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Report No. 151

7.5. Law Ministry's Comments.-

The report of the Committee was considered in the Law Ministry which appears to have raised certain queries:

(1) Whether certain other causes could not be included within the jurisdiction of the Admiralty Courts;

(2) Whether the Admiralty Courts would have jurisdiction over hovercraft as well;

(3) Whether any limitation would be prescribed for filing maritime claims;

(4) Whether the Acts of 1861,1890 and 1891 did not have to be repealed, and if so, whether a single enactment clubbing the provisions of the two proposed legislations after the details are worked out would not be adequate;

(5) Whether the provisions of the proposed legislation will need amendment to the existing statutes, viz., the Carriage of Goods by Sea Act, 1925, the Merchant Shipping Act, 1958 and the Major Port Trusts Act, 1963;

(6) Whether the proposed legislation would necessitate the repeal of the Admiralty Jurisdiction (India) Act, 1860 and the Admiralty Offences (Colonial) Act, 1849 dealing with the admiralty offences; and

(7) Whether the proposed legislations need any review in the light of the decision of the Supreme Court in Elizabeth's case, JT 1992 (2) SC 65. It appears that some correspondence has ensued between the two concerned Ministries and that the matter is under consideration still with no final decision taken yet.



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