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Report No. 151

7. Jurisdiction in personam.-

(1) This section applies to any claim for damage, loss of life or personal injury arising out of-

(a) a collision between ships; or

(b) the carrying out of, or omission to carry out, a manoeuvre in the case of one or more of two or more ships; or

(c) non-compliance, on the part of one or more of two or more ships, with the collision regulations.

(2) Subject to the provisions of any law a Court in India having Admiralty jurisdiction shall not entertain any action in personam as against any defendant, unless:-

(a) the defendant or all the defendants (where there are more than one), at the time of the commencement of the action, actually and voluntarily reside or carry on business or personally work for gain in India:

Provided that an action can be entertained where there are more defendants that one who, at the time of the action, do not actually and voluntarily reside or carry on business or personally work for gain in India either if the leave of the court is given for, or each of such defendants acquiesces in, such institution; or

(b) the cause of action wholly or in part arose in India including inland waters of India or within the limits of a port of India; or

(c) an action arising out of the same incident or series of incidents is proceeding in the court or has been heard and determined by the court; or

(d) a ship is beneficially owned or chartered by demise by the defendant has been arrested and those proceedings are pending.

(3) The Court shall not entertain any action in personam to enforce a claim to which this section applies until any proceedings previously brought by the plaintiff in any court outside India against the same defendant in respect of the same incident or series of incidents have been discontinued or have otherwise come to an end.

(4) Sub-sections (2) and (3) shall apply to counterclaims (except counter claims in proceedings arising out of the same incident or series of incidents) as they apply to actions, the reference to the plaintiff and the defendant being for this purpose read as reference to the plaintiff on the counterclaim and the defendant to the counterclaim respectively.

(5) Sub-sections (2) and (3) shall not apply to any action or counterclaim if the defendant thereto submits or has agreed to submit to the jurisdiction of the Court.

(6) Subject to the provisions of sub-section 3, the Court shall have jurisdiction to entertain an action in personam to enforce a claim to which this section applies whenever any of the conditions specified in sub-section (2)(a) to (d) is satisfied and the rules of court relating to the service of process outside the jurisdiction shall make such provision as may appear to the rule-making authority to be appropriate having regard to the provisions of this sub-section.

(7) Nothing in this section shall prevent an action which is brought in accordance with the provisions of this section in the High Court from being transferred, in accordance with the enactments in that behalf, to some other court.



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