Law: Admiralty Courts Act, 1861

Section: 5,35

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

Section: R.731

(a) Admiralty Courts Act, 1861 S. 5-- Words and phrases---"Furnace oil" prima facie comes within expression of "necessaries" [Words and phrases]. D'Vora Socony Bunker Oil Co. Ltd. v. Owners of s. s. D'Vora of Haffa (1952) 2 All E L R 1127 and In re : West Friesland 1859 Swabey 454 ref. (b) Admiralty Courts Act, 1861 S. 5 Presumption Necessaries, supply of Prima facie presump¬tion on credit Such presumption, held, rebuttable Normal practice. [Presumption]. In the modern days it is normal practice to supply necessaries to a foreign ship which has the local agent on the credit of such agent acting either upon the general instructions or upon the specific authority of the owners. Foong Tai & Co. v. Budhheister & Co. 1908 A C 458 ; The Twentje's case (1859) 13 Moo. P C 185 ;In re : The Underwriter's case 1 Asp. 127 ; Heiwa 4`. Maru v. Bird & Co. A I R 1923 Rang. 163 ; Foong Tai v. Buchhelster 1908 A C 458 ; Mogileffs case 1921 P. 236 and In re : The West Friesland 1859 Swa 454 ref. (e) Sind Chief Courts Rules (O. S.) . . R. 731 and Admiralty Courts Act, 1861, S. 35 Action in rein and action in personam Supplies made on credit Suit in rein not maintainable Contention that action not only to rein but also in personam Held, an action on necessaries in admiralty jurisdiction proceeding both to rein and in personam not maintainable. Foong Tai & Co. v. Buchheister & Co. 1908 A C 458 ref. THIS JUDGMENT DELIVERED BY: NAIMUDDIN, JUSTICE---.--- Pakistan Burmah Shell Limited have brought this suit in the Admiralty jurisdiction of this Court for the recovery of U. S. 83,930 plus Pak. Rs. 434 equal to Pak. Rupees 39.734 with costs and interest on account of 50.73 metric tons of furnace oil allegedly supplied by them to s. s. Phoenix defendant 1 at the request of Capt. Yousuf Kazi defendant 3 doing business under the name and style of the International Shipping Agency. The plaintiff have also joined the owner of the ship and its Director, namely Captain D. N. Zourdos, of Stanmar Compania Maritime S. A., a company having their place of business at Piraeus, Greece, and their local agents, Pioneer Shipping Agencies Limited, as parties to the suit. It is the case…

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