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PART I - JURISDICTION IN
ADMIRALTY |
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CHAPTER 1
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History and Admiralty Jurisdiction of the High
Courts
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OPEN |
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Early History of the High Courts; Historical
Development; Statutory Jurisdiction; Jurisdiction; Colonial Courts of
Admiralty |
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CHAPTER 2
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Specific Jurisdiction and Jurisdiction in Admiralty
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OPEN |
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The three Indian Courts of Admiralty i.e. Bombay,
Calcutta and Madras were courts of specific jurisdiction. In the course of
time the jurisdiction of the High Courts of Calcutta, Bombay, Madras,
Gujarat, Andhra Pradesh and Orissa have entertained Admiralty actions |
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CHAPTER 3
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Building, Equipping or Repairing of any Ship
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OPEN |
| Early History of the High Courts; Historical
Development; Statutory Jurisdiction; Jurisdiction; Colonial Courts of
Admiralty |
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CHAPTER 4
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Necessaries Supplied or Services rendered to any Ship
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OPEN |
| Early History of the High Courts; Historical
Development; Statutory Jurisdiction; Jurisdiction; Colonial Courts of
Admiralty |
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CHAPTER 5
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Bill of Lading of any Goods for Damage
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OPEN |
| Early History of the High Courts; Historical
Development; Statutory Jurisdiction; Jurisdiction; Colonial Courts of
Admiralty |
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CHAPTER 6
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Loss or Damage done by any Ship
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OPEN |
| Early History of the High Courts; Historical
Development; Statutory Jurisdiction; Jurisdiction; Colonial Courts of
Admiralty |
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CHAPTER 7
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Damage received by any Ship or Sea-Going Vessel
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OPEN |
| Early History of the High Courts; Historical
Development; Statutory Jurisdiction; Jurisdiction; Colonial Courts of
Admiralty |
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CHAPTER 8
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Title, Possession, Ownership, Employment or Earnings of a Ship
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OPEN |
| Early History of the High Courts; Historical
Development; Statutory Jurisdiction; Jurisdiction; Colonial Courts of
Admiralty |
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CHAPTER 9
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Salvage
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OPEN |
| Early History of the High Courts; Historical
Development; Statutory Jurisdiction; Jurisdiction; Colonial Courts of
Admiralty |
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CHAPTER 10
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Wages
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OPEN |
| Early History of the High Courts; Historical
Development; Statutory Jurisdiction; Jurisdiction; Colonial Courts of
Admiralty |
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CHAPTER 11
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Disbursements
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OPEN |
| Early History of the High Courts; Historical
Development; Statutory Jurisdiction; Jurisdiction; Colonial Courts of
Admiralty |
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CHAPTER 12
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Bottomry & Respondentia
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OPEN |
| Early History of the High Courts; Historical
Development; Statutory Jurisdiction; Jurisdiction; Colonial Courts of
Admiralty |
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CHAPTER 13
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Towage
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OPEN |
| Early History of the High Courts; Historical
Development; Statutory Jurisdiction; Jurisdiction; Colonial Courts of
Admiralty |
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CHAPTER 14
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Mortgage or Hypothecation
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OPEN |
| Early History of the High Courts; Historical
Development; Statutory Jurisdiction; Jurisdiction; Colonial Courts of
Admiralty |
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CHAPTER 15
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Claims relating to Cargo and Contract of
