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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 … India, ‘Amendments to the 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 even “validity” of the … 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 … endorsed upon it within the meaning of Section 42(2) signals that the instrument 29 AIR1988Karnataka 51 94

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 … convention as explained later, but most of it. 4. On 19th November 2013, the owners of m.v. … 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 … respect of which conflict of facts may possibly arise related to the due publication of the notification under Section 4 by the Collector.16. In the present case, in our judgment, the High Court was not justified in dismissing

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’). … YEARS, 1(b). N.M.KHAISAR, S/O N.M. IQBAL, AGED ABOUT 40 YEARS, 1(c). N.M. KHALEED, MALLIKARJUN RUDRAYYA S/O N.M.

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 … SCC 729; Khushi Ram v. Nawal Singh [2021] 4 SCR 1019 : (2021) 16 SCC 279; Ripudaman … the matter of Gurudwara Sahib Vs. Gram Panchayat Village Sirthala reported in 2014(3) MPLJ 36 has settled that declaratory decree based on plea of adverse … Collector of Stamps; Documents of title; Exception of Section 17(2)(vi) of the Registration Act, 1908; Long and

Jaldhi Overseas Pte Ltd. Vs. Bhushan Power and Steel Limited

Court : Kolkata

Subject : MRTP

world and their due administration by courts of law in different countries and will jeopardise international commerce, law merchant and administration of justice. It is precisely to provide facilities of receiving affidavits, documents, protests of bills of … person who was executing it was the proper person. This makes the second power of attorney valid and effective both under Section 85 of the … at Singapore. However, the endorsement dated 12th November, 2014, merely reads as follows: “Seen in the Consular … again is a relic of the past. The fourth difficulty which the office of High Court felt was section 4 of the Indian Oaths Act, 1873 which inter alia provides that the authority to administer oaths and affirmations … the commanding officer of any military, naval, or air force station or ship occupied by the Armed Forces of the Union, provided that the oath … in 1995, the Notaries Public Act was significantly amended in that the power of appointing a notary

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 … 2010 are filed by the petitioner under Sections 47, 48 and 49 of the Arbitration and Conciliation

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, … ..... Defendants Through Mr.R.K.Sonkiya, Advocate for D-1 to 4. CORAM: HON'BLE MR. JUSTICE JAYANT NATH JAYANT NATH, … 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

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 … that was received from FAO (OS) 150/2002 Page 4 of 51 Mr. Ramachandran prescribing specifications of the … 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

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 … Municipal Corporation of Greater Mumbai and Ors (Writ Petition (Log.) No.2383 of 2014 decided on 7.10.2014). 6 Mr.Vernekar appearing for the plaintiffs, in short, stated … Court for being entertained, heard and disposed of. 4. While disposing the said Chamber summons, this court … port of Marmagoa, Goa between m.v.Sanjeevani 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 entirely due to the negligence and