Ship Arrests And Indian Maritime Law

    ship arrests an Indian maritime law the safety of the people shall be the highest law Marcus Delia Cesaro India has a long-standing history in dealing with the sea and has had a distinguished tradition for several years with trade and commerce both within the region and Beyond its territorial borders India's Maritime history dates back to third millennium BCE and since then many ships have sailed from India and to India therefore there were there is no cure divide low as the one which exists today the custom and regulation concerning sea and Maritime activities have been in existence since time immemorial this article's analyzes the maritime law of India and the law relating to ship arrests including the jurisdiction permissible claim and procedural aspect of ship arrests in India before independence the law relating to Maritime laws in India were governed under the British government the coasting vessel act 1838 Island steam vessel act 1917 and Etc are some of the regulations which deal with various aspects of Maritime in India meaning of maritime law in simple words maritime law is a set of rules and regulation which govern the matters relating to Sea and ship it is also known as admiralty law numerous legal luminaries have provided their definition of the term maritime law some of them are as follow Professor Grant Gilmore and Charles Black in their law of admiralty Divine Maritime or admiralty law as the following a purpose of rules can zap and legal practices governing certain centrally important concern of the business of carrying good and present your buy water Black's Law Dictionary defined maritime law as the body of law governing Marine Commerce and navigation The Carriage at a version of and property and Marine averse in general the rules governing contract tort and workers 

    compensation claim or relating to Commerce on or over water the Divination given above covers wide range of activities concerning the sea however now with the evolution of law the maritime law is comprehensive and it is the branch of jurisprudence would cover all of the matter relating to the Sea and ship ship arrests ship arrest is a process by in which your ship is prevented from treading or moving until the matter in question is decided it is an exclusive jurisdiction that is granted to an admiralty court to detain a vessel to secure a maritime claim Article 2 of The International Convention relating to the arrest of sea-going ship 1952 defined the term arrest as the following arrests mean the Detention of a ship by judicial process to secure a maritime claim but doesn't include the Caesar of a ship in execution or satisfaction of a Chapman rationality a ship arrest may be exercised under the authority of a court having admiralty jurisdiction for the following reason loss of life loss of property Salvage Collision execution of a decree violation of custom usage regulation or Norm jurisdiction of Indian core before India gained independence under the Colonial Court of admiralty act 1890 the high court of Bombay Madras and Calcutta were the only judicial authorities competent to deal with matters relating to admiralty the other court of justice were restricted from dealing with issues concerning the admiralty 

    under the admiralty court act 1861 the three presidency Court were vested with the same Powers as that of the high court of England section 35 of the admiralty court act 1861 deals with the jurisdiction of admiralty court and it reads us the following the jurisdiction converted by this eye on the high court of admiralty may be exercised either by proceeding in rem or by proceeding in Personnel the law relating to admiralty jurisdiction is relevant even today under article 372 of the Constitution of India therefore in MV Elizabeth versus harwan investment and trading 1993 air asked 10 14 the question was whether a court having no admiralty jurisdiction could entertain a case relating to admiralty the Supreme Court in this case widened the scope of admiralty jurisdiction in India the Court held although States now control the field much of the admiralty law is rooted in judicial Division and influenced by the impact of civil law common law and Equity the ancient Maritime codes like the rhodium C law the Basilica the exercise of Jerusalem the roles of oleron the laws of this be the hansier decode the Black Book of the British admiralty Consulado Del Mar and others are apart from stated some of the sources from which the law developed in England any attempt to confined admiralty or maritime law within the bone of status isn't only unrealistic but in incorrect the Supreme Court made the following observation the high court in India are superior court of record they have original and appellate jurisdiction they have inherent and plenary powers and lasts expressly are impliedly paired and subject to the affiliate or discretionary jurisdiction of this court the high court have unlimited jurisdiction including the jurisdiction to determine their powers further in this case the International Convention for the unification of some rules regarding arrest of sea going ship 1952 was also made applicable to India although it was not ratified similarly in mvc's success case the Supreme Court held that the principal laid down in 1999 Geneva arrest convention could be applied in India on matters concerning admiralty in India the admiralty act 2017 was enacted on 9 August 2017 to consolidate the laws relating to admiralty the ACT implemented Reveals All the audit provision relating to admiralty as per Section 3 of the admiralty act 2017 the jurisdiction concerning admiralty matter shall be dusted in the respective high court and the cultural exercise their Authority within the territorial Waters of their jurisdiction therefore now the scope of admiralty jurisdiction has been widened and apart from the presidency Court the following Court have jurisdiction to deal with admiralty matters high court of Gujarat high court of Andhra Pradesh high court of orisa high court of Kerala permissible claim the high court as discussed earlier has the jurisdiction to entertain claim as provided under Article 1 of the arrest convention 1952 and Article 1 of Jennifer arrest convention 1999. thank you