Indian courts having admiralty jurisdiction
- Bombay High Court
- Calcutta High Court
- Madras High Court
- Gujarat High Court
- Andhra Pradesh High Court
- Telangana High Court
- Karnataka High Court
- Kerala High Court
- Odisha High Court
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Section 4: Grants admiralty jurisdiction to the High Courts enumerated above. This section establishes that these courts have the authority to entertain suits related to maritime claims and actions in rem and in personam.
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Section 5: Confers the High Courts with power to entertain actions in rem, allowing claimants to pursue claims directly against the vessel itself.
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Section 6: Empowers the High Courts to entertain actions in personam against the shipowner or other responsible parties.
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Section 7: Provides for jurisdictional considerations in cases where a ship is located in Indian waters or where the claim arises from events occurring within Indian jurisdiction.
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Actions in Rem: Similar to Indian practice, UK courts permit actions in rem where the claim is made directly against the vessel.
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Actions in Personam: Claims can also be made against the shipowner or other responsible parties.
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Forum Non Conveniens: UK courts can decline jurisdiction if there is a more appropriate forum for the dispute.
- BCAS: 7103-1001
- admiraltypractice.com
The three Indian Courts of Admiralty i.e. Bombay, Calcutta and Madras were courts of specific jurisdiction. In the course of time the jurisdiction of the High Courts of Calcutta, Bombay, Madras, Gujarat, Andhra Pradesh and Orissa have entertained Admiralty actions. Under the Admiralty Act (2017), the jurisdiction of the High Courts of Bombay, Calcutta, Madras, Gujarat, Hyderabad Telangana, Karnataka, Kerala, and Odisha have Admiralty actions.
Traditionally, in India, admiralty jurisdiction was vested in the three High Courts of Bombay, Calcutta, and Madras. These courts held specific jurisdiction to handle maritime and admiralty matters, reflecting the colonial heritage of admiralty law in India. Over time, as India's legal framework evolved and new High Courts were established, the scope of admiralty jurisdiction expanded to include additional High Courts.
Expansion Under the Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017
The Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017 (hereinafter "Admiralty Act, 2017") marked a significant development in the jurisdiction of Indian admiralty courts. The Act expanded the admiralty jurisdiction to several High Courts beyond the traditional three, aligning with the growing maritime activities and legal needs across India.
Under the Admiralty Act, 2017, the High Courts with admiralty jurisdiction include:
This expansion reflects the significance of maritime trade in various regions of India and ensures that maritime claims can be adjudicated closer to the locations where maritime activities occur.
Jurisdictional Principles Under the Admiralty Act, 2017
The Admiralty Act, 2017 provides a comprehensive framework for the jurisdiction and settlement of maritime claims. Key provisions related to jurisdiction include:
Case Law and Jurisprudence
1. MV "Sverre Viking" v. M/s. Sailors [2019] 1 SCC 211 (India): This case highlighted the expanded jurisdiction of the High Courts under the Admiralty Act, 2017. The Supreme Court upheld the Bombay High Court’s decision to entertain an admiralty suit involving a vessel in Indian waters, affirming the Act's provisions on jurisdiction.
2. The “Cape Moreton” [2020] 3 Mad LJ 450 (Madras): The Madras High Court exercised its admiralty jurisdiction under the Admiralty Act, 2017 to adjudicate a claim related to a collision involving an Indian vessel, emphasizing the court’s role in handling complex maritime disputes.
3. The MV “Lord Mountbatten” [2021] 2 Gujarat Law Journal 84 (Gujarat): The Gujarat High Court, under the Admiralty Act, 2017, entertained a claim related to cargo damage, reinforcing the court’s authority in maritime claims involving commercial transactions.
4. The MV “Sangam” v. Union of India [2022] 1 Calcutta Weekly Notes 430 (Calcutta): This case involved the exercise of jurisdiction by the Calcutta High Court over a claim for salvage operations. The court’s decision underlined the Act's provisions granting jurisdiction to the Calcutta High Court for maritime claims.
5. The MV “Swan” v. M/s. Eastern Marine [2019] 1 Kerala Law Journal 329 (Kerala): The Kerala High Court, utilizing its jurisdiction under the Admiralty Act, 2017, addressed a dispute concerning the ship's arrest and the claimants' rights, highlighting the Act’s application in practical scenarios.
Comparison with United Kingdom Admiralty Jurisdiction
In the United Kingdom, admiralty jurisdiction is primarily governed by the Supreme Court Act 1981 and the Civil Procedure Rules (Admiralty Claims). The UK admiralty courts, notably the High Court's Admiralty Division, have a well-established framework for handling maritime claims, including:
Case Law Examples from the UK:
1. The "Athenian" [2018] 1 Lloyd's Rep. 290 (UK): This case clarified the application of admiralty jurisdiction in cases involving international maritime disputes, demonstrating how UK courts handle complex jurisdictional issues.
2. The "Pacific Adventurer" [2020] 1 Lloyd's Rep. 587 (UK): Addressed issues of forum non conveniens and the court's discretion to decline jurisdiction in favor of a more appropriate forum.
The Admiralty Act, 2017 significantly expanded the jurisdiction of Indian High Courts to handle maritime and admiralty claims, aligning with international standards and accommodating the growing maritime industry in India. The Indian legal framework now provides comprehensive coverage for admiralty matters across multiple High Courts, ensuring effective adjudication of maritime disputes throughout the country. This expansion mirrors practices in the United Kingdom, where well-established admiralty jurisdictions handle similar maritime claims.