Maritime Law Admiralty Law in India

  

Hi guys welcome back to my channel so today in this video I would like to continue my previous video entitled admiralty low in India a ship may be arrested one to acquire two decisions or two to obtain security of satisfactions of the claim when degrade or three in executions of a degree in the first two cases the court has the discretion to insist upon security being furnished by the plaintiff to compensate the defendant in the event of the being found that the arrest was from full episode and often maliciously or in bad faith the claimant is liable in Damages for one full arrest this practice of insisting of a security being furnished by the Party City a rest of the ship in follows is followed in the United States Japan and other countries the reason for the rules is that the wrongful arrest can cause irreparable loss and damages to the ship owner 

and he should stay even compensated by the arresting party see a rest of the shipper here swearing her soy and Helmer the attachment by the arrest is only professional and it's purpose is merely to detain the shape until the mirror had been finally settled by a competent cord the attachment of the vessel brings it under the custody of the metal or any other authorized officers any interference with the custody is threatened as they condemn on the court which has ordered at the arrest but the Marshalls right under the attachment order is not one of processions but only of custody although the custody of the vessel has paced from the defendants to the martial or the processory right which previously existed continued to exist including all remedies which are based on possession they weren't usually condensed emotion of motivations to all persons interest to appear before the court on particular day and showed house why the property should not be condemned and so to satisfy the claim of the plaintiff the attachment being only a method of safeguarding the interest of the plaintiff by profiting him a security is not likely to be ordered if the defendant or his lawyers agrees to accept surprise and to put in bill or to pay money into court in lieu of fail foreign against the death and then if he is either present in the country or submits to jurisdiction if the foreign owners of an interested ship appears before the court and deposit security as bill for the release of the ship against which processing in Rome have been Institute he submits himself to jurisdiction an actions in Rome is directed against the ship itself to satisfy the claim on the plane of the rest the ship is the purpose treated as a person such an actions May constitute an endorsement to the owners to submit the jurisdictions of the Court thereby making himself liable to be proceed I can't spray the plaintiff in person it is however imperative in an action in dream that the ship should be within jurisdiction at the time the proceedings are started a degree of the court in such an action fight not merely the parties to the read of property in the world who might dispute the plaintiff claim It Is by means on action syndrome that the arrest of a particular ship is secured by the plaintiff he does not show the owner directly and by him but the honor on any interested on the processing may appear in the event but it is issue to owners and parties interests in the property process against the proceeding can be started in England or in United States in respect of America million and in England in the spec of a stateually right on interim a maritime lien is privileged claim against the ship or a right to a part of the property in the ship and it travels with the ship 

Because the ship has to pay further wrong it has done it can be compelled to do so by a for sale in addition to Maritime Lions a ship is liable to be arrested in England in enforcement of state will rewrite in Ram Supreme Court act 1981 if the owner does not submit the jurisdiction and appear before the court to put in Bill and release the ship it is liable to be commended and sold to satisfy the claims against her if however the order submits the jurisdiction and obtain the release of the ship by depositing security he becomes personally liable to be proceed against impersonal in executions of the Judgment if the amount of grid exits the amount of the bill the a recipe foreign to Indian status like behind international law in this context the principle in this convention derived for the common law of nation will be treated as a part of the common law of India paragraph 76 in this we have fits under it is through the Indian States it's like behind the development of Indian law in comparison to contemporaneous stages in England and other Maritime countries although the AQ rules are embedded in the carriage of codebassy act India never became a party to the international conventions laying down those rules International conventions for the unification of certain rules of flow direction to pills of leading crucial 1924 The Carriage of goods by sea act 1925 merely follow the United Kingdom Carriage could pass it at 1924 the United Kingdom revealed The Carriage of goodbye sea at 1924 with a few of incorporating the fish spirals adopted by the blue cell protocol in protocol of 1968.50 rules were accordingly adopted by The Carriage of good crazy acts 1971 and the United Kingdom Indian legislation has not however progressed not withstanding the process protocol of 1968 adapting the fish pillows of the United Nation confessions on the carriage of goodbye sea 1978 adopting the Hamburg Cruise the hamburgers press reported minimum liabilities of the carrier for more justly and equitably that the heck you're also as the corrected in the letter of the favor in the favor of the carrier 

the Hamburg rules are acclaimed to be quit Improvement to the AQ cruise and far more beneficial from the point of view of the Care co-owners India has also not adopted the International Convention relating to the arrest of secretary ship Brussels 1952 nor has India adopted The crucial conventions of 1952 on civil and panel jurisdiction in matter of Coalition nor the brutal conventions of 1926 and 1967 relating to Maritime rims and mortgage a international conventions relating to the arrest of sequeline ships crucial May 10 1952 the national conventions on certain those consecutorization in matters of Coalition Brussel see the national conventions for the unification of certain of Coalition person the international confessions for the unification of certain rules relating to meditamins and world cage India seems to be leaching behind many other countries in ratifying and adopting The Beneficial provisions of various conventions intended to facilitate international trade so that's all the article bye bye and don't forget to like comment and subscribe and also don't forget to watch my previous video and bye bye

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