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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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Gujarat High Court Dismisses Appeal by Electricity Company in Electrocution Death Case. Negligence Established Under Res Ipsa Loquitur as Live Wire Caused Death of Plumber.

The case involves an appeal by Paschim Gujarat Vij Company Ltd (PGVCL) against a judgment and decree dated 13.11.2006 passed by the 4th Addl. Senior C...

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Supreme Court Dismisses Assessee's Appeal in MODVAT Credit Deduction Case Under Section 43B of Income Tax Act. Unutilised MODVAT Credit and Sales Tax Recoverable Account Not Allowable as Deduction Without Actual Payment of Excise Duty Liability.

The Supreme Court dismissed appeals by Maruti Suzuki India Ltd. against the Delhi High Court judgment dated 07.12.2017, which upheld the disallowance ...

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Bombay High Court Dismisses Appeal Against Refusal to Injunction Bank Guarantees in Arbitration Dispute. Performance Guarantees Are Independent Contracts and Cannot Be Restrained Except in Case of Fraud or Irretrievable Injustice.

The appellant, M/s S. Satyanarayana & Co., a partnership firm, was awarded a contract by respondent no.1, M/s West Quay Multiport (Private Limited), f...

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High Court of Bombay Dismisses Applications to Vacate Arrest of Vessels in Bunker Supply Disputes Involving Insolvent Intermediary. Maritime Claim for Bunkers Supplied to Vessel Held Enforceable In Rem Despite Lack of Privity Between Supplier and Owner.

The High Court of Bombay heard two notices of motion filed by the defendants in two admiralty suits seeking to vacate the arrest of their vessels. The...

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Bombay High Court Restrains Encashment of Bank Guarantee in Arbitration Dispute Between Contractor and Sub-Contractor. Court finds that invocation of bank guarantee was fraudulent and would cause irretrievable injustice to the petitioner.

The petitioner, Simplex Infrastructure Limited, a civil and structural construction company, entered into a sub-contract with respondent No. 1, Siemen...

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Bombay High Court Allows Petition Challenging Commissioner's Order Under Section 10-A of Employees' Compensation Act, 1923 — Summary Deposit Cannot Be Ordered When Employer Denies Liability. Employer-Employee Relationship Disputed, Commissioner Must Follow Regular Procedure Under the Act.

The Petitioner, Prompt Landmarks Pvt. Ltd., a construction company, challenged an order dated 4 May 2013 passed by the Commissioner for Workmen's Comp...