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M/s N.n. Global Mercantile Private Limited Vs. M/s Indo Unique Flame L ...

Court : Supreme Court of India

Subject : Arbitration

vessel, or any part, interest, share or property of or in any ship or vessel registered under the Merchant Shipping Act 1894, Act No.57 & 58 Vict. c. 60 or under Act XIX of 1838 Act No.or the … to the delay in the arbitration process and that negates the benefit of arbitration. The Arbitration & Conciliation (Amendment) Act, 2015 (hereinafter being referred to as the 2015 Amendment) was introduced to emphasize the speedy disposal of cases … Arbitration and Conciliation Act 1996’ (246th Report, August 2014) Available at (https://cdnbbsr.s3waas.gov.in/s3ca0daec69b5adc880fb464895726dbdf/uploads/2022/0 8/2022081615.pdf) Page 9 of 78 … permanently. Equally, under Section 36 in the case of an instrument (not secondary evidence of the instrument) which is allowed to be let in evidence … Act has been elaborately 99 considered in M.R. Engineers & Contractors Private Limited v. Som Datt Builders Limited31.78. Section 3(a) of the Stamp Act, no doubt, contemplates that every instrument mentioned in the Schedule, which, not having been

Hanwha General Insurance Co. Ltd. Vs. m.v. ELENI (IMO No.9460277)

Court : Mumbai

Subject : Land Acquisition

2014 is silent in that regard. 22. Submissions were also made on the applicability of Part XA of the Merchant Shipping Act, 1958 (MS Act) to this suit. The plaintiff's counsel contended that it was applicable, whereas the defendant's … infact included it in its domestic law Merchant Shipping Act, 1958, as amended, not the entire provisions of one such convention as explained later, but … Article 13 of the Convention has not been incorporated into the domestic legislation in its entirety. Only the second part of Article 13(2) [the mandatory provisions] and Article 13(3) is incorporated with some changes. 29. The English … are instituted in respect of claims subject to limitation as provided in Section 352C (1). c) Article 13 of the Convention has not been incorporated

M/S Atlantic Inter-trade Limited with Re Vs. Canara Bank, Industrial F ...

Court : Andhra Pradesh

Subject : Land Acquisition

the case concerned a cargo claim which Lennards sought to defend by contending that Section 502 of the Merchant Shipping Act 2894 exonerated the owner from losses arising without his actual fault. The House of Lords held that … amount of Bank Guarantee as they were not the openers of the Second LC as per clause 7 of the Bank Guarantee and the opener … company a substantial interest in Euro-National Corp. Ltd., a New Zealand listed company. Under the New Zealand Securities Amendment Act 1988, Meridian was required to give notice of its acquisition to ENC and the Stock exchange. The two … THE HONBLE SRI JUSTICE A.V.SESHA SAI W.P.No.22344 of 2006 31-10-2014 M/s Atlantic Inter-trade Limited with regd. office at 336 Pertwick Road, Wardford

N.Iqbal S/O N Mehaboob Saheb vs Mr Adoni Syed Fakruddin Saheb

Court : Karnataka Dharwad

BY HIS LEGAL LRS, 1(a). A. SYED HAROON S/O A. SYED FAKRUDDIN SAHEB AGED ABOUT 63 YEARS, RADIO MERCHANT SINCE DEAD BY HIS LEGAL LRS, 1(a)i. A. RAZIYA, W/O. A. SYED HAROON SAB, AGED ABOUT 55 YEARS, … DAY OF DECEMBER, 2024 BEFORE THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR REGULAR SECOND APPEAL NO.5164 OF 2010 (PAR) BETWEEN:1. N.M. IQBALS/ O N. MEHABOOB SAHEB, … IA No.III under orderVI Rule 17 r/w Section 151 of CPC for amendment of written statement and it is allowed. Thus, defendant No.1 has taken … Saheb was councilor of the Bellary Municipal Corporation at that time and was a businessman dealing with oilmerchant ship. The defendants have also not disputed that their father was in possession over the property though the mortgage … obligation asper Section 83 of Transfer of Property Act, 1882 (hereinafter referred to as ‘the TP Act’). … MALLIKARJUN RUDRAYYA S/O N.M. IQBAL, KALMATH AGED ABOUT 34 YEARS, Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location:

Mukesh versus the State of Madhya Pradesh & Anr

Court : Supreme Court of India

Subject : Land Acquisition

Reported in : [2024]12S.C.R.1210

or vessel, or any part, interest, share or property of or in any ship or vessel registered under the Merchant Shipping Act, 1894 or under Act 19 of 1838, or the Indian Registration of Ships Act, 1841 as amended … It has been held that:- (SCC p.673, paras 7-8) “7. In the Second Appeal, the relief of ownership by adverse possession is again denied holding … registered if they have been executed on or after the commencement of the Registration and Other Related laws (Amendment) Act, 2001 (48 of 2001) and if such documents are not registered on or after such commencement, then, they … chargeable with stamp duty unless they fall under specific categories of instruments enumerated in Schedule I read with section 3 of the Indian Stamp Act, 1899. In the present case, the consent decree in favor of the appellant … Sahib Vs. Gram Panchayat Village Sirthala reported in 2014(3) MPLJ 36 has settled that declaratory decree based

Armada (Singapore) Pte.Ltd.) and Another Vs. Ashapura Minechem Ltd. an ...

