The law about Admiralty time can be traced back to the Admiralty Courts Act of 1840. After that, the Act was developed with the Admiralty Court Act of 1861, The Courts of Admiralty Act of 1891, and the Admiralty Rules of 1912. Now in Bangladesh, Admiralty Courts Act 2000 deals with all issues about admiral admiralty

 

Admiralty Maritime Ship Arrest Legal Services in Bangladesh

 

Admiralty maritime ship arrest legal services involve the process of legally detaining a ship in order to secure a claim against it. This can include claims for unpaid debts, damage to cargo, or other maritime-related disputes. These services are typically provided by legal professionals with experience in admiralty law and international maritime law and may involve working with local courts, government agencies, and other legal authorities. The process of ship arrest typically begins with filing a complaint and a warrant for the arrest of the ship by the creditor, followed by the physical arrest of the boat by a marshal. The vessel’s arrest creates a lien on the ship and prevents it from leaving port until the dispute is resolved. The arrested ship can be sold in an auction to pay off the debts if the disputes are not fixed.

 

Admiralty Court

 

The High Court Division of the Supreme Court of Bangladesh has an original jurisdiction to deal with admiralty casesAdmiraltynds to ships or vessels anchored at any port in Bangladesh. 

Admiralty Ship Arrest in Bangladeh

 

Admiralty Court Jurisdiction

 

The Admiralty Court shall have jurisdiction to hear and determine any of the questions or claims about (a)  the possession or ownership of a ship (b)   any question arising between the co-owners of a ship as to possession, employment or income of that ship;(c) any claim in respect of a mortgage of or charge on a ship or any share therein;(d)   any claim for damage done by a ship;(e)  any claim for damage received by a ship;(f) any claim for loss of life or personal injury sustained in consequence of any defect in a ship(g) any claim for loss of or damage to goods carried in a ship;(h) any claim arising out of any agreement relating to the carriage of goods in a ship or the use or hire of a boat;(i)  any claim like salvage of life from a boat (j) any claim in respect of towage of a vessel or an aircraft;(k) any claim for forfeiture or condemnation of a vessel or of goods. 

 

Mode of exercise

 

The admiralty jurisdiction of the High Court Division may be exercised personally and action in rem with some conditions. The Admiralty Jurisdiction of the High Court Division as the Court of Admiralty may be exercised through an action 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 the 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.

 

Admiralty Maritime Ship Arrest Legal Services

 

Advising on the legal process of ship arrest: Lawyers can advise on the requirements and procedures for obtaining a warrant of arrest and the legal grounds for arrest.

Representation in court: Lawyers can represent clients in court proceedings related to the arrest, such as hearings, to determine whether the arrest was valid and to contest the release of the arrested ship.

Securing the release of arrested ships: Lawyers can assist clients in obtaining getaway ease of arrest vessel ships by providing evidence of ownership or other grounds for dismissal ease.

Negotiating settlements: Lawyers can assist in negotiating settlements between the parties involved in the arrest to resolve the dispute and secure the ship’s release.

Advising on legal rights and responsibilities: Lawyers can advise clients on their legal rights and duties ties about the arrest and any disputes arising.

 

Enforcement of Judgment

 

The Hon’ble Court, upon satisfaction on a well-founded case, may enforce the payment of the 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. The Marshal will conduct an order of sale by the Hon’ble court 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 a bank guarantee is provided, it will be en-cashed in favour of the judgment debtor. Foreign judge’s mental and arbitration awards are also enforceable by the Hon’ble Court.

 

Need Help for admiralty Maritime Ship Arrest Legal Services in Bangladesh

 

The Barristers, Advocates, and lawyers at CLP in Gulshan, Dhaka, Bangladesh, are highly experienced in assisting clients in dealing.

 

Admiralty Maritime Ship Arrest Legal Services

For queries or legal assistance, please reach us at:

E-mail: info@counselslaw.com
Phone: +8801700920980 | +8801947470606
Address: House 39, Road 126 (3rd Floor) Islam Mansion, Gulshan 1, Dhaka.

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