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Bombay High Court Dismisses Challenge to Arbitral Award in Railway Bio-Diesel Supply Dispute — Fall Clause Interpretation Upheld. Court finds that comparing prices for different delivery distances without adjusting for freight is impermissible, and the arbitral tribunal's view is plausible.

The case involves a challenge by the Union of India (Central Railway) under Section 34 of the Arbitration and Conciliation Act, 1996, against an arbit...

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High Court of Karnataka Allows Insurance Company's Appeal in Motor Accident Claim — Reduces Compensation Due to Contributory Negligence. Claimants' Appeal for Enhanced Compensation Dismissed as Deceased Pedestrian Found 50% Contributory to Accident.

The case arises from a motor vehicle accident that occurred on 22.05.2011 at about 8.30 p.m. near Mallaghatta Gate, Kunigal Town, Tumkur District. The...

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High Court of Karnataka Allows Appeal by Insured in Workmen Compensation Case — Employer-Employee Relationship Not Established. Commissioner's Award Set Aside as Claimants Failed to Prove Deceased Was a 'Workman' Under Section 2(1)(n) of the Employees' Compensation Act, 1923.

The appeal was filed by Sri Ajjegowda, the owner of a tractor and trailer, challenging the judgment and award dated 24.02.2016 passed by the Principal...

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Bombay High Court Dismisses Insurer's Challenge to Arbitral Award in Marine Insurance Claim. The Court upheld the arbitrator's finding that goods destroyed by fire at a CFS warehouse were covered under the FOB clause of the Marine Cargo Open Policy.

The case involves a challenge by Tata AIG General Insurance Company Limited (the petitioner/insurer) to an arbitral award passed in favor of M/s. Manh...

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Bombay High Court Quashes Inquiry Officer's Penalty Order for Lack of Jurisdiction in Misdescription of Cargo Case. Container Corporation of India's Inquiry Officer acted without authority under the Indian Railways Act, 1989 and the Railways (Punitive Charges for Misdescription of Goods) Rules, 2004.

The case involves two writ petitions arising from an order dated 10.09.2012 passed by an Inquiry Officer, Shri Srinivas Mudgerikar, appointed by the H...