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Bombay High Court Allows Admiralty Suit for Bunker Supply Claim Against Foreign Vessel. Supply of bunkers to vessel 'LIMA II' held to be a maritime claim within admiralty jurisdiction, and arrest of vessel justified.

The plaintiff, Jupiter Denizcilik Tasimacilik Mumessillik San. Ve Ticaret Limited Sirketi, a Turkish company engaged in the supply of bunkers, filed a...

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Bombay High Court Allows Section 11 Application for Appointment of Arbitrator in Development Agreement Dispute. Arbitration Clause Survives Termination of Agreement, Court Appoints Sole Arbitrator.

The applicant, Vardhaman Builders, filed an application under Section 11 of the Arbitration and Conciliation Act, 1996 seeking appointment of an arbit...

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High Court of Bombay at Goa Allows Appeal in Cheque Dishonour Case — Presumption Under Section 139 NI Act Not Rebutted. Trial Court Erred in Not Framing Proper Points of Determination and Ignoring Legal Presumption in Favour of Complainant.

The appellant, original complainant Sunil Thukral, filed a criminal appeal against the judgment and order dated 19/01/2011 of the Judicial Magistrate ...

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WRIT PETITION NO. 5290 OF 2013

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Bombay High Court Allows Appeal in Motor Accident Claim Case — Remands for Fresh Assessment of Compensation for Injuries. Legal Representatives Entitled to Compensation for Injuries Suffered by Deceased Claimant Even If Death Not Caused by Accident.

The appeal arises from an award of the Motor Accident Claims Tribunal, North Goa, in Claim Petition No. 120/1998. The original claimant, Smt. Praveena...

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Bombay High Court Dismisses Review Petitions in Industrial Dispute Over Bonus Payment — No Error Apparent on Record. Review jurisdiction under Order 47 Rule 1 CPC is limited to errors apparent on face of record; re-argument on merits not permitted.

The judgment concerns a batch of review petitions filed against a common judgment dated 18th December 2013 passed by the Bombay High Court in several ...

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Bombay High Court Allows Petition in Cooperative Housing Society Dispute — Developer Directed to Pay Occupation Charges and Hand Over Possession of Amenity Space. Society's claim for amenity space upheld under Maharashtra Cooperative Societies Act, 1960 and Development Control Regulations.

The petitioner, Shivraj Nagar Co-op. Hsg. Soc. Ltd., a cooperative housing society, filed a writ petition against the developer, M/s. Mexttech Realty ...

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Bombay High Court Allows Second Appeal in Partnership Act Bar Case — Agreement Held as Licence Not Lease. Suit for Eviction by Unregistered Partnership Firm Not Barred Under Section 69(2) of Indian Partnership Act, 1932 as Right to Evict Trespasser Arises from Common Law.

The case involves a second appeal filed by M/s Hotel Satkar, an unregistered partnership firm, against the dismissal of their suit for eviction of the...

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High Court of Bombay at Goa Dismisses Appeal by Complainant in Cheque Bounce Case — Acquittal Upheld as Loan for Illegal Chit Fund Business Not Legally Enforceable. Presumption under Section 139 of Negotiable Instruments Act, 1881 Rebutted by Accused on Preponderance of Probabilities.

The appellant, Rajendra Pangam, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 against the respondent, Paresh B. Naik, al...