Court : Mumbai

Subject : Arbitration

refused to grant permission for chartering of foreign flag vessel under the COA as per the provisions of the Merchant Shipping Act. He submits that for such rejection of permission for chartering of foreign flag vessel, the respondent was … of 2010 and 1360 of 2010 respectively. Notices of Motion No.657 of 2014 and 656 of 2014 are filed by the petitioner inter alia praying … under Section 15(1) of the Sick Industrial Companies (Special Provisions) Act, 1985 (SICA) and submitted the same on 2nd June 2011, the BIFR has already declared the respondent as a sick industrial company under Section 3(1)(o) of … By a Contract of affreightment dated 12th April 2008 based on an amended Gencon Form with additional clauses, the petitioner as owner or disponent owner

Shipping Corpn. of India Vs. Monica India and Ors.

Court : Delhi

Subject : Miscellaneous

Lading reads as follows:“18. Delivery of goods in containersIf receipt of Goods in containers is not taken by the Merchant within 48 hours after discharge from the vessel (or after the arrival of the Goods at the place … HIGH COURT OF DELHI AT NEW DELHI Date of Reserve:24. 02.2015 Date of Decision:18.03 2015 + CS(OS) 1397/2000 SHIPPING CORPN. OF INDIA ..... Plaintiff Through Mr.Shantanu Sagar, Advocate. versus MONICA INDIA AND ORS. ..... Defendants Through Mr.R.K.Sonkiya, … in Union of India & Ors. vs. Sanjeev Woolen Mills (supra). The second argument is relying on Clause 18 of the Bill of Lading and … Hon‟ble Supreme Court passed order dated 26th November, 2014 for disposal of the suit within three months, … said containers as follows:Details As per IPBC Tarrif of 91 As per Amended IPBC Tarrif of 95 USD850 per day For the 1st 7 days … goods was only on account of the illegal acts of the defendant no.6. It is further urged … have stated that the suit is barred under Section 155 of the Customs Act. They have relied … Taiwan under Bill of Lading No.ICD- KEBM-4(A) dated 31.12.1990 in six containers, each of 20 feet in

Thyssen Krupp Materials Ag vs.the Steel Authority of India

Court : Delhi

Subject : Arbitration

and consequently, inserted an addendum/amendment to the agreement for the supply of second lot on 12.05.1994 (hereafter “the amendment”). Thyssen‟s officers and experts made regular … terms of the contract must be agreed to before a concluded contract can come into existence. Furthermore, no shipping date was agreed to between the parties nor was the size finalized. SAIL stated that it was merely … Mulla, The Sale of Goods Act, (9th ed. 2014), p. 419: “..(In f.o.b. contracts) Although the place … SAIL did not answer to the description and specifications agreed to by the parties nor was it of merchantable quality. The CRC was incapable of being used for the purpose which “prime cold rolled mild steel sheet” … arbitral award; therefore, this appeal under Section 39 of the (old) Arbitration Act 1940 (“the Act”), read with Section 10 of the Delhi High Court … the arbitral award; therefore, this appeal under Section 39 of the (old) Arbitration Act 1940 (“the Act”),

N. Ponnappan Vs. The Assistant Commissioner Customs Tuticorin Customs ...

Court : Chennai Madurai

Subject : Land Acquisition

is not a party to the aforesaid four Original Bills of Lading, which is the essential document in shipping to prove their ownership/title. Therefore, the Petitioner has not right to claim any title over the cargo mentioned … to pass order to deliver the cargoes, which are kept in the Second Respondent/warehouse Corporation in Bill of Lading No.(1) COSU6095467990-14.4.2016-4 Containers - 64.500MT - … of their concern Best cashew Traders Kollam, till then there was no amendment in the name of Third Respondent. The grievance of the Petitioner is … recognised by the common law as a document of title to goods by reason of the custom of merchants established in Lickbarrow v. Mason ((1787) 2 T.R. 63, 69). 9.14. Besides the above, the Learned Senior counsel … as mentioned in the Indian Bill of Lading Act. 4.2. In the instant case all the original … which is permissible under the Customs Law in Section 30(3) r/w Levy of Fees (Customs Documents) Regulations,

V.M. Salgaocar and Bros. Ltd. Vs. M.V. Priyamvada and Another

Court : Mumbai

Subject : Land Acquisition

alternative are seeking to limit their liability to a sum of Rs.58,43,811.20/- under Sections 350 and 352(B) of the Merchant Shipping Act 1958. Both the plaintiffs and the defendants have proceeded on the basis that this court has jurisdiction. … uphold the contention that the lower courts were wrong in allowing the amendment and ignoring Section 21 of the Code is spelt out in paragraph-28 … Mumbai and Ors (Writ Petition (Log.) No.2383 of 2014 decided on 7.10.2014). 6 Mr.Vernekar appearing for the … any other law relating to Co-operative Societies for the time being in force in any state. 16. Under Section 3 (55) of the said Act, Vessel includes any Ship, boat, sailing Vessel, or other description of Vessel used … owned by the plaintiffs and the 1st defendant vessel owned by the 2nd defendant. It is the case of the plaintiffs that the collision was