Law:

Section:

Courts of Admiralty (Pakistan) Act (XVI of 1891)---- .-----Admiralty Courts Act, 1861 Admiralty jurisdiction Maritime lien ¬Orders passed by Martial Law authorities permitting consignees to off load cargo Backed by no legal sanction, though made in good faith to protect interest of shippers of cargo including perishable items, like rice Orders of Martial Law authorities, hence, held, have no legal effect on rights of pasties under relevant law. ORDER ANWARUL HAQ, C. J. The petitioners firm is the owner of a seagoing vessel named s. s. Phoenix, with its Head Office in Piracus in Greece. This vessel stands arrested under the orders of the High Court of Sind in Admiralty Suit No. 105 of 1977 filed by one Captain Yousif Gazi. His firm International Shipping Agency, Kararchi had been appointed as its Agent by the petitioners, but as the said firm was not registered in accordance with law, it was substituted by Pioneer Shipping Agency. The agent booked cargo for shipment on board the vessel in question and had issued bills of lading even before the arrival of the vessel. As the ship could not sail due to various reasons, the petitioners issued a public notice on 15 2 77 inviting the consignees to off load their cargo. It appears that satisfactory arrangements could not be arrived at between the petitioners and the consignees of the cargo, with the result that the consignees approached the local Martial law Authorities, and on 15 8 1977, the Sub Martial Law Administrator issued an order permitting the consignees to off load the cargo. The petitioner filed an appeal before the Zonal Martial Law Administrator, which was rejected on the 26th of September, 1977. The petitioners challenged the orders of the Martial Law Authorities by filing a writ petition in the High Court on the 22nd of October, 1977, which was dismissed by a Division Bench on the 25th of October, 1977. In the meantime the goods were off loaded on the 24th of October, 1977. It was contended in the High Court that the petitioner No. 1 had instituted a suit in a Court in Greece and obtained a declaration and confirmation of its lien on the cargo on board the vessel at Karachi, and the object of the writ…

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