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Report No. 151

Admiralty Jurisdiction

Contents
Chapter 1 Introduction
Introduction
Chapter 2 General Background
General Background
Position in India
Unsatisfactory State of the law
Present scope limited
Chapter 3 Historical Development of Admiralty Jurisdiction in England
Historical Development of Admiralty Jurisdiction in England
E.E.C. Convention
Chapter 4 Development of the Admiralty Jurisdiction in India
Development of the Admiralty Jurisdiction in India (1)
Development of the Admiralty Jurisdiction in India (2)
Chapter 5 International Conventions
International Conventions
Major International Conventions
Technical and Operational Conventions
Telecommunication Conventions
Sanitary Conventions
Employment, Welfare and Status of Seamen
Unification of private Maritime Law
Law of the Sea
The U.N. Convention of the Law of the Sea, 1982
Chapter 6 International Conventions and India's Status1
International Conventions and India's Status1
Conventions already ratified by India
Conventions under consideration
Other International/U.N. Conventions
Chapter 7 Steps for Updating the Law
Steps for Updating the Law
Parveen Singh Committee
Committee on Admiralty Jurisdiction
Committee's views on courts exercising Admiralty Jurisdiction
Law Ministry's Comments
The Law Commission's task
Chapter 8 Nature and Scope of Admiralty Jurisdiction
Nature and Scope of Admiralty Jurisdiction (1)
Nature and Scope of Admiralty Jurisdiction (2)
Chapter 9 Admiralty Courts
Admiralty Courts (1)
Admiralty Courts (2)
Chapter 10 Conclusions and Recommendations
Conclusions and Recommendations (1)
Conclusions and Recommendations (2)
Annexure I The Admiralty Offences (Colonial) Act, 1849
Trial of Admiralty offences in colonies
Interpretation, of "colony"
Annexure II The Admiralty Jurisdiction (India) Act, 1860
Applicability of principal Act to British India and British Burma
Proceedings in case of persons entitled to be tried by the Supreme Court of a Presidency
Annexure III Admiralty Court Act, 1861
Short title
Interpretation of terms
Proceedings where a claim is made to goods taken in execution
Party in Court of Admiralty may apply for an order for inspection by Trinity Masters, and c
Powers of Registrar and of Deputy or Assistant Registrar
Registrar may administer oaths
Bail may be taken in the Court of Admiralty for the Court of appeal and c
Hearing of Cross Cases
Annexure IV Colonial Courts of Admiralty Act, 1890
Colonial Courts of Admiralty Act, 1890
Power of Colonial Legislature as to Admiralty Jurisdiction
Reservation of Colonial Law for Her Majesty's assent
Local Admiralty Appeal
Admiralty Appeal to the Queen-in-Council
Rules of Court
Droits of Admiralty and of the Crown
Power to establish Vice-Admiralty Court
Power to appoint a Vice-Admiral
Exception of Channel Island and other possession
Application of Act to Court under Foreign Jurisdiction Acts
Rules for Procedure in Slave Trade matters
Orders-in-Council
Interpretation
Commencement of Act
Abolition of Vice-Admiralty Courts
Annexure V Draft Admiralty Act of India, 1987
Chapter 1 Preliminary
1. Short title, commencement and application
2. Definitions
Chapter II Admiralty Jurisdiction and Other Provisions as to Ships
3. Admiralty Jurisdiction of the Court
4. Mode of exercise of Admiralty Jurisdiction
5. Jurisdiction in personam
6,7. Jurisdiction for Wages
8. Vesting of right on sale of ship
9. Power to make rules
10 Maritime Liens
11. Order of Priority of Claims
Annexlire VI Draft Admiralty Courts Act, 1987
Preamble
Annexure VII Government of India
Ministry of Surface Transport
Annexure VIII Admiralty Act, 199
Chapter I Preliminary
1. Short title and commencement
2. Definition
Chapter II Jurisdiction of Courts
3. Courts to exercise civil jurisdiction
4. Transfer of actions from one High Court to another
5. Admiralty Jurisdiction
6. Mode of exercise of admiralty jurisdiction
7. Jurisdiction in personam
8. Discretion of Court
9. Supplementary provisions
10. Vesting of rights on sale of ship
11. Distribution of sale proceeds
12. Order of Priority of Claims
13. Maritime Lien
14. Procedure in respect of foreign ships
Chapter III Procedure and Appeals
15. Code of Civil Procedure to apply
16. Assistance of Assessors
17. Reference to Arbitration
18. Appeals
Chapter IV Miscellaneous
19. Power to make rules
Chapter V Repeals & Savings
20. Repeals and Savings


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