Judgment Search Results Home > Cases Phrase: admiralty offences colonial act 1849 section 5 interpretation of colony Page 1 of about 8 results (0.077 seconds)

Emperor Vs. Punja Guni

Court : Mumbai

Reported in : (1918)20BOMLR98

..... we have been referred to the admiralty offences (colonial) act of 1849, 12 & 13 vic, c. ..... have no doubt that the word ' sea ' as used in this statute means that portion of the sea over which the admiral has jurisdiction, for two reasons : firstly, the act is described as an act to provide for the prosecution and trial in her majesty's colonies of offences committed within the jurisdiction of the admiral. ..... and seeing that the accused is a subject of the junaghad state and that the ship on which the alleged offence is said to have been committed belongs to a subject of that state and has not been registered as a british ship, we thought it proper to give notice to the junaghad ..... is intended to extend such jurisdiction to colonial courts, then it is quite impossible to suppose that this statute gave to colonial courts jurisdiction in the matter of offences committed on, non-british ships on the high seas outside ..... a subject of the state of junaghad in kathiawar was arrested in bombay and accused of committing a serious offence on a ship belonging to a junaghad subject on the high seas some eighteen miles or thereabouts from the coast of ..... british ship is defined in section 1 of the same act and indubitably the ship in this case cannot be a british ship unless the owner of that ship comes tinder the head ' natural born british subject' for he does not come-under any of ..... the pertinent section there is 686 which tells us that if the ship were a british ship, no doubt british courts would .....

Gaurav Kumar Bansal Vs. Union of India and ors.

Court : Supreme Court of India

..... further stated by the petitioner that the admiralty offences (colonial) act, 1849 provided for prosecution for offences at sea. ..... suppression of unlawful acts against safety of maritime, navigation and fixed platform on continental shell act (hereinafter referred to as sua act) 2002 has been enacted by indian parliament and contains provisions for dealing with the illegal activities which endanger the safety of maritime navigation and the safety of persons and property on ..... was decided by the government to prepare a comprehensive domestic legislation on piracy in line with the unclos definition of piracy at the earliest so as to ensure effective prosecution of the pirates and to act as a deterrent to pirates. ..... respectfully submitted that india is a signatory to the united nations convention of the law of sea, 1982 (hereinafter referred to as the unclos ) which defines piracy and pirate acts (article 101). ..... was decided by the government to prepare a comprehensive domestic legislation on piracy in line with the unclos definition of piracy at the earliest so as to ensure effective prosecution of the pirates and to act as a deterrent to pirates. ..... a signatory to the united nations convention of the law of sea (unclos), 1982, which defines piracy and pirates acts (article 101). ..... been further stated in the above affidavit that government of india has put in place an institutional structure for crisis management to ensure advance preparedness and quick response to counter such unlawful acts. .....

C. J. Hendry Co. Vs. Moore

Court : US Supreme Court

..... " the considerations of policy which underlay this interpretation of the judiciary act were attributed to justice story: "the admiralty jurisdiction," says mr. ..... " but it is unlikely that, in selecting this phrase as the means of marking the boundary of the jurisdiction of state courts over matters which might otherwise be within the exclusive jurisdiction of admiralty, the draftsmen of 9 intended to withdraw from the state courts a jurisdiction and remedy in forfeiture cases which had been so generally applied by nonadmiralty courts both in england and america, and which had become a recognized part of ..... but cases of forfeiture were also regularly prosecuted before the common law courts of the colony -- in the general quarter sessions of the peace in new york city during the 1680s, [ footnote 5 ] and, after the reorganization of the judiciary in 1691, in the supreme court of judicature, [ footnote 6 ] which was given jurisdiction "of all ..... 22, 2) provided that forfeitures of ships and goods might be enforced "in any of his majesty's courts of record at westminster, or in any court in his majesty's plantations, where such offence shall be committed. ..... [ footnote 17 ] section 9 of the judiciary act of 1789, 1 stat. ..... section 371 (third) of 28 u.s.c. ..... section 845 of the california fish and game code declares that a net used in violation of the provisions of the code is a public nuisance, and makes it the duty of any arresting officer to seize the net and report .....

Jayaswal Shipping Company Vs. the Owners and Parties Interested in Ste ...

