Law:

Section:

(a) Admiralty Jurisdiction of High Courts Ordinance (XLII of 1980)-------Ss. 5, 4 & 3---Admiralty suit---Short landing by vessel---Action in rem and personam---Scope---Vessel as well as owner can be joined in the proceedings---Principles. Messrs MSC Textiles (Private) Limited v. Asian Pollux and others 2007 CLD 1465 and Bangladesh Shipping Corporation v. M.V. Nedon and another PLD 1981 Kar. 246 ref. (b) Admiralty Jurisdiction of High Courts Ordinance (XLII of 1980)--- ----S. 4---Admiralty suit---Short landing by vessel---Action in personam--Mode of exercise of jurisdiction under S.4, Admiralty Jurisdiction of High Courts Ordinance, 1980---Scope---Precondition for invoking jurisdiction under S.4(4)(a)(b) of the Ordinance is that the person who would be liable on the claim in an action in personam, when the cause of action arose should beneficially own majority shares in the ship---Bald statement in the pleadings that the ship in question was the sister ship of offending ship or the inference that the ship was a sister ship for the reasons mentioned which were not sustainable was not sufficient to disclose a cause of action---Principles. Lord Denning in I Congreso del Parlido [(1981)] 1 All Englan Law Reports 1092; M.V. Sea Success I v. Liver Pool and London Steamship Rotection and Indemnity Association Ltd. AIR 2002 Bombay 151; Messrs Maratos and Co. v. Trice Trader PLD 1989 Kar. 94; Global Tradeways Ltd. v. Tsavliris Russ (World Salvage & Towage) Limited and another 2004 YLR 2581 and V.N. Lakhani and Company v. M.V. Lakatoi Express PLD 1994 SC 894 ref. (c) Admiralty Jurisdiction of High Courts Ordinance (XLII of 1980)--- ----Ss. 3 & 4---Admiralty suit---Short landing by vessel---Application for arrest of vessel---Plaintiff had invited attention of the court to commercial invoices, bill of ladings, survey report, dry certificate after discharging, joint dip statement and letters of Chief Officers to the Master of Ship and contended that from the perusal of the documents shown it would be seen that invoices and bill of ladings show the manifested consignment and survey report revealed the short landing; that apart from survey reports short landings…

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