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

Section: 3(2)(r)

Law: Constitution of Pakistan, 1973

Section: 175(2)

Law: Civil Procedure Code (V of 1908)

Section: S.151,O.III,R.4

(a) Admiralty Jurisdiction of the High Courts Ordinance (XLII of 1980)--- ----S. 3(2)(r)---Civil Procedure Code (V of 1908), O.III, R.4 & S.151---Admiralty suit---Admiralty jurisdiction of High Court---Scope and extent---Application under O.III, R.4 read with S.151, C.P.C. with prayer that Court may direct that applicant's (advocate's) fees be paid from out of the sale proceeds lying in the hands of Official Assignee, held as security for satisfaction of the and decree passed in Admiralty suit in favour of intervenors---Validity---Admiralty jurisdiction could be exercised in a case, in which there was a maritime lien---Such jurisdiction was only confined to the things done at sea---Such things to be construed as things done at sea which involved salvage operations and other activities and services which a vessel might require while at sea---Such appeared to be the only jurisdiction that was to be saved by S.3(2)(r), Admiralty Jurisdiction of High Court Ordinance, 1980---Services rendered by the applicant (advocate) would not amount to things done at sea and in any case applicant had not rendered any service for the vessel---Principles. Azhar Ahmed Khan v. M.V. Ashar PLD 1985 Quetta 278 rel. PLD 2000 SC 57; Principles of Maritime Law by Susan Hodges and Christopher Hill page 521; The Dirigo (1920) P 425, British Shipping Laws Volume 14; Maritime Liens by D.R. Thomas page 260; The Paris (1896) P.77; Union of India v. Radhey Shyam (AIR 1979 Rajasthan 137); Kuttikrishna Menon v. Cochin Mercantile Ltd. (1962) 32 Company Cases 378 and Hitachi Ltd v. Rupali Polyester 1998 SCMR 1618 ref. (b) Admiralty Jurisdiction of the High Courts Ordinance (XLII of 1980)--- ----S. 3(2)(r)---Constitution of Pakistan (1973), Art.175(2)----Admiralty jurisdiction of High Court---Scope and extent---Principles of common law or equity and good conscience cannot confer jurisdiction on the Courts in Pakistan which has not been vested in them by law---Principles of English Common Law or equity or good conscience, therefore, cannot be pressed into service in Pakistan as having statutory force. Azhar Ahmed Khan v. M.V. Ashar PLD 1985 Quetta 278 fol. THIS JUDGMENT DELIVERED BY: GULZAR AHMED,…

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