Maritime
Maritime legal meaning, translation and judicial precedents.
Meaning & Judicial Interpretation: (اردو مفہوم اور قانونی تشریح)
Suit under Admiralty jurisdiction of High Court was filed by bank against vessel and its owners, seeking recovery of outstanding dues and claims from defendants
High Court directed to arrest the vessel and detain it till all outstanding dues and claims were recovered
Plea raised by defendants was that suit was barred by limitation
Validity
Claim of maritime lienee was superior than those of a mortgagee, as latter's claim was always subject to satisfaction of maritime lien and that mortgage could not be equated with maritime lien
Maritime lien and mortgage were distinct and unrelated right having altogether different privileges, rights and liabilities of maritime lienee and mortgagee
Single Judge of High Court was right in holding that claim of bank in suit based on mortgage was not that of maritime lien and as such was not hit by S.6 of Admiralty Jurisdiction of High Courts Ordinance, 1980
Claim of bank in suit was a claim in rem against defendant vessel under Ss.3(2)(c), 3(2)(q), 3(5)(c), 4(2) and 4(3) of Admiralty Jurisdiction of High Courts Ordinance, 1980, and suit was maintainable under S.6 of Admiralty Jurisdiction of High Courts Ordinance, 1980, as well as under the principle of lex fori
Claim/charge of bank as mortgagee of vessel was not that of a maritime lien as the charge of bank/mortgagee had arisen solely by virtue of mortgage agreement, whereas charge of maritime lienee was to arise by operation of law
Suit filed by bank was not barred by limitation as S.6 of Admiralty Jurisdiction of High Courts Ordinance, 1980, was only applicable to "maritime lien" and "or any other maritime lien" as specifically provided therein and not to "mortgage", "charge" or "claim", which were not specifically provided therein
Division Bench of High Court in exercise of appellate jurisdiction declined to interfere in the order passed by Single Judge of High Court
Appeal was dismissed in circumstances.
Defined.
"Maritime", Pakistan Law Portal, available at: https://paklawportal.com/words-terms-maxims/22279
Precedents & Case Laws citing "Maritime"
P L D 1991 Supreme Court 1021
HONG LEONG FINANCE LIMITED ‑‑‑ Appellant Versus m.v. ASIAN QUEEN through Nazir High Court ‑‑‑ Respondent
Court:2013 C L D 362
F.T. SELNES — Appellant Versus MEGA INTERNATIONAL COMMERCIAL BANK and 3 others — Respondents
Court: Sindh1989 C L C 2168
ABDUS SAMAD KHAN‑‑Plaintiff Versus m.v. AL‑AIDA and 2 others‑‑Defendants
Court: KarachiP L D 1978 Karachi 837
CONTRACTORS‑Plaintiff Versus M. v. LUCTOR‑I (M. v. UNION BRENDA) AND 5 OTHERS‑ - Defendants
Court: ‑‑ S. 4‑Expression "maritime lien"‑Signifies a claim attaching to res from moment obligation arises and travelling with res into whosesoever possession it may come‑Maritime lien continues binding on ship until discharged and charge of ownership immaterial.‑Words and phrases.2004 C L D 286
Messrs ABDOUN OIL COMPANY S.A. INCORPORATED UNDER LAWS OF THE REPUBLIC OF PANAMA, IN GREECE, WITH THEIR OFFICE AT 43‑45 PORTMAN SQUARE, London‑‑‑Appellant Versus "M/T ABDOUN DISCOVERY" A SHIP FLYING PANAMA FLAG PRESENTLY AT THE PORT OF PORT QASIM AUTHORITY, KARACHI, PAKISTAN and another‑‑‑Respondents
Court: KarachiP L D 1997 Karachi 216
KARACHI‑‑‑Plaintiff Versus m. v. JUSTICE and 3 others‑Defendants
Court:P L D 1994 Quetta 51
SEMCO SALVAGE PTE. LTD ;Plaintiff Versus M.V. KAPTAN YUSUF KALKAVAN through
Court:1995 M L D 706
SEMCO SALVAGE PTE LIMITED‑‑‑‑Appellant Versus m.v. KAPTAN YUSUF KALKAVAN TURKISH and another‑‑‑Respondents
Court: QuettaP L D 1985 Quetta 278
AZHAR AHMAD KHAN AND OTHERS-Plaintiffs Versus M. v. ASHAR AND 3 OTHERS-Defendants
Court: -- S. 2(k) -"Ship"-Definition -Non-navigable vessel-Dismantling of 2/3rd of a vessel, held, would render same as non-navigable--Delisting of a vessel from Registry of country of which, it flies the flag, would not alter character of vessel and would not render same in practical terms "non-navigable".-Words and phrases.P L D 1993 Supreme Court 88
ATLANTIC STEAMER'S SUPPLY COMPANY ‑Appellant Versus m.v. TITISEE and others ‑‑‑ Respondents
Court: ‑‑"Maritime lien"‑‑‑Definition ‑‑‑ Maritime lien means legal proceedings in an appropriate form to have the ship seized by the officers of the Court and made available by sale if not released on bail ‑‑‑ Proceedings so initiated are called action in rem against res‑‑‑Word "res" in the legal parlance in context of an admiralty action connotes a limited number of things such as ships and their cargoes and freights.‑‑Words and phrases.