Court : Kolkata

Reported in : AIR1954Cal415,58CWN468

..... at present there are at least three different and separate courts of admiralty, namely, the bombay high court, the madras high court, and the calcutta high court each exercising admiralty jurisdiction under its respective charters and letters patent, the proper meaning to be attributed to the words 'domiciled in england or wales' in section 5 of the admiralty court act, 1861, read with section 2(2) of the colonial courts of admiralty act, 1890 and the interpretation act of 1889 should be such as not to create any conflict between ..... in support of this argument, it is said that section 18(2) of the interpretation act of 1889 read with proviso (a) to section 2 of the colonial courts of admiralty act, 1890 does not stand in the way because section 18 of the interpretation act uses the well known words 'unless the contrary intention appears'. ..... 'by section 18(2) of the interpretation act, 1889 (52 & 53 victoria, chapter lxiii) the words 'british possession' as mentioned in the proviso (a) of the colonial courts of admiralty act, 1890 mean 'any part of her majesty's dominions exclusive of the united kingdom, and where parts of such dominions are under both a central and local legislature, all parts under the central legislature shall ..... the crux of the problem of interpretation presented in this case before me arises, however, on the language of proviso (a) to section 2 of the colonial courts of admiralty act, 1890. .....

Owners of Ship Tiong Yung Vs. Shaw Wallace and Co. Ltd. and anr.

Court : Andhra Pradesh

Reported in : AIR1988AP331

..... provided that where the income-tax officer is satisfied that it is not possible for the master of the ship to furnish the return required by this sub-section before the departure of the ship from the port and provided the master of the ship bias made satisfactory arrangements for the f ding of the return and payment ..... mentioned in paras (d) to (r) of sub-section (1) of section 1 of this act, being a claim arising in connection with a ship, where the person who would be liable on the claim in an action in personam was, when the cause of action arose, the owner or charterer of, or in possession or in control of, the ship, the admiralty jurisdiction of the high court and (where there is such jurisdiction) the admiralty jurisdiction of the liverpool court of passage.....may ( ..... act to be a court of admiralty, or which, if no such declaration is in force in the possession, has therein original unlimited civil jurisdiction, shall be a court of admiralty, with the jurisdiction in this act mentioned, and may for the purpose of that jurisdiction, exercise of the powers which it possessed for the purpose of its other civil jurisdiction and such court in reference to the jurisdiction conferred by this act is in this act referred to as a colonial court of admiralty ..... admiralty law in india is in need of immediate legislative spring cleaning, so that her citizen of today may be spared in future from the, task of solving such problem of indianising english geography by having to interpret ..... offences .....

Hari And Company Vs. St. Antony's Traders And Anr.

Court : Chennai

..... hanoekar house, swatontapeth, vasco-de-gama, goa], learned counsel for appellant would contend that when maritime claim is not defined in the statutes, a liberal interpretation has to be given to the maritime lien and while so, the learned single judge erroneously held that the suit is based on supply of necessaries ..... followed in admiralty jurisdiction of this court are governed by colonial courts of admiralty act, 1890, colonial courts of admiralty (india) act, 1891, international convention for unification of certain rules relating to maritime liens and mortgages at brussels, 1926, brussels arrest (of seagoing ships) convention, 1952, merchant shipping act, ..... a preliminary objection that the plaintiff's suit against a foreign ship owned by a foreign company not having a place of residence or business in india was not liable to be proceeded against on the admiralty side of the high court by an action in rem in respect of a cause of action alleged to have arisen by reason of a tort or a breach of obligation arising from the ..... shipping act, 1958 [section 3(15)] attracts the jurisdiction of the competent court to proceed with the trial, as in the case of any other suit, as an action against the owner, and any decree obtained by the plaintiff is executable against any property of the owner available within jurisdiction, including the security furnished by him for release of the vessel.17. the history of admiralty ..... admiralty courts in england, in respect of the .....

Waring Vs. Clarke

Court : US Supreme Court

..... 21, 1774, to the people of great britain, and among other grievances says "it was ordained that whenever offenses should be committed in the colonies against particular acts imposing duties and restrictions upon trade, the prosecutor might bring his action for the penalties in the courts of admiralty, by which means the subject lost the advantage of being tried by an honest, uninfluenced jury of the vicinage and was subjected to ..... the constitution, and the lawyers in america in that day, were familiar with a different and more extensive jurisdiction in most of the states when they were colonies than was allowed in england from the interpretation which was given by the common law courts to the restraining statutes of richard ii and henry iv ..... of such a practice -- after two specific amendments to the constitution to secure the trial by jury in cases before doubtful -- and after three clauses in the judiciary act expressly allowing it in all proper cases -- who can believe that they intended in the ninth section of that very act to use language which ought to be construed so as to deprive them entirely of a jury trial in that very class of cases where the refusal of it ..... united states for east louisiana syllabus the grant in the constitution extending the judicial power "to all cases of admiralty and maritime jurisdiction" is neither to be limited to nor to be interpreted by what were cases of admiralty jurisdiction in england when the constitution was adopted by the states of the union. .....

