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    Maritime Law 3

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    Anonymous H1TW3YY51K
    Admiralty jurisdiction deals with maritime law and originated in Britain with the Lord High Admiral governing maritime matters. Later, separate Admiralty courts were established. Admiralty jurisdiction was limited to disputes occurring at sea. India enacted the Admiralty Act in 1861 extending Admiralty Court jurisdiction. The document then discusses the development of Admiralty matters in India, with the colonial courts gaining jurisdiction in 1891. It concludes with a Supreme Court case, MV Elisabeth vs. Harvan Investments, where the court affirmed that High Courts in India have unlimited Admiralty Jurisdiction.

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    Maritime Law 3

    Uploaded by

    Anonymous H1TW3YY51K
    50 views12 pages
    Admiralty jurisdiction deals with maritime law and originated in Britain with the Lord High Admiral governing maritime matters. Later, separate Admiralty courts were established. Admiralty jurisdiction was limited to disputes occurring at sea. India enacted the Admiralty Act in 1861 extending Admiralty Court jurisdiction. The document then discusses the development of Admiralty matters in India, with the colonial courts gaining jurisdiction in 1891. It concludes with a Supreme Court case, MV Elisabeth vs. Harvan Investments, where the court affirmed that High Courts in India have unlimited Admiralty Jurisdiction.

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    ADMIRALTY JURISDICTION

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    Admiralty jurisdiction deals with maritime law and originated in Britain with the Lord High Admiral governing maritime matters. Later, separate Admiralty courts were established. Admiralty jurisdiction was limited to disputes occurring at sea. India enacted the Admiralty Act in 1861 extending Admiralty Court jurisdiction. The document then discusses the development of Admiralty matters in India, with the colonial courts gaining jurisdiction in 1891. It concludes with a Supreme Court case, MV Elisabeth vs. Harvan Investments, where the court affirmed that High Courts in India have unlimited Admiralty Jurisdiction.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    50 views12 pages

    Maritime Law 3

    Uploaded by

    Anonymous H1TW3YY51K
    Admiralty jurisdiction deals with maritime law and originated in Britain with the Lord High Admiral governing maritime matters. Later, separate Admiralty courts were established. Admiralty jurisdiction was limited to disputes occurring at sea. India enacted the Admiralty Act in 1861 extending Admiralty Court jurisdiction. The document then discusses the development of Admiralty matters in India, with the colonial courts gaining jurisdiction in 1891. It concludes with a Supreme Court case, MV Elisabeth vs. Harvan Investments, where the court affirmed that High Courts in India have unlimited Admiralty Jurisdiction.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    of 12

    ADMIRALTY

    JURISDICTION

    MEANING
    Admiralty and Maritime are almost

    synonyms.
    Maritime law is wider.
    There is no statutory definition.
    It may vary from country to country.

    Admiralty law includes accidents and


    injuries at sea, maritime contracts and
    commerce, alleged violations of rules of the
    sea over shipping lanes and rights-of-way,
    and mutiny and other crimes on shipboard.

    ORIGIN
    Introduced by British
    Lord High Admiral & other Admirals were in-

    charge.
    They were sole maritime authorities.
    Later a separate Admiralty court was set up.
    Rivalry between Common Law Courts &

    Courts of Admiralty.

    Therefore in 1389 act was passed which

    limited the High Courts of Admiralty to


    disputes occurring on sea only.
    The Courts lost their importance in 17 th and

    18th century.
    In 1840 the British Parliament enacted

    Admiralty Courts Act.

    In 1861, The Indian Admiralty Act was


    enacted.
    This act extended the jurisdiction of
    Admiralty Court by including cases of
    damage by ship and the provision that an
    aggrieved party can move
    The Admiralty Court to exercise its
    jurisdiction over foreigners also.

    There were further acts in 1873 & 1920.


    In 1925 a Consolidation Act was passed.
    There have been improvements through

    1956 & 1981 Supreme court act.

    DEVELOPMENT OF ADMIRALTY
    MATTERS IN INDIA
    Major Courts were at Madras, Bombay &

    Calcutta.
    In 1774 supreme Court was established at

    Calcutta.
    In 1861 High courts were established in three

    cities.
    The Colonial Courts of Admiralty act was

    The 1891 act of Colonial Court of Admiralty

    declared three High courts of as Admiralty


    Court.
    At present the three courts continue to

    exercise as Admiral Jurisdiction.


    Limited Jurisdiction.
    Limitations in matter of arrest & detention.

    MV ELISABETH VS. HARVAN


    INVESTMENTS
    Appellant MV Elisabeth ORS.
    Respondent- Harvan Investments.
    The vessel left the port without issuing Bill of

    Lading.
    Despite the direction of respondent co. not to

    deliver the goods as the buyer had not made


    payment the appellant handed over the goods.
    Since the appellant was in breach of duty the

    respondent filed a suit against the the appellants


    invoking the admiralty jurisdiction of the Andhra

    The ship was arrested when it entered

    Vishakapatnam port.
    In the proceedings the appellant raised a

    preliminary objection.
    Stating that the suit against a foreign ship owned

    by a foreign company not having a place of


    residence or business in India, could not proceed
    on the admiralty side of the High Court.
    The objection was overruled by the judge.

    HELD
    Andhra High Court was SUCCESSOR of Madras High

    Court which had Admiral Jurisdiction under the English


    Act 1861 & Colonial courts of Admiralty Act 1890.
    The High Court of Andhra Pradesh undoubtedly

    possesses jurisdiction over claims relating to inward


    and outward cargo. Therefore the High Court rightly
    assumed jurisdiction by the arrest of the appellant
    vessel
    In the end Supreme court passed judgment clarifying
    that all the high courts in India have Admiralty
    Jurisdiction uninhibited by limitations.

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