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Search Results for "demise charterer"

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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

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 Vacates Arrest of Vessel GEOWAVE COMMANDER for Lack of Ownership Link — Plaintiff's Claim Against Charterer Does Not Justify Arrest of Vessel Owned by Third Party. The court held that the plaintiff's misleading statements regarding ownership of the vessel vitiated the ex parte arrest order, and the vessel could not be arrested for a claim against a bareboat charterer when the owner was a different entity.

17 Apr 2013

The plaintiff, Yusuf Abdul Gani, sole proprietor of Jumbo Offshore Enterprises, filed an admiralty suit against the vessel GEOWAVE COMMANDER (GC) seek...

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

High Court of Bombay Dismisses Applications to Vacate Arrest of Vessels in Bunker Supply Disputes Involving Insolvent Intermediary. Maritime Claim for Bunkers Supplied to Vessel Held Enforceable In Rem Despite Lack of Privity Between Supplier and Owner.

15 Apr 2015

The High Court of Bombay heard two notices of motion filed by the defendants in two admiralty suits seeking to vacate the arrest of their vessels. The...

High Court

Bombay High Court Dismisses Appeal Against Vacation of Vessel Arrest in Maritime Claim for Necessaries and Hire. Court holds that under the Admiralty Act, 2017, a demise charterer is not the owner for the purpose of arrest, and a claim for necessaries does not give rise to an action in rem against a vessel owned by a third party.

10 May 2013

The appellant, Sunil B. Naik, filed an appeal against the order of the learned Single Judge dated 17 April 2013 vacating the arrest of the vessel Geow...

High Court

Bombay High Court Sets Aside Arrest of Vessel in Admiralty Suit for Lack of Maritime Claim — Charterer's Claim for Sub-Charterer's Expenses Not a Maritime Lien. The court held that a claim for damages arising from a sub-charterer's expenses due to arrest of the chartered vessel by a third party does not constitute a maritime claim under the Admiralty Act, 2017, and the vessel cannot be arrested for such a claim.

6 Jun 2016

The case involves a Notice of Motion filed by the Applicant, the owner of the vessel M.V. AODABAO (Defendant No. 1), seeking to vacate the order of ar...

High Court

Bombay High Court Dismisses Application for Release of Arrested Cargo in Admiralty Suit for Demurrage Claim. Demurrage Claim Under Voyage Charterparty is a Claim in Respect of Goods Under Section 4(1)(f) of Admiralty Act, 2017, and Arrest of Cargo is Permissible Even if Not on Board.

1 Sep 2017

The Plaintiff, Pacific Gulf Shipping (Singapore) Pte. Ltd., a Singapore-based company engaged in vessel chartering, filed an admiralty suit against De...

High Court

Bombay High Court Dismisses Admiralty Suits as Time-Barred Under Limitation Act. Claims for Loss of Vessel and Cargo Filed Beyond Three-Year Limitation Period from Date of Vessel's Sinking.

17 Sep 2018

The judgment concerns two admiralty suits filed in the Bombay High Court. Admiralty Suit No.3 of 2011 was filed by the time charterer of the vessel 'N...

High Court

Bombay High Court Allows Revenue's Appeal in Slot Chartering Income Tax Case — Slot Chartering Income Not Exempt Under India-UK Tax Treaty. Income from slot chartering is taxable under Section 44B of the Income Tax Act, 1961, as it does not constitute 'operations of ships' under Article 9 of the India-UK Double Taxation Avoidance Agreement.

6 Aug 2012

The case involves two appeals by the Director of Income Tax (International Taxation) against a common order of the Income Tax Appellate Tribunal (ITAT...

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