Law: Contract, Act, 1872

Section: 73

Law: Specific Relief Act, 1877

Section: 42

(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 Iftikhar Hussain Khan of Mamdot v. Messrs Ghulam Nabi Corporation Ltd. Lahore PLD 1971 SC 550 and Book Payne's Carriage of Goods by Sea, 7th Edition ref. Dabinovic (Monaco) S.A.M. Authorised Agent of Nafin Naviera-y Financiera LTDA, San Jose (Costa Rica) v. m.v. Pluton 1, Yugoslavian Flag through its Captain and 2 others 1993 MLD 1587 distinguished. Compagnie Continentale (France) S. A. v. Pakistan National Shipping Corporation and 2 others 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…

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