Affreightment
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OPEN |
| Early History of the High Courts; Historical
Development; Statutory Jurisdiction; Jurisdiction; Colonial Courts of
Admiralty |
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CHAPTER 16
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Forfeitures
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OPEN |
| Early History of the High Courts; Historical
Development; Statutory Jurisdiction; Jurisdiction; Colonial Courts of
Admiralty |
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CHAPTER 17
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Loss of Life or Personal Injury
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OPEN |
| Early History of the High Courts; Historical
Development; Statutory Jurisdiction; Jurisdiction; Colonial Courts of
Admiralty |
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CHAPTER 18
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Use or Hire of any Ship
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OPEN |
| Early History of the High Courts; Historical
Development; Statutory Jurisdiction; Jurisdiction; Colonial Courts of
Admiralty |
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CHAPTER 19
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Carriage of Goods or Passengers in any Ship
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OPEN |
| Early History of the High Courts; Historical
Development; Statutory Jurisdiction; Jurisdiction; Colonial Courts of
Admiralty |
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CHAPTER 20
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General Average
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OPEN |
| Early History of the High Courts; Historical
Development; Statutory Jurisdiction; Jurisdiction; Colonial Courts of
Admiralty |
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CHAPTER 21
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Pilotage
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OPEN |
| Early History of the High Courts; Historical
Development; Statutory Jurisdiction; Jurisdiction; Colonial Courts of
Admiralty |
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CHAPTER 22
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Construction, Repair or Equipment of any Ship
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OPEN |
| Early History of the High Courts; Historical
Development; Statutory Jurisdiction; Jurisdiction; Colonial Courts of
Admiralty |
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CHAPTER 23
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Dock, Port, Canal, Harbour, Waterway Charges and
Dues
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OPEN |
| Early History of the High Courts; Historical
Development; Statutory Jurisdiction; Jurisdiction; Colonial Courts of
Admiralty |
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CHAPTER 24
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Cost or Expenses relating to Wrecked, Stranded,
Abandoned and Sunken Ship
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OPEN |
| Early History of the High Courts; Historical
Development; Statutory Jurisdiction; Jurisdiction; Colonial Courts of
Admiralty |
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CHAPTER 25
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Cost or Expenses relating to the Preservation of
Abandoned Ship and Maintenance of its Crew
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OPEN |
| Early History of the High Courts; Historical
Development; Statutory Jurisdiction; Jurisdiction; Colonial Courts of
Admiralty |
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CHAPTER 26
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Insurance Premium
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OPEN |
| Early History of the High Courts; Historical
Development; Statutory Jurisdiction; Jurisdiction; Colonial Courts of
Admiralty |
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CHAPTER 27
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Commission, Brokerage or Agency Fees
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OPEN |
| Early History of the High Courts; Historical
Development; Statutory Jurisdiction; Jurisdiction; Colonial Courts of
Admiralty |
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CHAPTER 28
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Sale of a Ship
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OPEN |
| Early History of the High Courts; Historical
Development; Statutory Jurisdiction; Jurisdiction; Colonial Courts of
Admiralty |
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CHAPTER 29
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Limitation of Liability
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OPEN |
| Early History of the High Courts; Historical
Development; Statutory Jurisdiction; Jurisdiction; Colonial Courts of
Admiralty |
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CHAPTER 30
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Publicly Owned Ships
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OPEN |
| Early History of the High Courts; Historical
