respondent towards release calls is not a maritime claim
entitling the Club to invoke the admiralty jurisdiction of the
High Court as such unpaid insurance ... claims specified under
Section 1(i) included any claim for loss of or damage to goods carried
in a ship, any claim arising
Whether confined to physical damage or wide
enough to include all maritime claims.
Admiralty Court Act, 1861 :
Admiralty jurisdiction-Applicability in India-Powers of
admiralty ... assumed by the coastal authorities in respect of any
maritime claim by arrest of the ship, irrespective of the
nationality of the ship or that
follows:
16
“2. Definitions
(1) In this Act,—
(g) “maritime lien” means a maritime claim against
the owner, demise charterer, manager or operator ... Maritime Lien and
Mortgages, 1993 defines maritime liens in Article 4 as follows:-
“Article 4: Maritime liens
I. Each of the following claims against
Section 4 in The Admiralty (Jurisdiction And Settlement Of Maritime Claims) Act, 2017
4. Maritime Claim
(1) The High Court may exercise jurisdiction to hear ... determine any question on a maritime claim, against any vessel, arising out of any— (a) dispute regarding the possession or ownership of a vessel
High Court, a few salient
features of actions in rem, maritime liens and maritime claims may be noticed.
10 Action in rem is against ... Section 4 of the Admiralty Act. Maritime liens are also included in this as they
are also maritime claims.
12.2 Although the owner must
Admiralty Courts Act, 1861 so as to constitute maritime claim?
2. The aforesaid question is also involved in Appeal No. 739/2000 arising ... ship. The submission of Mr. Bharucha is that a perusal of maritime claim enumerated in Admiralty Court Act, 1840 and 1861, section
Section 9 in The Admiralty (Jurisdiction And Settlement Of Maritime Claims) Act, 2017
9. Inter ... priority on maritime lien.
(1) Every maritime lien shall have the following order of inter se priority, namely:— (a) claims for wages and other sums
Section 5 in The Admiralty (Jurisdiction And Settlement Of Maritime Claims) Act, 2017
5. Arrest of vessel in rem
(1) The High Court may order ... within its jurisdiction for the purpose of providing security against a maritime claim which is the subject of an admiralty proceeding, where the court
Section 3 in The Admiralty (Jurisdiction And Settlement Of Maritime Claims) Act, 2017
3. Admiralty Jurisdiction
Subject to the provisions of sections ... jurisdiction in respect of all maritime claims under this Act shall vest in the respective High Courts and be exercisable over the waters
assume jurisdiction over (1) all maritime and admiralty matters or disputes in respect of all maritime claims or questions (2) all persons who are within ... Civil law principles which permits arrest of any property for maritime or non maritime claims.
14. So far as the submission of Shri Venkateshwaran regarding
