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Report No. 151

2.8. Present scope limited.-

Admiralty law, in its wide meaning, comprehends the entire law of the sea. It covers areas included in special statutes such as the Indian Bills of Lading Act, 1856, the Indian Carriage of Goods by Sea Act, 1925, the Merchant Shipping Act, 1958, the Multimodal Transport Act, 1993 and also by general statutes, such as the Marine Insurance Act, 1963, the Indian Contract Act, 1872, the Evidence Act, 1872, the Indian Penal Code, 1860, the Criminal Procedure Code, 1973 and the Companies Act, 1956;
it also covers areas dominated by common law and general principles of law such as the law of torts, public and private international law, it further covers matters connected with ports such as the Indian Ports Act, 1908 and the Major Ports Act, 1963;
it also encompasses matters dealt with by the Customs Act, 1962 containing various regulatory measures affecting ships, goods and persons in connection with importation or exportation of goods; it also includes the statutory provisions touching upon maritime boundaries1 and those governing employment and labour and the like. T

he task of consolidating the law applicable to all the areas is a monumental one and cannot be tackled effectively, in all its comprehensiveness, within a short span of time. The Commission is of the view that the more practical and reasonable approach will be to codify the law in stages. The Commission first proposes to address itself only to the codification of the law pertaining to the jurisdiction in Admiralty matters. This report is, therefore, confined to issues pertaining to "Admiralty Jurisdiction".

1. Jt 1992 (2) SC 65.

Admiralty Jurisdiction Back

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