Development; Statutory Jurisdiction; Jurisdiction; Colonial Courts of
Admiralty |
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CHAPTER 31
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Effect of Admiralty Action in Rem on Insolvency of
Ship Owner
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OPEN |
| Early History of the High Courts; Historical
Development; Statutory Jurisdiction; Jurisdiction; Colonial Courts of
Admiralty |
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CHAPTER 32
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Oil Pollution
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OPEN |
| Early History of the High Courts; Historical
Development; Statutory Jurisdiction; Jurisdiction; Colonial Courts of
Admiralty |
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CHAPTER 33
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Solicitors' Lien
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OPEN |
| Early History of the High Courts; Historical
Development; Statutory Jurisdiction; Jurisdiction; Colonial Courts of
Admiralty |
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PART II - ADMIRALTY
PRACTICE |
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CHAPTER 34
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International Convention for Arrest of Ships
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OPEN |
| Early History of the High Courts; Historical
Development; Statutory Jurisdiction; Jurisdiction; Colonial Courts of
Admiralty |
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CHAPTER 35
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In Rem and Personam Actions
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OPEN |
| Early History of the High Courts; Historical
Development; Statutory Jurisdiction; Jurisdiction; Colonial Courts of
Admiralty |
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CHAPTER 36
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|
Ship and Sisterships
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OPEN |
| Early History of the High Courts; Historical
Development; Statutory Jurisdiction; Jurisdiction; Colonial Courts of
Admiralty |
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CHAPTER 37
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Arrest
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OPEN |
| Early History of the High Courts; Historical
Development; Statutory Jurisdiction; Jurisdiction; Colonial Courts of
Admiralty |
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CHAPTER 38
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Release
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OPEN |
| Early History of the High Courts; Historical
Development; Statutory Jurisdiction; Jurisdiction; Colonial Courts of
Admiralty |
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CHAPTER 39
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Maritime Claim
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OPEN |
| Early History of the High Courts; Historical
Development; Statutory Jurisdiction; Jurisdiction; Colonial Courts of
Admiralty |
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CHAPTER 40
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Maritime Lien
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OPEN |
| Early History of the High Courts; Historical
Development; Statutory Jurisdiction; Jurisdiction; Colonial Courts of
Admiralty |
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CHAPTER 41
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|
Possessory Lien
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OPEN |
| Early History of the High Courts; Historical
Development; Statutory Jurisdiction; Jurisdiction; Colonial Courts of
Admiralty |
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CHAPTER 42
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|
Mareva Injunction
|
OPEN |
| Early History of the High Courts; Historical
Development; Statutory Jurisdiction; Jurisdiction; Colonial Courts of
Admiralty |
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CHAPTER 43
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Attachment before Judgment
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OPEN |
| Early History of the High Courts; Historical
Development; Statutory Jurisdiction; Jurisdiction; Colonial Courts of
Admiralty |
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CHAPTER 44
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|
Lay Time
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OPEN |
| Early History of the High Courts; Historical
Development; Statutory Jurisdiction; Jurisdiction; Colonial Courts of
Admiralty |
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CHAPTER 45
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Effect of Arbitration Clause on Arrest
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OPEN |
| Early History of the High Courts; Historical
Development; Statutory Jurisdiction; Jurisdiction; Colonial Courts of
Admiralty |
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CHAPTER 46
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Arbitration
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OPEN |
