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Bombay High Court Allows Recovery Suit Against Carrier for Short Delivery of Pharmaceutical Cargo Under Carriage of Goods by Sea Act, 1925. Carrier Held Liable for Missing Cartons Despite Claim of Limited Liability as Value Was Declared in Bill of Lading.

The plaintiffs, M/s. Unique Pharmaceutical Laboratories, filed a suit for recovery of Rs. 11,32,583/- with interest against the defendants, M/s. Stalc...

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Bombay High Court Holds Summary Judgment Under UK Civil Procedure Rules Is a Judgment on Merits Executable in India Under Section 13 CPC. Foreign decree passed under Part 24 of UK CPR is considered a judgment on merits and is conclusive under Section 13 CPC, thus executable under Section 44A CPC.

The present chamber summons was taken out by the judgment debtor (defendant no.3) seeking adjournment to raise attachment of a flat and dismissal of t...

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Bombay High Court Dismisses Appeal by Videocon Industries Against Winding Up Order for Non-Payment of Guarantee Debt to Italian Bank. Patronage Letter Held to Be a Guarantee Under Indian Contract Act, 1872, and Claim Not Time-Barred.

The case involves an appeal by Videocon Industries Limited against an order of the Company Judge directing payment of Rs.259.73 crores to Intesa Sanpa...

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Bombay High Court Allows Appeal in Admiralty Bunkers Arrest Case. Bunkers on board a ship can be arrested and sold separately under admiralty jurisdiction as they are not part of the ship.

The appellant, Mansel Limited, a Bermuda company engaged in chartering vessels, filed an admiralty suit seeking arrest of bunkers on board the vessel ...

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Bombay High Court Dismisses Appeals Against Execution of Foreign Decree in Mistaken Credit Case. Foreign Judgment for Recovery of USD 5,00,000 Held Conclusive Under Section 13 CPC as Not Contrary to Public Policy.

The appeals arise from a suit filed by BNP Paribas (Switzerland) SA (the respondent bank) for execution of a foreign judgment passed by the District C...

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Bombay High Court Enforces Foreign Arbitral Award in Favour of Petitioner in Iron Ore Fines Sale Dispute. Rejects Respondent's Challenge Based on Public Policy and Natural Justice Under Sections 44-49 of Arbitration & Conciliation Act, 1996.

The petitioner, Noble Resources Ltd., a Hong Kong company, entered into a contract on 9 May 2008 with the respondent, Twenty First Century Wire Roads ...

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Bombay High Court Dismisses Suit Challenging Will of Deceased as Probate Granted by Dubai Court is Conclusive Under Section 41 of Indian Evidence Act. Mother's challenge to will fails as foreign probate is binding on Indian courts regarding validity and execution of will.

The plaintiff, Dr. Devika Damji Shah, mother of the deceased Dr. Mukesh Ramji Shah, filed a suit seeking a declaration that the will of the deceased d...

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Bombay High Court Dismisses Appeal Against Striking Off Defence in Foreign Award Enforcement. Non-compliance with interim orders under Section 9 of Arbitration and Conciliation Act, 1996 leads to striking off defence under Order 39 Rule 11 CPC.

The appeal arose from a judgment of a learned Single Judge of the Bombay High Court dated 4 October 2012, which allowed a motion under Order 39 Rule 1...

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Supreme Court Dismisses Review Petition in Arbitration Enforcement Case — No Error Apparent on Record. Review Petition Against Dismissal of Civil Appeals Under Section 48 of Arbitration and Conciliation Act, 1996 Rejected as Court Found No Ground for Review Under Order 47 Rule 1 CPC.

The Supreme Court of India dismissed review petitions filed by Arun Dev Upadhyaya against the judgment dated 10.08.2021 in Civil Appeal Nos. 8345-8346...