Best Food International Pvt. Ltd. a Company Incorporated Under the Com ...

Court : Mumbai

..... elisabeth (supra) holds that the powers of indian courts exercising admiralty and vice admiralty jurisdiction are not restricted and limited by the colonial acts. ..... further the section was interpreted as providing additional remedy for breach of contract (the 'ironsides', 167 english reports 205) ..... any claim in the nature of salvage (including any claim arising by virtue of the application by or under section 51 of the civil aviation act, 1949, of the law relating to salvage to aircraft and their apparel and cargo....seem to me to refer to a claim for a salvage reward ..... section 35 of 1861 act provided that the jurisdiction by the high court of admiralty could be exercised either by proceedings in rem or proceedings in ..... application of the 1999 convention in the process of interpretive changes, however, would be subject to: (1) domestic law which may be enacted by parliament; and (2) it should be applied only for enforcement of a contract involving public law character ..... while reliance is placed on sections 30 and 31 of the sale of goods act, 1930, what is of importance is to note that the sale of goods act, 1930 by chapter v confers certain rights of unpaid seller against the ..... the reference to section 51 of the civil aviation act, 1949, gives emphasis to this ..... section 6 of the act was construed liberally so as to confer jurisdiction and the expression 'carried into any port was' was expanded to mean not only when the goods were actually carried but even if they were to be carried (' .....

Scott Vs. Sandford

Court : US Supreme Court

..... and while the practical construction for a period of upwards of fifty years forbids such an exception, it would, in my opinion, violate every sound rule of interpretation to force that exception into the constitution upon the strength of abstract political reasoning, which we are bound to believe the people of the united states ..... the persons at that post were governed by the rules and articles of war, and such laws of the united states, including the eighth section of the act of march 6, 1820, prohibiting slavery, as were applicable to their condition; but after the erection of the territory, and the extension ..... famous in the ante-revolutionary history, thus states the argument made by the american loyalists in favor of the claim of the british parliament to legislate in all cases whatever over the colonies: "it has been urged with great vehemence against us," he says, "and it seems to be thought their fort by our adversaries that a power of regulation is a power ..... slaves, proceeds in the following words: "and to punish such free negroes and mulattoes by penalties not exceeding twenty dollars for any one offence; and in case of the inability of any such free negro or mulatto, to pay any such penalty and cost thereon, to cause him ..... the court in question, and they conclude that part of the opinion in the following words: "although admiralty jurisdiction can be exercised in the states in those courts only which are established in pursuance of the third article of the constitution, .....

Rushab Ship International Llc Vs. the Bunkers Onboard the Ship M.V. Af ...

Court : Mumbai

..... what the supreme court held in that case was: (i) what the colonial courts of admiralty act, 1890 did was not to incorporate any particular english statute (say, the admiralty courts act, 1861) into indian law for the purpose of conferring admiralty jurisdiction, but to assimilate the competent courts in india to the position of the english high court in exercise of admiralty jurisdiction; (ii) any expansion of the admiralty jurisdiction of the high court in england was intended likewise to expand ..... it is also submitted on behalf of defendant no.3 that the plaintiff's advocates who have been in correspondence with defendant no.5's advocates, accepted defendant no.3's interpretation of the fixture note /email dated 29th december 2012, that if the fixture note is accepted then at the highest only bunkers of us$69,032/- have ..... the court observed that the claim of the plaintiff to a maritime lien rested upon the first section of the merchant shipping act, 1889 and his case was that these were disbursements and liabilities properly incurred by him on account of the ship, inasmuch as they were incurred for the purpose of procuring coals which ..... the victor (supra) and (ii) the flora(supra), clearly imply that freight can be brought in only if there is an offence (breach of contract/tort) committed by the vessel thereby giving an entitlement to proceed against her. ..... freight can be brought in only if there is an offence (breach of contract/tort) committed by the vessel and an entitlement .....