Judgment Search Results Home > Cases Phrase: colonial courts of admiralty act 1890 Page 2 of about 97 results (0.086 seconds)

El Noil-hellenic Petroleum Company S.A. Vs. M.V. anny L and Another

Court : Mumbai

Reported in : AIR2000Bom6; 1999(3)ALLMR196; 1999(4)BomCR384; (1999)2BOMLR696; 1999(3)MhLj25

..... 10) made applicable to india by the colonial courts of admiralty act, 1890 (s3 & 54 victoriae, c. ..... 27) (which are acts of the british parliament) read with the colonial courts of admiralty (india) act, 1891 (act 15 of 1891) declaring certain indian courts of unlimited civil jurisdiction as colonial courts of admiralty and declaring the high court of judicature at madras as one of such courts. mr. ..... by the jurisdiction act of 1873 the court of admiralty was merged in high court of justice. ..... section 35 of the 1861 act provided that the jurisdiction by the high court of admiralty could be exercised either by proceedings in rem or proceedings in personam. ..... and the first statutory recognition of such right came in 1840 when the admiralty court act of 1840 was enacted empowering the admiralty court to decide all questions as to the title or ownership of any ship or vessel or the procedure thereof remaining in the territory arising in any cause of possession, salvage, damage, wages or bottomry. ..... to urge, therefore, that the admiralty court exercising jurisdiction under 1890 act could not travel beyond 1861 act would be going against explicit language of the statue. ..... even if there was no provision in 1861 act, as such, the colonies could not be deprived under 1890 act from exercising jurisdiction on those matters which were not provided by 1861 act but could be exercised or were other wise capable of being exercised by the high court of england. .....

Liverpool and London S.P. and I Asson. Ltd. Vs. M.V. Sea Success I and ...

Court : Supreme Court of India

Reported in : JT2003(9)SC218; 2003(10)SCALE1; (2004)9SCC512

..... section 2 of colonial courts of admiralty act, 1890 reads thus:'2. ..... - (1) every court of law in a british possession, which is for the time being declared in pursuance of this 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 all the powers which it possesses 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.... ..... (2) 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. ..... section 2 of the colonial courts of admiralty (india) act, 1891 reads as under:2. .....

Supreme Paper Mills Ltd., Calcutta Vs. Owners and other persons Intere ...

Court : Chennai

Reported in : 1998(3)CTC85

..... reason of the letters patentof 1865 read with the colonial courts of admiralty act, 1890 and thecolonial courts of admiralty (india) act, 1891. ..... act 16 of 1891, certain courts in british india were declared to be colonial courts of admiralty ..... courts of judicature at fort william in bengal, at madras and at bombay were three of the six courts declared to be colonial courts of admiralty ..... the courts in indian established under the constitution of india enjoy much more original powers than the colonial courts and the construction of law should be in consonance with sovereignty of the state and the rights conferred on the ..... deciding the question of whether it was an action in rem or an action in personam, the supreme court held-'the admiralty jurisdiction of the high court is dependent on the presence of the foreign ship in indian waters and founded on the arrest of that ..... lordships while dealing with the admiralty jurisdiction of the andhra pradesh high court, which was bifurcated from the high court of judicature at madras, in para- 11 held(a) ' the powers of the madras high court are traceable to the admiraltycourt act, 1861 (24 & 25 victoria ..... the governmentof india act, 1915 declared that all the high courts established by letterspatent were courts of record and had such original and appellate juris-diction including admiralty jurisdiction as had been vested in ..... last two acts,the madras high court was invested with the same admiralty jurisdictionas was vested in the high court of england .....

New Era Shipping Ltd. and Hatimi Steels Vs. M.V.P. Express and ors.

Court : Mumbai

Reported in : 2008(1)ALLMR556; 2007(6)BomCR138; (2007)109BOMLR1875

..... he has also invited my attention to the colonial courts of admiralty act 1890 and section 2(2) thereof. ..... mr.sen submits that assuming that the ship is brought for destruction, if it is not a navigating vessel, yet, it is 'goods' within the meaning of the said term and, therefore, applying rule 941 of high court (o.s) rules and the phraseology therein so also the provisions of the colonial courts of admiralty act, this court can proceed against the same. 58. ..... it is on this basis that this court's jurisdiction under the admiralty & vice admiralty act is invoked. 41. ..... so far as first aspect is concerned, the ship has been defined under the admiralty court act, 1861 as 'ship' shall include any description of vessel used in navigation not propelled by oars' and the expression vessel has been defined under section 3(55) of the merchant shipping act, 1958 as 'vessel' includes any ship, boat, sailing vessel, or other description of vessel or other description of vessel used in navigation.9. ..... ms.sethna has also relied upon definitions of the term 'ship'/'vessel' in several statutes including admiralty courts act, 1861, merchant shipping act, 1958, major port trusts act, 1963, indian ports act, 1908, as also the dictionary meaning cited in the judgment of this court pronounced in the case of m.v.saaba (supra).24. .....

