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High Court Allows Petition for Second Higher Pay Scale Benefits to Employees Despite Delay. Accrued Rights Under Government Resolution Created Continuous Cause of Action and Denial Violated Fundamental Rights, Making Delay/Laches Inapplicable as Precedent Covered Identical Issues.

The dispute involved employees of Gujarat Maritime Board seeking second higher pay scale benefits under Government Resolution dated 02.07.2007. The pe...

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High Court Dismisses Section 9 Petition for Post-Foreign Award Relief in Commercial Arbitration Dispute - Vessel Sale Prior to Petition Filing Renders Relief Infructuous

The High Court dismissed a commercial arbitration petition seeking interim measures under Section 9 of the Arbitration and Conciliation Act, 1996 to s...

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Bombay High Court Dismisses BPCL's Challenge to Service Tax on Port Storage Charges. Storage charges collected by Mumbai Port Trust from BPCL for storing petroleum products are taxable as 'port services' under Section 65(105)(zzl) of the Finance Act, 1994.

The petitioners, Bharat Petroleum Corporation Limited (BPCL) and its Territory Manager, filed a writ petition challenging the demand of Service Tax by...

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Bombay High Court Partially Allows Challenge to Arbitral Award in Maritime Board Dispute Over Cargo Handling Charges. Court sets aside majority award directing payment at Rs.3 per metric tonne, remits matter for fresh consideration on applicability of 1995 or 1996 policy.

The Maharashtra Maritime Board (Claimant) filed an Arbitration Petition under Section 34 of the Arbitration and Conciliation Act, 1996 challenging a m...

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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 Dismisses Appeal Against Arrest of Vessel in Admiralty Suit for Maritime Claim Under Charterparty. Court Holds That Dispute Regarding Existence of Intermediary Charterer Does Not Defeat Plaintiff's Prima Facie Case for Arrest of Vessel.

The appellants (Defendants 1 and 2) challenged the order of the learned single Judge of the Admiralty Court dated 19 October 2011, which dismissed the...

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Bombay High Court Allows Appeals Against Arrest of Vessel in Cargo Damage Claim — Maritime Lien Not Established. Bill of Lading Claim Does Not Give Rise to Maritime Lien; Owner Not Liable Due to Demise Clause.

The case involves three appeals filed against an order of a learned single Judge of the Bombay High Court in Admiralty Suit No.27 of 1999. The suit wa...

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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 ...