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ARTICLE · 25 JANUARY 2021

Bombay High Court Admiralty Jurisdiction Rules: An Update

Phoenix Legal
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The Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, repealed all the prevalent legislations i. e. the Admiralty Court Act, 1840, the Admiralty Court Act, 186...

IndiaTransport

The Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, repealed all the prevalent legislations i. e. the Admiralty Court Act, 1840, the Admiralty Court Act, 1861, the Colonial Courts of Admiralty Act, 1890 and the Colonial Courts of Admiralty (India) Act, 1891 and thereby brought about some significant changes to the manner in which maritime disputes are adjudicated while bringing uniformity with the International Conventions. Prior to the Act of 2017, the Chartered Court in India i. e. Bombay and Calcutta enjoyed PAN India jurisdiction, which meant that the ship within the Territorial waters of any other states was still amenable to the Admiralty Jurisdiction of Bombay and Calcutta High Courts. This changed under the Act of 2017. Now, High Court of Indian Coastal states in whose jurisdiction the vessel is plying will now have Jurisdiction. The Act further designates power to the respective High Courts to frame their own rules and procedures to govern

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