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Search Results for "charter party"

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High Court

Bombay High Court Allows Amendment of Plaint in Commercial Suit for Recovery of Demurrage and Other Charges — Amendment Sought to Include Additional Claims and Correct Description of Vessel. Court Held That Amendment Does Not Introduce New Cause of Action and Is Necessary for Determination of Real Controversy.

30 Nov -0001

The present application was filed by the plaintiff, Indian Oil Corporation Limited, seeking amendment of the plaint in a commercial suit for recovery ...

Supreme Court

Supreme Court Allows Appeal in Sales Tax Dispute Over Time Charter Agreement — Holds That Time Charter Is a Service Contract, Not Transfer of Right to Use Goods. The Court ruled that a time charter does not involve transfer of possession or control, thus not taxable under Section 5C of Karnataka Sales Tax Act, 1957.

4 Dec 2019

The appellant, The Great Eastern Shipping Co. Ltd., owned a tug named 'Kumari Tarini' and entered into a Time Charter Agreement dated 8.1.1998 with th...

High Court

Bombay High Court Dismisses Appeal Against Vacation of Arrest of Vessel in Maritime Claim — Charterer's Bareboat Charter Terminated Before Arrest, Vessel Not Owned by Charterer at Time of Arrest. The court held that the arrest of vessel Geowave Commander was invalid as the vessel was not owned by the charterer M/s. Reflect and the sister ship provision under the Admiralty Act did not apply.

10 May 2013

The appellant, Yusuf Abdul Gani, sole proprietor of Jumbo Offshore Enterprises, filed an appeal against the order of the learned Single Judge dated 17...

High Court

Madras High Court Allows Arrest of Vessel for Maritime Claim Under Admiralty Act, 2017 — Bunker Supply Constitutes Necessaries. The court held that supply of bunkers to a vessel is a maritime claim under Section 4(1)(l) of the Admiralty (Jurisdiction & Settlement of Maritime Claims) Act, 2017, and granted conditional arrest subject to furnishing of security.

6 Feb 2026

The plaintiff, Om Freight Forwarders Limited, a company engaged in freight forwarding and bunker supply, filed a civil suit under the Admiralty (Juris...

High Court

Bombay High Court Dismisses Petition Challenging Arbitral Award in Demurrage Dispute. Charter Party Agreement's Demurrage Clause Upheld as Petitioner Failed to Prove Excepted Perils.

21 Dec 2012

The petitioner, Steel Authority of India Limited (SAIL), challenged an arbitral award under Section 34 of the Arbitration and Conciliation Act, 1996, ...

High Court

Bombay High Court Dismisses Section 9 Petition Seeking Stay of Cancellation of Letter of Award in Tender Dispute. Court holds that disputes arising from pre-contractual stage are not arbitrable and interim relief under Section 9 cannot be granted when no arbitration agreement exists.

30 May 2019

The Petitioner, Provident Multi-Trading Pvt. Ltd., filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996 seeking interim reli...

Supreme Court

Supreme Court Allows Insurance Claim for Glider Accident: Glider Held to be Standard Aircraft and Deceased a Fare-Paying Passenger. The Court upheld the National Commission's decision that the glider was a duly licensed standard aircraft and the deceased was a fare-paying passenger in an air charter company, rejecting the insurer's exclusion clauses.

7 Feb 2020

The case involves an appeal by Bharti AXA General Insurance Co. Ltd. against an order of the National Consumer Disputes Redressal Commission allowing ...

High Court

Bombay High Court Dismisses Section 34 Petition Against Arbitral Award in Distributorship Dispute — Rejects Claim for Loss of Profits for Period Without Written Agreement. The court held that the arbitrator's finding that no implied contract existed for the period 14th June 2006 to 31st March 2007 was not perverse or against public policy under Section 34 of the Arbitration and Conciliation Act, 1996.

9 Jun 2015

The petitioner, Diversey India Private Limited, filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitr...

High Court

Bombay High Court Dismisses Appeals Against Arbitral Awards in Charter Party Disputes — Umpire's Appointment by Consent Valid, No Grounds for Setting Aside Award Under Section 34 of Arbitration and Conciliation Act, 1996. The court held that the umpire's appointment was with consent and the award was not liable to be set aside on grounds of error of law or fact.

2 Dec 2013

The case involves three appeals filed by the Union of India and the Food Corporation of India against orders of a learned Single Judge dismissing thei...

High Court

Bombay High Court Dismisses Admiralty Suit for Suppression of Facts and Abuse of Process — Arrest of Vessel Set Aside with Return of Security. Plaintiff suppressed filing of proceedings in Hong Kong and China, leading to dismissal of suit and release of security.

31 May 2013

The plaintiff, Sinoriches Enterprises Co. Ltd., filed Admiralty Suit No.76 of 2011 in the Bombay High Court seeking a decree and arrest of the vessel ...

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