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Bombay High Court Dismisses Claims for Damages Against Plaintiff for Wrongful Arrest of Cargo in Admiralty Suit — Undertaking Under Rule 941 of Bombay High Court (OS) Rules Not Enforceable After Suit Withdrawal Without Adjudication on Merits.

The Plaintiff, Navbharat International Ltd., filed an admiralty suit and obtained an ex-parte order dated 12th January 2010 for arrest of cargo on boa...

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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 Second Appeal in Property Possession Suit — Concurrent Findings of Fact Not Disturbed. Court holds that no substantial question of law arises when both lower courts have concurrently found that the appellant failed to prove title or adverse possession over the suit property.

The appellant, Dilipkumar Bherumal Kucheriya, filed a Second Appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC) against the judgment ...

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Bombay High Court Dismisses Section 9 Arbitration Petition for Lack of Party Identity. Relief sought against non-signatories to arbitration agreement held impermissible under Sukanya Holdings principle.

The case involves an Arbitration Petition filed under Section 9 of the Arbitration and Conciliation Act, 1996 by Rakesh S. Kathotia and another (Petit...

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Bombay High Court Dismisses Revenue's Appeal in International Taxation Case Due to Lack of Substantial Question of Law. Precedent from Companion Appeal Applied to Container Shipping Tax Dispute.

The Director of Income Tax (International Taxation) appealed against an order of the Income Tax Appellate Tribunal in favor of M/s Safmarine Container...

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Bombay High Court Dismisses PIL Challenging Award of Container Terminal Contract to PSA International. Court holds that the petitioner failed to establish any public interest or mala fides in the tender process for the 4th Container Terminal at JNPT.

The petitioner, Mandar Narhari Parab, claiming to be a journalist, filed a Public Interest Litigation (PIL) in the Bombay High Court challenging the d...

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Bombay High Court Dismisses Challenge to Arbitral Award in Steel Coils Supply Dispute — Non-Conforming Goods Justify Rejection and Damages. The court upheld the arbitral award granting damages for breach of contract where goods did not meet specifications under the contract for sale of goods.

The petitioner, JSW Steel Ltd., challenged an arbitral award dated 28th May 2013 under Section 34 of the Arbitration and Conciliation Act, 1996. The d...