Admiralty Maritime & Ship Arrest procedure is very important to know for everyone particularly those who are in shipping business and the admiralty lawyer. Bangladesh is surrounded by rivers and seas. Therefore, the laws in relation to admiralty, maritime and ship arrest is important to know all citizens. The law on Admiralty and maritime can be traced back since the Admiralty Courts Act 1840. Thereafter, over the time, law has developed with Admiralty Court Act, 1861, The Courts of Admiralty Act, 1891 and Admiralty Rules 1912. Now in Bangladesh, Admiralty Courts Act 2000 deals with all issues in relation to admiralty. This article will focus on Admiralty Maritime & Ship Arrest law, admiralty court jurisdiction, enforcement of jurisdiction ans court fees.
Admiralty Maritime & Ship Arrest Court
The High Court Division of Supreme Court of Bangladesh has an original jurisdiction to deal with the cases of admiralty. It extends to ships or vesselsanchored at any port of Bangladeshi.
Admiralty Court Jurisdiction:
The Admiralty Court shall have jurisdiction to hear and determine any of the questions or claims in relation to : the possession or ownership of a ship, question as to possession, employment or income of that ship, claim on mortgage of or charge on a ship or any share therein, claim for damage done by a ship, any claim for damage received by a ship;, claim for loss of life or personal injury, any claim for loss of or damage to goods carried in a ship, any claim arising out of any agreement relating to the carriage of goods in a ship or to the use or hire of a ship, any claim in the nature of salvage of life from a ship, any claim in respect of towage of a ship or an aircraft, any claim for forfeiture or condemnation of a ship or of goods
Mode of exercise:
The admiralty jurisdiction of High Court Division may be exercise by way of, in personamandaction in rem with some conditions.The Admiralty Jurisdiction of the High Court Division as the Court of Admiralty may be exercised through an action in rem against the ship, aircraft or property.
Institution of Suit :An action or a suit before the High Court Division shall be instituted by a plaint drawn up, subscribed and verified according to the Code of Civil Procedure, 1908. As per section 7 of Admiralty Act 2000, the maximum court fee for Admiralty suits is Taka.1, 00,000 (One Lac), except the claims by the master or seamen for wages earned on board.
Enforcement of Judgment:
The Hon’ble Court upon satisfaction on a well-founded case may enforce the payment of judgment by attachment against the party on whose behalf a caveat has been entered, and by the arrest of the property if no caveat has been entered. An order of sale by the Hon’ble court will be conducted by the Marshal in a manner as a sale of moveable property in execution of a decree in an ordinary civil suit, unless the Hon’ble Court otherwise orders. In practice, if bank guarantee is provided, it will be en-cashed in favour of the judgment-debtor. Foreign judgments and arbitration awards are also enforceable by the Hon’ble Court.
Counsels Law Partners CLP, a full service law chamber in Dhaka Bangladesh is one of leading Law Firm having an expertise on Admiralty, Maritime, ship Arrest Procedure and related legal services. If you have any queries please contact us:
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