| Early History of the High Courts; Historical
Development; Statutory Jurisdiction; Jurisdiction; Colonial Courts of
Admiralty |
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CHAPTER 47
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|
Merchant Shipping Act 1958, s.443, 444
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OPEN |
| Early History of the High Courts; Historical
Development; Statutory Jurisdiction; Jurisdiction; Colonial Courts of
Admiralty |
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CHAPTER 48
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Claims Payable in Foreign Currency
|
OPEN |
| Early History of the High Courts; Historical
Development; Statutory Jurisdiction; Jurisdiction; Colonial Courts of
Admiralty |
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CHAPTER 49
|
|
Interest
|
OPEN |
| Early History of the High Courts; Historical
Development; Statutory Jurisdiction; Jurisdiction; Colonial Courts of
Admiralty |
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CHAPTER 50
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Priorities
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OPEN |
| Early History of the High Courts; Historical
Development; Statutory Jurisdiction; Jurisdiction; Colonial Courts of
Admiralty |
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CHAPTER 51
|
|
Applicable Law
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OPEN |
| Early History of the High Courts; Historical
Development; Statutory Jurisdiction; Jurisdiction; Colonial Courts of
Admiralty |
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CHAPTER 52
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|
Limitation Periods, Time Bar
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OPEN |
| Early History of the High Courts; Historical
Development; Statutory Jurisdiction; Jurisdiction; Colonial Courts of
Admiralty |
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CHAPTER 53
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Security for Costs and Damages
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OPEN |
| Early History of the High Courts; Historical
Development; Statutory Jurisdiction; Jurisdiction; Colonial Courts of
Admiralty |
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CHAPTER 54
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|
Wrongful Arrest
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OPEN |
| Early History of the High Courts; Historical
Development; Statutory Jurisdiction; Jurisdiction; Colonial Courts of
Admiralty |
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CHAPTER 55
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|
Admiralty Rules
|
OPEN |
| Early History of the High Courts; Historical
Development; Statutory Jurisdiction; Jurisdiction; Colonial Courts of
Admiralty |
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CHAPTER 56
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Admiralty Suit and Pleadings
|
OPEN |
| Early History of the High Courts; Historical
Development; Statutory Jurisdiction; Jurisdiction; Colonial Courts of
Admiralty |
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CHAPTER 57
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|
Counter Security
|
OPEN |
| Early History of the High Courts; Historical
Development; Statutory Jurisdiction; Jurisdiction; Colonial Courts of
Admiralty |
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CHAPTER 58
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|
Application for Arrest
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OPEN |
| Early History of the High Courts; Historical
Development; Statutory Jurisdiction; Jurisdiction; Colonial Courts of
Admiralty |
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CHAPTER 59
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|
Order of Arrest and Warrant of Arrest
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OPEN |
| Early History of the High Courts; Historical
Development; Statutory Jurisdiction; Jurisdiction; Colonial Courts of
Admiralty |
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CHAPTER 60
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|
Writ of Summons
|
OPEN |
| Early History of the High Courts; Historical
Development; Statutory Jurisdiction; Jurisdiction; Colonial Courts of
Admiralty |
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CHAPTER 61
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|
Service, Effecting the Arrest
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OPEN |
| Early History of the High Courts; Historical
Development; Statutory Jurisdiction; Jurisdiction; Colonial Courts of
Admiralty |
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CHAPTER 62
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|
Ship Arrest
|
OPEN |
| Early History of the High Courts; Historical
Development; Statutory Jurisdiction; Jurisdiction; Colonial Courts of
Admiralty |
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CHAPTER 63
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|
Release from Arrest
|
OPEN |
| Early History of the High Courts; Historical
Development; Statutory Jurisdiction; Jurisdiction; Colonial Courts of
Admiralty |
