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

Section: 4

(a) Admiralty Jurisdiction of High Courts Ordinance (XLII of 1980)---Ss. 4 & 57---Pakistan Merchant Shipping Ordinance (LII of 2001), S.17---Short landing of consignment-Arrest of ship--- Beneficial ownership--- Proof--- Action in personam--- Special and general law--- Factual controversy---Plaintiff sought arrest of two ships in lieu of ship against which there was a cause of action and it was alleged that defendant was beneficial owner of the ship---Validity---For arresting of ship that it should be beneficially owned, as respects majority shares by person against whom the claim was in personam---Such test of beneficial ownership of majority shares was required to be established for a sister ship---Provisions of Admiralty Jurisdiction of High Courts Ordinance, 1980, was a special law and the same could not be overreached by Pakistan Merchant Shipping Ordinance, 2001, which was a general law--- Provisions of S.57 of Admiralty Jurisdiction of High Courts Ordinance, 1980, only spoke of beneficial interest and not that of a beneficial owner---There was no beneficial interest of defendant in ship to be arrested, thus such provisions had no application---Question of short landing of consignment was the matter of disputed facts which needed to be established by evidence and the owner of offending ship having been joined as defendant in Admiralty suit, therefore, such aspect of the matter could be decided after evidence was led by the parties---Plaintiff failed to make out a case for arrest of ship and Single Judge of High Court had rightly dismissed the application for arrest of ship---Division Bench of High Court declined to interfere in the order passed by Single Judge of High Court---High Court appeal was dismissed in circumstances. Messrs V.N. Lakhani and Company v. M.V. Lakatoi Express and 2 others PLD 1994 SC 894; Central Insurance Company Ltd. and others v. M.T. Tasman Spirit and others 2004 CLD 695; Messrs Maratos and Co. v. Rice Trader and 2 others PLD 1989 Kar. 94; Union Council, Ali Wahan, Sukkur v. Associated Cement (Pvt.) Limited 1993 SCMR 468; Nippon Yusen Kaisha (NYK) Lines v. Messrs MSC Textiles (Private) Limited and 6 others PLD 2008 Kar. 244;…

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