Law: Admiralty Jurisdiction of High Courts Ordinance (XLII of 1980)

Section: 3,3(2)(g),3(2)(h),4(4)

Law: Sindh Chief Court Rules (O.S.)

Section: R.731

Law: Civil Procedure Code (V of 1908)

Section: O.XXXIX,R.1,2

(a) Admiralty Jurisdiction of High Courts Ordinance (XLII of 1980)--- ----Ss. 3(2)(g), 3(2)(h) & 4(4)---Claim for loss of or damage to goods carried in a ship---Claim arising out of any agreement relating to the carriage of goods in a ship or to the use or hire of a ship---Any claim under the Admiralty jurisdiction of the High Court, which fell within the ambit of Ss.3(2)(g) & 3(2)(h) of the Admiralty Jurisdiction of High Courts Ordinance, 1980 read with S. 4(4) thereof could be entertained by the Court even in the absence of the ship-owner or the charter party in question. (b) Admiralty Jurisdiction of High Courts Ordinance (XLII of 1980) --- ----S. 3---Claims in rem and personam---Maintainability---Such claims were simultaneously maintainable under the Admiralty jurisdiction of the High Court. C.V. "Lemon Bay" v. Sadruddin and others 2012 SCMR 1267 ref. (c) Admiralty Jurisdiction of High Courts Ordinance (XLII of 1980) --- ----S. 3---Bill of Lading---Scope---Bill of Lading was signed by the ship owner, or by the Master or other Agent of the ship owner; it was an acknowledgment of the receipt of the cargo mentioned therein; it contained particulars relating to the goods as in their quantity, condition, as well as identification marks, if the same was in packed condition --- In any case it was a receipt of goods shipped---Bill of Lading was conclusive evidence of shipment in the hands of the consignee or the endorsee, as the case may be, as against the Master or any other person signing the same---Consignee who was a holder of the Bill of Lading was always under an expectation that he was entitled to proceed against the ship or its owner in the event of loss or damage to his goods. (d) Admiralty Jurisdiction of High Courts Ordinance (XLII of 1980)--- ----S. 3---Civil Procedure Code (V of 1908), O.XXXIX, Rr.1 & 2---Sindh Chief Court Rules (Original Side), R.731---Arrest of vessel, application for---Nature---Application for arrest of a vessel filed in terms of R.731 of the Sindh Chief Court Rules (Original Side) read with the Admiralty Jurisdiction of the High Court, was not an injunction application at par with and under an application of injunction in terms of…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492