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Search Results for "admiralty jurisdiction"

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High Court

Bombay High Court Dismisses Admiralty Suit for Cargo Damage Claim Due to Lack of In Rem Jurisdiction and Limitation Bar. The court held that the vessel was not within Indian territorial waters at the time of suit filing and the claim was time-barred under the one-year limitation period under Article III Rule 6 of the Hague Rules.

28 Aug 2019

The plaintiff, Elecon Engineering Company Limited, filed an admiralty suit in rem against the vessel 'Rickmers Dubai' and other defendants for recover...

High Court

Bombay High Court Allows Seafarer's Wage Claim Against Vessel in Admiralty Suit — Wages for Chief Engineer on Two Vessels Held to be Maritime Lien with Priority Over Other Claims Under Merchant Shipping Act, 1958. Seafarer's claim for unpaid wages and statutory compensation under Section 129 of the Merchant Shipping Act, 1958 constitutes a maritime lien with high priority, recoverable from sale proceeds of the vessel.

5 Jul 2019

The plaintiff, Jagdish Singh Bhadauria, a seafarer and Chief Engineer, filed an admiralty suit against the vessel Bharati S (IMO 8122103) and the Offi...

High Court

Bombay High Court Holds Sheriff's Poundage Payable on Settlement Amounts in Admiralty Suits — Admiralty Jurisdiction — Sheriff's Fees — Table of Fees under Bombay Court Fees Act, 1959 — Court ruled that poundage is payable on the amount for which the vessel is released, including settlement sums, and not merely on the value of the vessel as per the warrant of arrest, and that the Sheriff is entitled to poundage even if the suit is settled before actual sale, as the Sheriff's services in effecting arrest and maintaining custody are rendered.

17 Jan 2018

The Bombay High Court addressed two unrelated admiralty suits tagged together to decide a common issue regarding the payment of poundage to the Sherif...

High Court

Bombay High Court Dismisses Admiralty Suit for Pure Economic Loss Without Physical Damage — Claim for Production Loss Due to Vessel Grounding Held Not Maintainable in Tort of Negligence. Defendant Vessel Owner Not Liable as No Duty of Care Owed to Jetty Owner for Purely Economic Loss.

9 Jun 2014

The plaintiff, owner of a captive jetty and PVC resin plant, filed an admiralty suit against the defendant vessel, claiming production loss of Rs. 12,...

High Court

Bombay High Court Dismisses Application to Set Aside Arrest of Vessel in Admiralty Suit for Bunker Supply Debt. The court held that the supply of bunkers to a vessel constitutes a maritime claim under the Admiralty Act, 2017, and the vessel can be arrested in rem even if the bunkers were supplied on credit to the charterers.

16 Apr 2014

The plaintiff, Georim Oil Corporation, a Korean company, supplied bunkers (fuel) to the vessel M.V. Flag Mersinidi, a Greek-flagged vessel, at the por...

High Court

Bombay High Court Dismisses Defendant's Application for Security for Costs in Admiralty Suit — No Frivolous or Vexatious Conduct Found. The court held that the power to order security for costs under Order XXV CPC is discretionary and should not be exercised merely because the plaintiff is a foreign company, especially when the suit is not frivolous and security for the claim has already been furnished.

8 Apr 2014

The defendant, owner of the vessel m.t. CHEM LILY, filed a Notice of Motion seeking an order directing the plaintiff, Alpha Oil International, to depo...

High Court

Bombay High Court Dismisses Admiralty Suit for Suppression of Facts and Abuse of Process — Arrest of Vessel Set Aside with Return of Security. Plaintiff suppressed filing of proceedings in Hong Kong and China, leading to dismissal of suit and release of security.

31 May 2013

The plaintiff, Sinoriches Enterprises Co. Ltd., filed Admiralty Suit No.76 of 2011 in the Bombay High Court seeking a decree and arrest of the vessel ...

High Court

Bombay High Court Dismisses Appeal Against Vacation of Arrest of Vessel in Maritime Claim — Charterer's Bareboat Charter Terminated Before Arrest, Vessel Not Owned by Charterer at Time of Arrest. The court held that the arrest of vessel Geowave Commander was invalid as the vessel was not owned by the charterer M/s. Reflect and the sister ship provision under the Admiralty Act did not apply.

10 May 2013

The appellant, Yusuf Abdul Gani, sole proprietor of Jumbo Offshore Enterprises, filed an appeal against the order of the learned Single Judge dated 17...

High Court

Bombay High Court Dismisses Appeal Against Arrest of Vessel in Admiralty Suit for Maritime Claim Under Charterparty. Court Holds That Dispute Regarding Existence of Intermediary Charterer Does Not Defeat Plaintiff's Prima Facie Case for Arrest of Vessel.

8 Dec 2011

The appellants (Defendants 1 and 2) challenged the order of the learned single Judge of the Admiralty Court dated 19 October 2011, which dismissed the...

High Court

Bombay High Court Dismisses Widow and Son's Admiralty Suit for Compensation for Death of Chief Engineer on Duty — Claim Arising from Contract of Employment Not Within Admiralty Jurisdiction. No Maritime Lien Exists for Compensation for Death on Duty, and Suit Barred by Limitation.

8 Nov 2006

The plaintiffs, Alice Elizabeth D'Souza (widow) and Alwin Mathew D'Souza (minor son), filed an admiralty suit against Motor Vessel Magalam (defendant ...

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