- The three Indian Courts of Admiralty i.e. Bombay, Calcutta and Madras
were courts of specific jurisdiction (prior to the decision of m.v.
Elizabeth) and, if a controversy does not come within their specific
jurisdiction, they cannot entertain it and, in that respect, are unlike
the courts of residuary jurisdiction such as common law courts or, in
India, courts of ordinary original civil jurisdiction. The Admiralty
jurisdiction of each of these courts is concurrent and territorially
extends over the coast line of India. In the course of time the
jurisdiction of the High Courts of Calcutta, Bombay, Madras, Gujarat,
Andhra Pradesh and Orissa have entertained Admiralty actions.
The separate High Court for the State of Gujarat was established under
section 28 of the Bombay Reorganisation Act of 1960. Gujarat High Court
never had Admiralty jurisdiction but in the last few years the Ahmedabad
High Court at Gujarat Admiralty actions are filed and in a recent judgment
of this court it was held that to invoke Admiralty jurisdiction not only
the vessel should be in Gujarat but also cause of action or part cause of
action should arise in Gujarat as was decided by the single judge the
Honble Mr. Justice Jayant Patel in June 2009 held in Fuji Trading
(Singapore) Pte Ltd and in Quantum Marineworks Singapore Pte Ltd.
- The Indian Courts possessing Admiralty jurisdiction have jurisdiction
over the following claims and to hear and determine any questions with
regard thereto the claims as defined under Article 1 of the International
Convention for the Unification of Certain Rules relating to the Arrest of
Seagoing Ships, Brussels, May 10, 1952 ‘or’ under Article 1 of the
International Convention on the Arrest of Ships, Geneva, March 12, 1999 as
setout herein under:
Article 1 of the Brussels Arrest Convention
(a) damage caused by any ship either in collision or otherwise;
(b) loss of life or personal injury caused by any ship or occurring in
connection with the operation of any ship;
(c) salvage;
(d) agreement relating to the use or hire of any ship whether by
charterparty or otherwise;
(e) agreement relating to the carriage of goods in any ship whether by
charterparty or otherwise;
(f) loss of or damage to goods including baggage carried in any ship;
(g) general average;
(h) bottomry;
(i) towage;
(j) pilotage;
(k) goods or materials wherever supplied to a ship for her operation or
maintenance;
(l) construction, repair or equipment of any ship or dock charges and
dues;
(m) wages of Masters, Officers, or crew;
(n) Master’s disbursements, including disbursements made by shippers,
charterers or agents on behalf of a ship or her owner;
(o) disputes as to the title to or ownership of any ship;
(p) disputes between co-owners of any ship as to the ownership, possession
employment or earnings of that ship;
(q) the mortgage or hypothecation of any ship.
Article 1 of the Geneva Arrest Convention
(a) loss or damage caused by the operation of the ship;
(b) loss of life or personal injury occurring, whether on land or on
water, in direct connection with the operation of the ship;
(c) salvage operations or any salvage agreement, including, if applicable,
special compensation relating to salvage operations in respect of a ship
which by itself or its cargo threatened damage to the environment;
(d) damage or threat of damage caused by the ship to the environment,
coastline or related interests; measures taken to prevent, minimize, or
remove such damage; compensation for such damage; costs of reasonable
measures of reinstatement of the environment actually undertaken or to be
undertaken; loss incurred or likely to be incurred by third parties in
connection with such damage; and damage, costs, or loss of a similar
nature to those identified in this subparagraph (d);
(e) costs or expenses relating to the raising, removal, recovery,
destruction or the rendering harmless of a ship which is sunk, wrecked,
stranded or abandoned, including anything that is or has been on board
such ship, and costs or expenses relating to the preservation of an
abandoned ship and maintenance of its crew;
(f) any agreement relating to the use or hire of the ship, whether
contained in a charter party or otherwise;
(g) any agreement relating to the carriage of goods or passengers on board
the ship, whether contained in a charter party or otherwise;
(h) loss of or damage to or in connection with goods (including luggage)
carried on board the ship;
(i) general average;
(j) towage;
(k) pilotage;
(l) goods, materials, provisions, bunkers, equipment (including
containers) supplied or services rendered to the ship for its operation,
management, preservation or maintenance;
(m) construction, reconstruction, repair, converting or equipping of the
ship;
(n) port, canal, dock, harbour and other waterway dues and charges;
(o) wages and other sums due to the master, officers and other members of
the ship's complement in respect of their employment on the ship,
including costs of repatriation and social insurance contributions payable
on their behalf;
(p) disbursements incurred on behalf of the ship or its owners;
(q) insurance premiums (including mutual insurance calls) in respect of
the ship, payable by or on behalf of the shipowner or demise charterer;
(r) any commissions, brokerages or agency fees payable in respect of the
ship by or on behalf of the shipowner or demise charterer;
(s) any dispute as to ownership or possession of the ship;
(t) any dispute between co-owners of the ship as to the employment or
earnings of the ship;
(u) a mortgage or a "hypothèque" or a charge of the same nature on the
ship;
(v) any dispute arising out of a contract for the sale of the ship.
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- BCAS: 2102-1013
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