Judgment Search Results Home > Cases Phrase: colonial courts of admiralty act 1890 Page 1 of about 97 results (0.029 seconds)

Sahida Ismail Vs. Petko R. Salvejkov and ors.

Court : Mumbai

Reported in : AIR1973Bom18; (1972)74BOMLR514; 1972MhLJ798

..... legislature enacted, the colonial courts of admiralty (india) act (act no. ..... by the court in its admiralty jurisdiction in the same as was the jurisdiction exercised by the high court of admiralty in england either under any statute or otherwise in the year 1890; that in that year the british parliament passed the colonial courts of admiralty act 1890 providing therein that the legislature in india may declare certain courts to be colonial courts of admiralty; that the said act further provided that the courts so declared to be courts of admiralty - shall have the admiralty jurisdiction declared under the said act: that in exercise of the powers conferred by the colonial courts of admiralty act, 1890 the indian .....

Dimitrios Paizis and ors. Vs. Motor Vessel nicos and ors.

Court : Mumbai

Reported in : AIR1983Bom178; (1983)85BOMLR250

..... 2 (2) of the colonial court of admiralty act 1890 is to limit the jurisdiction of the colonial court of admiralty jurisdiction of the high court of england as it existed at the passing of the act and that the extension of the admiralty jurisdiction of the high court by the administration of justice act, 1920, repealed and re-enacted by the supreme court of judicature (consolidation) act 1925, does not apply to colonial court of admiralty.22. ..... 2 (2) of the colonial court of admiralty act, 1890 which reads as under:--'the jurisdiction of a colonial court of admiralty shall, subject to the provisions of this act, be over the like places, persons, matters and things, as the admiralty jurisdiction of the high court in england, whether existing by virtue of any statute or otherwise, and the colonial court of admiralty may exercise such jurisdiction in like manner and to as full an extent as the high court in england, and shall have the same regard as that court to international law and the comity of nations'.13. ..... i, at page 139, para 346, which pertains to the jurisdiction of the colonial court of admiralty, and read thus:--'within the limitations, if any, laid down by the colonial legislatures, or the orders conferring jurisdiction, the colonial court of admiralty have the same jurisdiction and powers as were exercised in admiralty by the high court in england at the passing of the colonial court of admiralty act 1890'. .....

M.V. Al Quamar Vs. Tsavliris Salvage (international) Ltd. and ors.

Court : Supreme Court of India

Reported in : AIR2000SC2826; JT2000(9)SC184; 2000(5)SCALE618; (2000)8SCC278; [2000]Supp2SCR440

..... the three erstwhile presidency high courts (in common and popular parlance chartered high courts) namely, calcutta, bombay and madras were having the letters patent for the conferment of the ordinary original civil jurisdiction and by reason of the provisions contained therein read with the admiralty court act, 1861 and subsequent enactment of colonial courts of admiralty act, 1890 and colonial courts of admiralty (india) act, 1891, the admiralty jurisdiction on the three high courts noticed above can be fairly traced. ..... this court in paragraph 26 of the report observed:assuming that the admiralty powers of the high courts in india are limited to what had been derived from the colonial courts of admiralty act, 1890, that act, having equated certain indian high courts to the high court of england in regard to admiralty jurisdiction, must be considered to have conferred on the former all such powers which the latter enjoyed in 1890 and thereafter during the period preceding the indian independence act, 1947. ..... by and under the provisions of colonial courts of admiralty act 1890, the high courts of these three presidency towns were conferred with the same jurisdiction as was vested in the high court of england and the high courts were declared to be otherwise competent to regulate their procedure and practice as would be deemed necessary corresponding to the indian perspective in exercise of the admiralty jurisdiction by way of rules framed in that regard. .....

M.V. Asean Jade Vs. Jaisu Shipping Com. Pvt. Ltd. and ors.

Court : Gujarat

Reported in : AIR2000Guj241

..... also pointed out the rule 52 contained in part iii of the bombay high court (original side), 1957 and the admiralty jurisdiction rules for regulating the procedure and practice in cases brought before the high court under the colonial courts of admiralty act, 1890 (53-54 victoria chapter 27) and also rule 367 of the rules of high court of bombay (original side), 1957.10.2. ..... to apply -- the other proceedings in suits brought in the court in the exercise of its jurisdiction under the colonial courts of admiralty act, 1890 not provided for by these rules shall be regulated by the rules an practice of the court in suits brought in it in the exercise of its ordinary original civil ..... article 3(1) of the brussels convention, 1952 and also rule 52 of the colonial courts of admiralty act, 1890 (53-54 victoria chapter 27), bombay high court original side rules, 1957 and also rule 367 of the rules of the high court of bombay (original side), 1957. ..... upon rule 52 contained in part iii of the bombay high court (original side) rules, 1957 and the admiralty jurisdiction rules for regulating the procedure and practice in cases brought before the high court under the colonial courts of admiralty act, 1890 (53-54 victoria chapter 27). ..... which has been exercised in the present proceedings is under article 215 of the constitution of india, as superior courts of record having inherent and plenary jurisdiction including admiralty jurisdiction and not under the colonial court of admiralty act, 1890.5.15. .....