Gms Marine Company Limited Vs. the Owners and Parties Interested in th ...

Court : Kolkata

..... at paragraph 69, the judgment referred to the colonial court of admiralty act, 1890 by which the jurisdiction of the indian high courts was equated to that of the english high court and the supreme court regarded the statute of 1890 to be an enabling statute, and not one of ..... authority of high courts in india exercising admiralty jurisdiction is the body of colonial laws on the subject in the pre-constitution era as preserved and enhanced by article 225 of the constitution and declared to be the law of the land by the supreme court in mv elisabeth. ..... in the videsh sanchar nigam limited case which was one arising out of an admiralty suit filed in the bombay high court, although, the provisions of section 86 were not noticed, the supreme court imposed certain conditions both on the state of ukraine as well as the captain of the vessel before allowing the ship to leave ..... rem, he said, should be recognised for what it is, an action between the plaintiff and, in the language of the admiralty act, the relevant person. ..... the learned judge observed- (1) that even though there is a judgment of a single judge of the high court of which he is a member or of a division bench of that high court, he is not bound to follow that precedent because by following the precedent the judge would act contrary to section 165 of the indian evidence act, and would also violate the oath of office taken by him when entering upon his duties as a judge under the constitution; and (2) that a judgment of a full .....

Kashibai and anr. Vs. the ScIndia Steam Navigation Co. Ltd., Bombay

Court : Mumbai

Reported in : AIR1961Bom200; (1960)62BOMLR1017

..... in my judgment in : air1961bom186 , i held that the high court at bombay which was declared as one ol the colonial courts of admiralty by section 2 of the indian act 16 of 1891 was by the colonial courts of admiralty act, 1890, given as such colonial court of admiralty such admiralty jurisdiction as was then exercised by the high court of admiralty in england. ..... an injury resulting in the death of any person and accordingly, in such cases no action in rem for damages could he entertained by the admiralty division of the high court in 1911, however, an enactment entitled 'maritime convention's act' was passed by the british parliament and by section 5 thereof it was provided as follows:-'any enactment which confers on any court admiralty jurisdiction in respect of damages shall have effect as though references to such damage included references to damages for loss of life or personal injury ..... , and accordingly proceedings in respect of such damages may be brought in rem or in personam'.since the passing of this act actions for damages on account of the loss of life or personal injury caused by any ship on the high .....

Mayar (H.K.) Ltd. and ors. Vs. Owners and Parties, Vessel M.V. Fortune ...

Court : Supreme Court of India

Reported in : AIR2006SC1828; 2006(2)ALD36(SC); III(2006)BC156(SC); (SCSuppl)2006(2)CHN53; [2006(2)JCR344(SC)]; JT2006(2)SC48; 2006(2)SCALE30; (2006)3SCC100; (2006)1Supreme677

..... 5 under the caption `admiralty rules', the rules for regulating the procedure and practice in cases brought before the high court at calcutta under the colonial courts of admiralty act, 1890 were framed. ..... the suit was defined to mean any suit, action, or other proceedings instituted in the said court in its jurisdiction under the colonial courts of admiralty act. 29. ..... if that were so, parties would be encouraged not to pay the attention to solemnly agreed clauses of forum selection and they would rush to the admiralty court even contrary to such a selection clause and obtain arrest, thereafter arguing, that the arrest was most convenient for them, that it produced a security from the shipper, and that if decree should be passed in their ..... this appeal is preferred by the plaintiff-appellants challenging the judgment of the division bench of the calcutta high court dated 23.8.2004 whereby the plaintiffs' suit filed in admiralty jurisdiction was directed to remain permanently stayed and the bank guarantee furnished by the defendant-respondents in the suit was directed to stand immediately discharged. ..... again, under the said rule the suit might not be held to be barred as such, because the calcutta high court does have the necessary admiralty jurisdiction to entertain the plaint and even cause arrest of the ship. ..... ) limited filed admiralty suit in the high court at calcutta on 27.3.2000 in admiralty jurisdiction along with appellants nos. .....

