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

Section: 4,3

(a) Admiralty Jurisdiction of High Courts Ordinance (XLII of 1980) S.4 Exercise of Admiralty jurisdiction in rem Scope ¬Admiralty jurisdiction can be invoked against the Ship or vessel if at the time when action is brought majority shares in the ship are beneficially owned by a person against whom action in personam is maintainable. (b) Admiralty Jurisdiction of High Courts Ordinance (XLII of 1980)--Ss. 3 & 4 Recovery of damages on breach of charter¬-party alone Suit in rem Maintainability Contention of the plaintiffs was that since they were endorsee of the Bill of Lading duly signed by the Master of vessel, prima facie, it presupposes a contract between the Master on behalf of the vessel owner and the plaintiffs, therefore, the suit was maintainable in rem against the vessel Validity ¬Contention of the plaintiffs was true as it was the principal agreement of affreightment between the Shippers and Master of Vessel, without there being any knowledge of intermediatory Charter party Such proposition was not true in case where tile Bill of Lading obtained by sub¬-charterer from the Master of Vessel was issued under time charter Shipper, in the present case, who was also voyage or sub charter had endorsed the Bill of Lading in favour of the plaintiffs Where the shipper himself was the charterer then the Bill of Lading in the hands of the charterer was merely a receipt for goods and such receipts, even if endorsed, as in the present case in favour of the consignee it would not change its complexion and would remain a receipt of goods Endorsee in such case would step into shoes of the shipper and would be liable to and entitled for all such obligations and rights in relation to affreightment contract as might be available to the shipper who incidentally in this case was also charterer of the vessel ¬Generally where the Bill of Lading was signed by the Master, presumption would be that Bill was owner's Bill ¬Such presumption indeed was rebuttable where it was successfully demonstrated or admitted by the plaintiffs that Bill of Lading had been signed by the Master was in fact, on behalf of the charterer was intended to take effect as the charterer Bill High Court…

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