Supreme Court Asks 3 High Courts If Commercial Divisions Dealing With Admiralty Law Are Constituted
2 months ago

Supreme Court Asks 3 High Courts If Commercial Divisions Dealing With Admiralty Law Are Constituted

Live Law  

The Supreme Court recently sought a response from the Registrar Generals of the High Courts of Karnataka, Kerala and Orissa on the status of setting up Commercial Divisions dealing with admiralty cases. The bench of CJI Sanjiv Khanna and Justice Sanjay Kumar was hearing a commercial suit relating to admiralty and maritime law, when a circular dated 24.02.2022 issued by the High Court of Karnataka was noted by the bench. The Court was further informed that the High Courts of Orissa and Kerala have not constituted commercial divisions with regard to admiralty. To verify the veracity of the above submissions, the Court issued notice to the three High Courts in the following terms : “ We deem it appropriate to issue notice to the High Courts of Karnataka, Kerala and Orissa to ascertain facts and their views.

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History of this topic

Plea For Recovering Dues Against Vessel Under Admiralty Act, Which Is A Special Statute, Maintainable Before High Court: Karnataka HC
2 months ago

Plea For Recovering Dues Against Vessel Under Admiralty Act, Which Is A Special Statute, Maintainable Before High Court: Karnataka HC

Live Law  

The Karnataka High Court has said that a petition filed seeking a decree against a vessel would be maintainable before the High Court under the Admiralty Act, 2017 and not before the Commercial Court. The bench referred to both Acts and noted,"Thus, the Admiralty Act, 2017 states in definite terms the nature of cases in which the High Court can …

Kerala High Court Weekly Round-Up: February 5 - February 11, 2024
1 year, 1 month ago

Kerala High Court Weekly Round-Up: February 5 - February 11, 2024

Live Law  

Nominal Index Radhika v. Unnikrishnan 2024 LiveLaw 88Deputy Commissioner, Kerala State Goods and Services Tax Department vs. National Company Law Tribunal 2024 LiveLaw 89Shinoj Singh & Ors. Case Title: Deputy Commissioner, Kerala State Goods and Services Tax Department vs. National Company Law Tribunal Citation: 2024 LiveLaw 89 While allowing a Writ Petition, the Kerala High Court bench of Justice Dinesh …

BCI Writes To Kerala High Court To Hold Consultations With Bar, Review/Reconsider E-Filing Rules
3 years, 10 months ago

BCI Writes To Kerala High Court To Hold Consultations With Bar, Review/Reconsider E-Filing Rules

Live Law  

The Bar Council of India has written to the Kerala High Court Registrar General asking the Chief Justice of the Kerala High Court to reconsider/review the E-Filing Rules notified and have discussions with representatives of the State Bar Council before finalising the Rules.The response of the BCI comes after the Chairman of the Bar Council of Kerala, Advocate Joseph John …

Interaction Between Admiralty Courts And Company Courts: A Critical Analysis Of Raj Shipping Case
4 years, 8 months ago

Interaction Between Admiralty Courts And Company Courts: A Critical Analysis Of Raj Shipping Case

Live Law  

On 19th May, 2020, a single judge bench of Bombay High Court delivered a judgment in the case of Raj Shipping Agencies v. Barge Madhwa. The court through this judgment answered two major questions of law with respect to interaction of Admiralty Act, 2017 with Companies Act, 1956 and Insolvency. The court through this judgment answered two major questions of …

Provide Info On Special Courts For Legislators Or Be Held Personally Liable: SC To Chief Secretaries & Registrar Generals [Read Order]
6 years, 5 months ago

Provide Info On Special Courts For Legislators Or Be Held Personally Liable: SC To Chief Secretaries & Registrar Generals [Read Order]

Live Law  

Taking stern view of the prolonged failure of a few States and High Courts in providing information on the establishment of Special Courts for trying cases involving legislators, the Supreme Court on Wednesday warned the Chief Secretaries and Registrar Generals of such States/UTs and high courts that they would be held personally liable if the information demanded is not provided …

Provide Info On Special Courts For Legislators Or Be Held Personally Liable: SC To Chief Secretaries & Registrar Generals [Read Order]
6 years, 5 months ago

Provide Info On Special Courts For Legislators Or Be Held Personally Liable: SC To Chief Secretaries & Registrar Generals [Read Order]

Live Law  

Taking stern view of the prolonged failure of a few States and High Courts in providing information on the establishment of Special Courts for trying cases involving legislators, the Supreme Court on Wednesday warned the Chief Secretaries and Registrar Generals of such States/UTs and high courts that they would be held personally liable if the information demanded is not provided …

Admiralty Jurisdiction Vis A Vis Company Court- Which Will Prevail?
7 years, 2 months ago

Admiralty Jurisdiction Vis A Vis Company Court- Which Will Prevail?

Live Law  

The Madras High Court recently while hearing a batch of applications filed by various maritime claimants has passed a landmark judgement on a significant question of law. Reasoning of the Court The primary arguments and contentions advanced by the various claimants were that the proceedings under the Admiralty Jurisdiction being an action ‘in rem’ against the vessel and by virtue …

Lok Sabha Passes The Admiralty (Jurisdiction and Settlement of Maritime Claims) Bill, 2016
8 years ago

Lok Sabha Passes The Admiralty (Jurisdiction and Settlement of Maritime Claims) Bill, 2016

Live Law  

Loksabha has passed the Admiralty Bill, 2016 on Friday.The Bill aims to establish a legal framework to consolidate the existing laws relating to admiralty jurisdiction of courts, admiralty proceedings on maritime claims, arrest of vessels and related issues. It also aims to replace archaic laws which are hindering efficient governance. The Bill aims to establish a legal framework to consolidate …

It’s our boat, our courts
12 years ago

It’s our boat, our courts

The Hindu  

The return to India of two Italian marines charged with the shooting death of two Indian fishermen off the Kerala coast has taken the hard edge off the legal-diplomatic war which broke out between Rome and New Delhi in the aftermath of the >February 15, 2012 incident. It is amazing to note that Article 297 does not specifically refer to …

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