Transworld Shipping Service India Pvt. Ltd. Vs. Harwan Investment and ...

Court : Andhra Pradesh

Reported in : AIR1989AP255

..... leave of the learned single judge who tried the suit and, therefore, is not maintainable in the absence of leave in view of the rule 59 of the rules for regulating the procedure incases brought before the high court of judicature at madras under the colonial courts of admiralty act, 1890 applicable to this court. ..... 25075 of 1987 were conducted in the supreme court by the petitioner-appellant, the petitioner-appellant had full knowledge of the appeal and the decree passed by this court dated 20th march, 1987; and it is not correct on the part of the petitioner-appellant to say that they came to know of the decree only on the receipt of the letter dated 1-6-1988 from the counsel for ..... the appellant learnt of the decree only when a letter dated 1-6-1988 was received from the advocate of the respondent-plaintiff calling upon the appellant to pay the amounts as decreed by this court by its judgment dated 20th march, 1987. ..... the 3rd defendant filed the appeal in this court on 28th july, 1988. ..... the supreme court thereby further ordered that the respondent-plaintiff is permitted to execute the said decree against the appellant (3rd defendant). 4 ..... the supreme court passed an order dated 30-11-1987 in the said ..... affidavit that against the judgment of the learned single judge, no appeal has been filed by the petitioner-appellant (3rd defendant), but an appeal was filed by the defendants i and 2 which stood transferred to the supreme court in view of the earlier order of the supreme court in s.l.p. .....

Smt. Reena Padhi and Ors. Vs. Owners and parties, Interested, in the m ...

Court : Orissa

Reported in : AIR1982Ori57

..... . as regards admiralty, what was transferred from calcutta high court to patna high court was the admiralty jurisdiction of the former high court conferred on it under the charter of 1774 continued under the letters patent of 1862 and 1865 and the iurisdiction conferred by the colonial court of admiralty act, 1890 ..... thus, the admiralty jurisdiction of the calcutta high court commenced with the charter of 1774 and without extension or expansion continued bv the letters patent of 1862 and 1865, it was finally 'extended and improved' by the colonial courts and admiralty act, 1890 and the colonial courts of admiralty (india) act, 1891 and it was the same as the admiralty jurisdiction of the high court in england in 1890. ..... this expanded jurisdiction of the high court of admiralty in england was conferred on the colonial court of admiralty by the 1890 act and the high courts including the high court of judicature at fort william in bengal derived the authority to exercise such jurisdiction upon necessary declaration made by the indian legislature bv act xvi of 1891.10. ..... the effect of this sub-section is to limit the jurisdiction of colonial court of admiralty established under the 1890 act to the admiralty jurisdiction of the high court of england as it existed at the time of passing of the act. ..... . patna high court hasnot been declared as a colonial court of admiralty under section 3 of the 1890 act ..... it has not been declared as a colonial court of admiralty under section 3 of the 1890 act .....

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

Court : Mumbai

..... it referred to the letters patent of 1865 and the colonial courts of admiralty act, 1890 and the colonial courts of admiralty (india) act, 1891, the government of india act, 1915 and 1935 together with article 225 of the constitution of ..... the supreme court in the alternative also held that assuming that the admiralty powers of the high courts are limited to what had been derived from the colonial courts of admiralty act, 1890, yet, the 1890 act has not been incorporated in any indian ..... , it would be reasonable and rational even to attribute to the indian high courts a corresponding growth and expansion of admiralty jurisdiction and that is why the jurisdiction of the indian high courts cannot be said to be frozen on the date of the colonial courts of admiralty act, 1890. ..... the title of the rules itself is perused, it would be clear that they are rules regulating the procedure and practice in cases brought in the high court under the colonial courts of admiralty act, 1890. ..... is on the assumption that the continuance in force of the colonial courts of admiralty act, 1890 as an existing law. ..... on this construction the colonial courts could exercise the jurisdiction in respect of cargo going outside the port in exercise of jurisdiction under act of 1890 not on statutes but as the high court of england could exercise such ..... in the background of enactment of 1890 it would be too artificial to confine the exercise of power by the high courts in admiralty to what was contained in 1861 act. .....

