Law:

Section:

(a) Admiralty Jurisdiction of High Courts Ordinance (XLII of 1980)-- ----S. 3---Admiralty Jurisdiction of the High Court---Claims actionable under the said jurisdiction---Scope---Where claim was made against defendants which included the defendant vessel and owner of such vessel, and conclusive evidence was led to establish factum of such ownership and such claim(s) was in respect of the vessel's cargo and ancillary issues thereto, then suit would be maintainable under S. 3 of the Admiralty Jurisdiction of High Courts Ordinance , 1980. Khan Mamdot's case PLD 1971 SC 550 and Book Payne's Carriage of Goods by Sea 7th Edn. ref. Dabinovic's case 1993 MLD 1587 distinguished. Compagnie's case PLD 1986 Kar. 447 rel. (b) Admiralty Jurisdiction of High Courts Ordinance (XLII of 1980)-- ----Ss. 3 & 4---Merchant Shipping Ordinance, 2001 (LII of 2001) Ss. 549, 550 & 551---Admiralty Jurisdiction of the High Court---Determination of claims under the said jurisdiction---Award of damages---Precedence of claims---Maritime liens---Liens for wages of crew and master of a vessel---Claims of the Port Authority to have priority---Scope---Under Admiralty Jurisdiction of the High Court, there were two kinds of damages, either general or special---Special damages were only to be awarded when a party successfully proved actual losses suffered---General damages could be rewarded by invoking rule of thumb if circumstances so warranted---Wages of crew and master of a vessel were covered under Ss. 549, 550 & 551 of the Merchant Shipping Ordinance, 2001 and such category of claims were a "maritime lien", which was charge on the res (vessel) and travelled with such vessel---Such claim had precedence over claim of a mortgagee of a vessel---Charges / dues of a Port Authority were to be ranked at top of all claims provided that such Port Authority had acted diligently. Abdul Majeed Khan v. Tawseen Abdul Haleem 2012 CLD 749; Bourbon's case 2018 SCMR 1828; Twaha' case PLD 1982 Kar. 749; Hgong Leong's case PLD 1991 SC 1022 rel. THIS JUDGMENT PASSED BY: MUHAMMAD FAISAL KAMAL ALAM, JUSTICE:---.--- The present action at law has been preferred by Plaintiff against the Defendants with the…

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