Ecohidrotechnika Llc Vs. Black Sea and Azov Sea Production and Operati ...

Court : Mumbai

..... deal with the admiralty jurisdiction called 'rules for regulating the procedure and practice in cases brought before the high court under the colonial courts of admiralty act, 1890. ..... the high court of bombay has exclusive jurisdiction on its admiralty side to entertain a suit or such other proceedings including any cause in the court of admiralty, in respect of of any maritime claim, lien and/or claim for necessary supplies to ..... to consider in totality the relevant admiralty act but subject to indian maritime laws and section 9, 47, 49 and 49 of the arbitration act read with the provisions of specific relief act and the cpc. ..... that as soon as ship/vessel comes or reaches within the admiralty jurisdiction of the high court and if any suit or proceedings initiated or filed for appropriate order of 'arrest', 'injunction', 'attachment before judgment' or 'seizer' against the owner/master of the vessel and/or against the vessel/ship or such other properties; in view of the claim/debt, so averred in the suit/petition, the court may pass appropriate ex-parte order detaining and/or restraining the ..... in short, the admiralty courts act and the rules provide the provisions for dealing with the admiralty court's jurisdiction and all necessary ..... : 1993 supp (2) scc 433s, as explained, can take a different view from those of the english courts, based upon the indian acts and the rules made thereunder and the circulars issued from time to time by the concerned authority followed in liverpool & .....

Crown Maritime Co. (i) Ltd. Vs. Barge Salina Ii and ors.

Court : Mumbai

Reported in : 2008(1)BomCR143

..... the english statutes have been referred to in great details and in para 27, the supreme court held that the jurisdiction of indian high courts can never be considered to be frozen and atrophied on the date of the colonial courts of admiralty act, 1890. ..... section 7 of the said act was referred to and, thereafter, reference is made by the supreme court to the act of 1873, which merged the high court of admiralty with the high court of justice resulting in a fusion of admiralty law, common law and equity. ..... this act was followed by the judicature act of 1873, which came into force in 1875 and which merged the high court of admiralty with the high court of justice resulting in a fusion of admiralty law, common law and equity. ..... this act was followed by the admiralty court act, 1861 conferring larger powers upon the high court of admiralty. ..... the admiralty court act, 1840 was the first of a series of statutes extending and defining the jurisdiction of the high court of admiralty in england. ..... it was followed by the admiralty courts act, 1861, conferring larger powers on the high court of admiralty. ..... section 7 of the act, however, conferred jurisdiction on the high court of admiralty 'over any claim for damage done by any ship'. ..... section 6 of this act empowered the high court of admiralty to assume jurisdiction over foreign ships in respect of claims to cargo carried into any port in england or wales. .....

M.V. Elisabeth and ors. Vs. Harwan Investment and Trading Pvt. Ltd.

Court : Andhra Pradesh

Reported in : AIR1986AP184

..... to answer the question relating to the extent of admiralty jurisdiction, it is necessary to examine the powers exercised by the high court of madras under the letters patent (madras), 1865, read with the provisions of the (english) colonial courts of admiralty act, 1890, the colonial courts of admiralty (india) act, 1891 (act xvi of 1891) and the (english) admiralty courts act, 1861. cl. ..... section 2(2) of the english colonial courts of admiralty act, 1890, provides that the jurisdiction of the colonial courts of admiralty shall, subject to the provisions of the act, be exercisable over the like places, persons, matters and things, in the same manner as exercised by the admiralty jurisdiction of the high court of england, whether existing by virtue of any statute or otherwise. ..... colonial courts of admiralty (india) act, (act xvi of 1891) was enacted in exercise of the powers conferred by the colonial courts of admiralty act, 1890 of england. ..... the statement of objects and reasons shows that the main object of the act was to declare certain courts in india having unlimited civil jurisdiction to be the colonial courts of admiralty in pursuance of the act of 1890 and that the act, like the english act was not intended to take away jurisdiction of any high court of judicature in india, but on the contrary it would, so far as the admiralty and vice-admiralty jurisdiction of those courts are affected, extend and improve them. .....