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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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