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

Section: 3,4

(a) Admiralty Jurisdiction of High Courts Ordinance (XLII of 1980)---Ss. 3 & 4---Admiralty suit---Action in rem and personam joined in one suit---Suit was maintainable. 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 fol. (b) Admiralty Jurisdiction of High Courts Ordinance (XLII of 1980)--- ----Ss. 3 & 4(4)---Invoking of Admiralty jurisdiction of High Court---Facts essential to be pleaded by plaintiff stated. In applying section 4(4) of Admiralty Jurisdiction of High Courts Ordinance, 1980, one has to take into consideration the existing facts at the time when cause of action arose in connection with offending ship. In order to invoke the jurisdiction, the plaintiff has to plead that: (a) the claim falls in any of the clauses (e) to (h) and (j) to (q) of subsection (2) of section 3 and arises in connection with a ship; (b) when the cause of action in personam arose; (c) the person liable in an action in personam at the time when such cause of action arose, was the owner or charterer of or in possession or in control of the offending ship; (d) the offending ship or any other ship when is sought to be arrested at the time when action is brought is beneficially owned as respect of majority shares by the person liable on the claim is an action in personam. (c) Admiralty Jurisdiction of High Courts Ordinance (XLII of 1980)--Ss. 3 & 4--Admiralty suit for damages against owner of offending ship---Sister ship of offending ship, arrest of---Scope---Person liable for claim in an action in person am, if beneficially owned majority shares in sister ship at time of accrual of cause of action, only then action in rem for arrest of sister ship could be filed. Yukong Ltd. v. M.T. Eastern Navigator PLD 2001 SC 57; Union Council v. Associated Cement (Pvt.) Ltd. 1993 SCMR 468; Central Insurance Co. v. M.T. Tasman Spirit SBLR 2004 (Sindh) 414; Nazar Muhammad v. Ali Akbar PLD 1989 Kar. 635; Pak American Fertilizers Ltd. Mianwali v. Amir Abdullah Khan and another 1984 CLC 2170; Atlantic Steamer's Supply Company v. M.V. Titisee and others PLD 1993 SC 894;…

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