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CHAPTER 64
|
|
Security for Release of a Ship
|
OPEN |
| Early History of the High Courts; Historical
Development; Statutory Jurisdiction; Jurisdiction; Colonial Courts of
Admiralty |
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CHAPTER 65
|
|
Enforced Sale of the Ship
|
OPEN |
| Early History of the High Courts; Historical
Development; Statutory Jurisdiction; Jurisdiction; Colonial Courts of
Admiralty |
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CHAPTER 66
|
|
Appraisement and Judicial Sale
|
OPEN |
| Early History of the High Courts; Historical
Development; Statutory Jurisdiction; Jurisdiction; Colonial Courts of
Admiralty |
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CHAPTER 67
|
|
Condition of Sale
|
OPEN |
| Early History of the High Courts; Historical
Development; Statutory Jurisdiction; Jurisdiction; Colonial Courts of
Admiralty |
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CHAPTER 68
|
|
Judgment
|
OPEN |
| Early History of the High Courts; Historical
Development; Statutory Jurisdiction; Jurisdiction; Colonial Courts of
Admiralty |
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CHAPTER 69
|
|
Costs
|
OPEN |
| Early History of the High Courts; Historical
Development; Statutory Jurisdiction; Jurisdiction; Colonial Courts of
Admiralty |
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CHAPTER 70
|
|
Enforcement of Judgments and Orders
|
OPEN |
| Early History of the High Courts; Historical
Development; Statutory Jurisdiction; Jurisdiction; Colonial Courts of
Admiralty |
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CHAPTER 71
|
|
Appeals
|
OPEN |
| Early History of the High Courts; Historical
Development; Statutory Jurisdiction; Jurisdiction; Colonial Courts of
Admiralty |
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CHAPTER 72
|
|
Execution of Foreign Decree
|
OPEN |
| Early History of the High Courts; Historical
Development; Statutory Jurisdiction; Jurisdiction; Colonial Courts of
Admiralty |
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CHAPTER 73
|
|
Parties and Pleadings
|
OPEN |
| Early History of the High Courts; Historical
Development; Statutory Jurisdiction; Jurisdiction; Colonial Courts of
Admiralty |
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CHAPTER 74
|
|
Procedure for Ship Arrest
|
OPEN |
| Early History of the High Courts; Historical
Development; Statutory Jurisdiction; Jurisdiction; Colonial Courts of
Admiralty |
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CHAPTER 75
|
|
Presence of a Ship at the time of filing of
Admiralty Suit
|
OPEN |
| Early History of the High Courts; Historical
Development; Statutory Jurisdiction; Jurisdiction; Colonial Courts of
Admiralty |
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CHAPTER 76
|
|
Beaching of a Ship for Demolition
|
OPEN |
| Early History of the High Courts; Historical
Development; Statutory Jurisdiction; Jurisdiction; Colonial Courts of
Admiralty |
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CHAPTER 77
|
|
Indian Flag Ship
|
OPEN |
| Early History of the High Courts; Historical
Development; Statutory Jurisdiction; Jurisdiction; Colonial Courts of
Admiralty |
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CHAPTER 78
|
|
Detaining vessel under Merchant Shipping Act
|
OPEN |
| Early History of the High Courts; Historical
Development; Statutory Jurisdiction; Jurisdiction; Colonial Courts of
Admiralty |
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CHAPTER 79
|
|
Indian Territorial Waters for Ship Arrest
|
OPEN |
| Early History of the High Courts; Historical
Development; Statutory Jurisdiction; Jurisdiction; Colonial Courts of
Admiralty |
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CHAPTER 80
|
|
One Ship Company
|
OPEN |
| Early History of the High Courts; Historical
Development; Statutory Jurisdiction; Jurisdiction; Colonial Courts of
Admiralty |
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CHAPTER 81
|
|
Effect of Ship Arrest
|
OPEN |
| Early History of the High Courts; Historical
Development; Statutory Jurisdiction; Jurisdiction; Colonial Courts of
Admiralty |
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CHAPTER 82
|
|
Carrier's Identity
|
OPEN |
| Early History of the High Courts; Historical
Development; Statutory Jurisdiction; Jurisdiction; Colonial Courts of
Admiralty |
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CHAPTER 83
|
|
Indian Ships, Registration
|
OPEN |
| Early History of the High Courts; Historical
Development; Statutory Jurisdiction; Jurisdiction; Colonial Courts of
Admiralty |
|
CHAPTER 84
|
|
Frequently Asked Questions on Ship Arrest
|
OPEN |
| Early History of the High Courts; Historical
Development; Statutory Jurisdiction; Jurisdiction; Colonial Courts of
Admiralty |
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CHAPTER
85
|
|
Necessaries, a Maritime Claim
|
OPEN |
| Early History of the High Courts; Historical
Development; Statutory Jurisdiction; Jurisdiction; Colonial Courts of
Admiralty |
|
CHAPTER 86
|
|
Claims relating to Cargo
|
OPEN |
| Early History of the High Courts; Historical
Development; Statutory Jurisdiction; Jurisdiction; Colonial Courts of
Admiralty |
|
