Chapter 5

Tenth Edition (2017)

Damage received by any Ship or Sea-Going Vessel

Damage received by any ship or sea-going vessel whether such ship or vessel may have been within Indian waters or upon high seas at the time when the damage was received . The damage need not have been the product of a collision, however damage was required to have been received by 'a ship or a sea going vessel', and the jurisdiction did not extend to claims for damage received by the cargo or other property. The jurisdiction extends to ships of all nationalities and without territorial limitation as to where the damage occurred.

Court of Admiralty to have jurisdiction to decide all questions as to the title to or ownership of any vessel, or the, proceeds thereof remaining in the registry, arising in any cause of possession, salvage, damage, wages, or bottomry, which shall be instituted in the said Court.

Court to have jurisdiction to decide all claims and demands whatsoever in the nature of salvage for services rendered to or damage received by any ship or sea-going vessel, or in the nature of towage, or for necessaries supplied to any foreign ship or sea-going vessel, and to enforce the payment thereof, whether such ship or vessel may have been within the body of a county or upon the high seas at the time when the services were rendered, or damage received, or necessaries furnished, in respect of which such claim is made.

 
BCAS: 7103-1001
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