Mr. Kamla Kant Dube and Another Vs. M.V. Umang and Others

Court : Mumbai

Reported in : AIR2000Bom211; 2000(2)ALLMR48; 2000(2)BomCR556

..... . the only contention before the supreme court was that no high court in india was invested with admiralty jurisdiction to order the arrest of the vessel in respect of a cause of action relating to outward cargo because section 6 of the admiralty court act, 1861 read with colonial courts admiralty act, 1890 conferring admiralty jurisdiction on indian courts was confined to 'claim for damage to cargo imported' ..... the colonial courts of admiralty act, 1890 and colonial courts of admiralty (india) act, 1891 conferred admiralty jurisdiction on indian high courts by reason of their being courts of unlimited jurisdiction. ..... . a right conferred by the indian carriage of goods by sea act, 1925 in respect of outward cargo is one of those rights which can be enforced by arrest and detention of the foreign ship in order to found jurisdiction over the vessel and its owners, just as it can be done in respect of inward cargo by reason of the substantive rights conferred by the admiralty court act, 1861 read with the colonial courts of admiralty act, 1890, and other rules of law ..... the preamble of the said act stated 'whereas it is provided by the colonial courts of admiralty act, 1890 that the legislature of a british possession may by any colonial law declare any court of unlimited civil jurisdiction in that possession to be a colonial court of admiralty. ..... in the year 1890, colonial courts of admiralty act, 1890 was enacted. .....

Alexandros Dryron S.A. Vs. Owners and Parties Interested in the Vessel ...

Court : Kolkata

Reported in : AIR1998Cal142

..... in his submissions made on behalf of the plaintiff, counsel relied on sections 2(2), 2(3) and proviso (a) of the colonial courts of admiralty act 1890, and submitted that this court had been declared to be one of the three colonial courts of admiralty by the colonial courts of admiralty (india) act, 1891, giving the three courts at bombay, calcutta and madras, jurisdiction over vessels lying anywhere within the territorial waters of india. ..... he contended, that the decisipn reported in : [1992]1scr1003 had made;it abundantly clear that jurisdiction of the courts were not frozen as of colonial courts of admiralty act 1890, and also recognised the importance and binding nature of various international conventions and principles of international law recognised and adopted by such conventions, and therefore in the absence of specific statutory provisions courts were at liberty to take note of such conventions as the brussels conventions in keeping with the statutes in that respect. ..... admiralty jurisdiction exercised by the high courts at bombay, calcutta and madras emanate from the provisions of the colonial courts of admiralty act, 1890, and by virtue of sections 2(2), 2(3), proviso (a) to the act, a colonial court of admiralty had been put at par with the english high courts, as regards the exercise of their admiralty jurisdiction. .....

Paharpur Cooling Towers Ltd. Vs. the Owners and Parties Interested in ...

Court : Kolkata

Reported in : AIR2001Cal213,(2001)2CALLT445(HC)

..... the admiralty jurisdiction of this high court is initially founded on the admiralty courts act, 1861 which was made applicable to india by the colonial courts of admiralty act, 1890 read with (the) colonial courts of admiralty (india) act, 1891 ..... 1890 read with colonial courts of admiralty [india act ..... connection, section 2 of colonial courts of admiralty (india) act. ..... the following courts of unlimited civil jurisdiction are hereby declared to be colonial courts of admiralty, namely:- (1) the high court of judicature at fort william in bengal; (2) the high court of judicature at madras, (3) the high court of judicature ..... also pertinent and set out below: '2, appointment of colonial courts of admiralty. ..... counsel submitted that the said act has been extended to calcutta high court by the colonial courts act of admiralty. ..... at fort william in bengal reads as follows: 'and it is our further will and pleasure, and we do hereby grant ordain, establish, and appoint that the said supreme court of judicature at fort william in bengal, shall be a court of admiralty, in and for the said provinces, countries, or districts, of bengal, behar and orissa, and all other territories and islands adjacent there unto, and which now are, or ought to be, dependent thereupon and we do ..... counsel submitted that the admiralty jurisdiction of this court is derived from admiralty court act, 1861 and specially section 6 of the said act. ..... this connection may also be made to sections 6 and7 of the admiralty courts act, 1861. .....