CHAPTER 87
|
|
Claims for Unpaid Bunker Dues
|
OPEN |
| Early History of the High Courts; Historical
Development; Statutory Jurisdiction; Jurisdiction; Colonial Courts of
Admiralty |
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CHAPTER 88
|
|
Collision Actions
|
OPEN |
| Early History of the High Courts; Historical
Development; Statutory Jurisdiction; Jurisdiction; Colonial Courts of
Admiralty |
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CHAPTER 89
|
|
Pan India Ship Arrest
|
OPEN |
| Early History of the High Courts; Historical
Development; Statutory Jurisdiction; Jurisdiction; Colonial Courts of
Admiralty |
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CHAPTER 90
|
|
Piercing the Corporate Veil
|
OPEN |
| Early History of the High Courts; Historical
Development; Statutory Jurisdiction; Jurisdiction; Colonial Courts of
Admiralty |
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CHAPTER 91
|
|
Arresting Ship to obtain Security for Arbitral Award
or Court Judgment
|
OPEN |
| Early History of the High Courts; Historical
Development; Statutory Jurisdiction; Jurisdiction; Colonial Courts of
Admiralty |
|
CHAPTER 92
|
|
Foreign State Owned and Publicly Owned Vessel
|
OPEN |
| Early History of the High Courts; Historical
Development; Statutory Jurisdiction; Jurisdiction; Colonial Courts of
Admiralty |
|
CHAPTER 93
|
|
Crew on Board after Arrest of Ship
|
OPEN |
| Early History of the High Courts; Historical
Development; Statutory Jurisdiction; Jurisdiction; Colonial Courts of
Admiralty |
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PART III - RULES,
CONVENTIONS, ACTS, ORDERS, LANDMARK CASES, GLOSSARY AND MISCELLANEOUS |
|
APPENDIX 1
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Bombay High Court Rules
|
OPEN |
| Rules for regulating the procedure and practice in
cases brought before the Bombay High Court under Admiralty jurisdiction |
|
APPENDIX 2
|
|
Madras High Court Rules
|
OPEN |
| Rules for regulating the procedure and practice in
cases brought before the High Court of Judicature at Madras exercising
Admiralty jurisdiction |
|
APPENDIX 3
|
|
Admiralty Court Act, 1861
|
OPEN |
| The jurisdiction conferred by this Act on the High
Court of Admiralty may be exercised either by proceedings in rem or by
proceedings in personam |
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APPENDIX 4
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|
Admiralty Court Act, 1890
|
OPEN |
| An Act to amend the law respecting the exercise of
Admiralty Jurisdiction |
|
APPENDIX 5
|
|
Admiralty Court Act, 1891
|
OPEN |
| An Act to declare certain Courts in [India] to be
Colonial Courts of Admiralty |
|
APPENDIX 6
|
|
The Major Port Trust Act, 1963
|
OPEN |
| An Act to make provision for the constitution of port
authorities for certain major ports in India and to vest the administration,
control and management of such ports in such authorities and for matters
connected therewith |
|
APPENDIX 7
|
|
The Indian Ports Act, 1908
|
OPEN |
| An Act to consolidate the enactments relating to Ports
and Port-charges |
|
APPENDIX 8
|
|
The Indian Bills of Lading Act, 1856
|
OPEN |
| An Act to amend the Law relating to Bills of Lading |
|
APPENDIX 9
|
|
The York-Antwerp Rules, 2004
|
OPEN |
| The York-Antwerp Rules, 2004 recognises two main type
of allowances, 'common safety allowances' and 'common benefit allowances' |
|
APPENDIX 10
|
|
The Multi Modal Transportation of Goods Act, 1993
|
OPEN |
| An Act to provide for the regulation of the multimodal
transportation of goods, from any place in India to a place outside India,
on the basis of a multimodal transport contract and for matters connected
therewith or incidental thereto |
|
APPENDIX 11
|
|
The Indian Carriage of Goods by Sea Act, 1925
|
OPEN |
| An Act to amend the law with respect to the carriage of
goods by sea |
|
APPENDIX 12
|
|
The Merchant Shipping Act, 1958
|
OPEN |
| An Act to foster the development and ensure the
efficient maintenance of an Indian mercantile marine in a manner best suited
to serve the national interests and for that purpose to establish a National
Shipping Board and a Shipping Development Fund, to provide for the
registration of Indian ships and generally to amend and consolidate the law
relating to merchant shipping |
|
APPENDIX 13
|
|
Brussels Convention on Arrest of Ships
|
OPEN |
| Having recognised the desirability of determining by
agreement certain uniform rules of law relating to the arrest of seagoing
ships, have decided to conclude Brussels Convention on Arrest of Ship |
|
APPENDIX 14
|
|
Geneva Convention on Arrest of Ships
|
OPEN |
| The States Parties to this Convention, Recognizing the
desirability of facilitating the harmonious and orderly development of world
seaborne trade, Convinced of the necessity for a legal instrument
establishing international uniformity in the field of arrest of ships which
takes account of recent developments in related fields, |
|
APPENDIX 15
|
|
Shipping Glossary
|
OPEN |
| Alphabetically arranged list of often difficult or
specialised shipping words with their definition |
|
APPENDIX 16
|
|
Landmark Admiralty Cases
|
OPEN |
| Landmark court decision on admiralty laws in India
mainly on ship arrest |
|
