections 46-49 of Arbitration & Conciliation Act, 1996 Upheld as No Grounds for Refusal Under Section 48 Established.

The petitioner, Mitsui OSK Lines Ltd., a Japanese shipping company, filed a petition under Sections 46 to 49 of the Arbitration and Conciliation Act, ...