Rectification of mistake remains limited to self-evident record errors, preventing merits review through miscellaneous applications and preserving fin...
Tender creditworthiness conditions may extend to de facto Promoter Directors, with post-participation challenges generally barred absent arbitrariness...
Corporate representation in PMLA summons proceedings permitted through an authorised signatory, subject to directors' continuing cooperation and atten...
Helicopter charter classification requires effective control analysis, while territorial performance, reasoned credit orders and wilful suppression de...
Specified fund definition expands PAN exemption eligibility for registered alternative investment funds and qualifying International Financial Service...
Tax exemption for specified legal-services authority income applies retrospectively, subject to non-commercial activity, unchanged income sources, and...
HC granted conditional leave to defend the suit to the Defendant on the issue of wrongful detention charges. The key question was whether a detention-cum-demurrage waiver Certificate u/s05.08.2019 by Customs Authority would bind the Defendant. Defendant claimed to be an agent of the principal shipping line, acting as a carrier. Plaintiff exceeded free detention period due to Customs hold. Defendant sought detention charges for the extra period. The Bill of Lading and contract were until the end of free detention period. Plaintiff saved goods, received waiver Certificate. HC found Defendant's defense arguable, quashed the direction to deposit Rs. 18 lakhs. Petition allowed.
HC granted conditional leave to defend the suit to the Defendant on the issue of wrongful detention charges. The key question was whether a detention-cum-demurrage waiver Certificate u/s05.08.2019 by Customs Authority would bind the Defendant. Defendant claimed to be an agent of the principal shipping line, acting as a carrier. Plaintiff exceeded free detention period due to Customs hold. Defendant sought detention charges for the extra period. The Bill of Lading and contract were until the end of free detention period. Plaintiff saved goods, received waiver Certificate. HC found Defendant's defense arguable, quashed the direction to deposit Rs. 18 lakhs. Petition allowed.
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