Admiralty and Maritime Laws in India
Find Maritime and Admiralty laws expert lawyer in India.
What does "maritime law" or "admiralty law" mean?
Can a seaman sue his employer for the unseaworthiness of the vessel?
Can a seaman get maintenance and cure benefits at the same time he is suing his employer?
Who is liable to pay in case of the vessel meeting an accident?
What do I do in case my vessel meets with an accident?
What are the (local) laws that one should refer to as a seaman?
What should you do if you've just suffered a maritime injury?
What does "unseaworthiness" mean?
What is General Maritime Law?
Why hire a Maritime Lawyer?
If I file a maritime injury claim, will I be blackballed or blacklisted?
As per Black’s Law Dictionary, Maritime Law refers to the law governing sea or seaport bound actions conducted and commerce transacted. Registration, license, and inspection procedures for ships and shipping contracts, insurance and carriage of goods and passengers are included.
Admiralty Law refers to the rules and orders of maritime law. This protects the ships and the sea from harm. Maritime treaties are drafted between international interests.
Vidhikarya will help you find a most suitable lawyer, for you in your city, who will be able to answer all your Maritime related queries and also guide you on how to resolve the matters with ease. What we can do for you is that it will help you in finding and engaging a right and suitable lawyer for your cause.
We at Vidhikarya endeavour to help you and assist you in finding the right lawyer in your city or otherwise so that you can go ahead and peacefully get your legal matter resolved. You do not have to worry on how to hire a lawyer or find an advocate for your matter. You can simply dump the question of “find an advocate in my city” to Vidhikarya and just relax.
About the Maritime and Admiralty Laws
Maritime and Admiralty laws are those laws which govern the life and affairs of the seamen both on water and near water meaning on high sea as well as on ports. Usually these are the laws which are looked at when a seaman is fairing on the sea with his ship and crew. They need these laws to ensure the proper regulations of the shipping industry and also to ensure that justice is done with the crew and seamen when any event occurs.
In 2017, India enacted a law which is now the paragon law in the field of admiralty and maritime laws. The Act is known as ‘The Admiralty (Jurisdiction and Settlement of Maritime Claims) Act 2017’ whose main aim is to consolidate the laws relating to admiralty jurisdiction, legal proceedings in connection with vessels, their arrest, detention, sale and other matters connected therewith or incidental thereto.
The Act says that the provisions of the Code of Civil Procedure 1908 shall apply in all the proceedings before the High Court to the extent of them not being inconsistent with any of the provisions the Act. The Act also says that notwithstanding anything contained in any other law for the time being in force, an appeal shall lie from any judgement, decree or final order or interim order of a single Judge of the High Court under this Act to a division Bench of the High Court.
What are the applicable laws to Maritime?
The Admiralty (Jurisdiction and Settlement of Maritime Claims) Act 2017 repealed these following laws;
· The Admiralty Court Act, 1840;
· The Admiralty Court Act, 1861;
· The Colonial Courts of Admiralty Act, 1890;
· The Colonial Courts of Admiralty (India) Act, 1891; and
· The provisions of the Letters Patent, 1865 in so far as they apply to the admiralty jurisdiction of the Bombay, Calcutta and Madras High Courts.
Some important facts and cases about and under Maritime law
As per the act, every maritime lien shall have the following order of inter se priority, namely: —
(a) Claims for wages and other sums due to the master, officers and other members of the vessel's complement in respect of their employment on the vessel, including costs of repatriation and social insurance contributions payable on their behalf;
(b) Claims in respect of loss of life or personal injury occurring, whether on land or on water, in direct connection with the operation of the vessel;
(c) Claims for reward for salvage services including special compensation relating thereto;
(d) Claims for port, canal, and other waterway dues and pilotage dues and any other statutory dues related to the vessel;
(e) Claims based on tort arising out of loss or damage caused by the operation of the vessel other than loss or damage to cargo and containers carried on the vessel.