Court : Mumbai
Decided on : Aug-14-2011
1. The appellant (the Plaintiff in the Suit) has challenged the order of the learned Single Judge of this Court dated 12 July 2011 raising the arrest of the respondent-ship, Tongli Yantai in the Notice of Motion taken out by the respondent for such relief. The respondent has filed cross- objections inter alia with regard to the issue of jurisdiction, the parties to the Suit, the maritime claim made for arrest of the ship by way of security of an arbitral award as an action in rem and the interpretation and applicability of the Geneva Convention of 1999 relied upon by the appellant. 2. The appellant's claim arose from an agreement entered into by the appellant with one Tongli Shipping Company Ltd. Samoa (hereinafter referred to as "Tongli Samoa") under a charterparty agreement with the appellant in respect of a ship, Nasco Diamond. The appellant had chartered the ship from one Da Sin Co. Ltd. (hereafter referred to as "Da Sin"). The ship sank. Da Sin raised the claim upon the appellant ...
Tag this Judgment!Court : Mumbai
Decided on : Jan-24-2011
1. I have gone through the judgment prepared by my esteemed Brother, Hon. Bhangale, J., but for the reasons which I shall shortly indicate, I am unable to agree with his erudite opinion on the points in issue. Consequently, I do not also agree with the proposed final decision as, in my opinion, the present writ petition ought to succeed.2. The principal question which arises for our consideration in this case is: whether naming any person as suspect in the police report/charge-sheet filed under Section 173(2) and more so under Section 173(8) of the Criminal Procedure Code (hereinafter referred to as the 'Cr.P.C.' or 'Code') is just, fair, proper and is in consonance with the procedure established by law? The incidental question is: whether on account of naming of any person as suspect in the police report/charge-sheet, it has the inevitable effect of sullying the reputation of that person irrespective of the nature of pending criminal action?3. The broad facts which have given rise to ...
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