AIR 1999 MADRAS 118 ::1998 (3) MadLW 582

Madras High Court

Hon'ble Judge(s): S. Thangaraj , J

Civil P.C. (5 of 1908) , S.20— Jurisdiction - Admiralty jurisdiction of Madras High Court - Discharge of goods effected in port of Madras instead of port of Calcutta as agreed - Suit for damages filed at time when ship was berthed in port of Madras - High Court of Madras has jurisdiction to decide suit though agreement between parties conferred jurisdiction on Courts in country where carrier has his principal place of business. The High Court of Madras, which was conferred with the admiralty jurisdiction, has the power to decide actions against the foreign ships while they were within the territorial limits of Indian Ports. The Courts in India established under the Constitution of India enjoy much more original powers than the Colonial Courts and the construction of law should be in consonance with the sovereignty of the State and the rights conferred on the citizens of India.(Para 7) Where the cargo was discharged by the vessel @page-Mad119 at the Madras port instead of Calcutta port where it was agreed to be discharged, Madras High Court would have admiralty jurisdiction to decide the suit filed by the owner of goods for damages for breach of Court act when the suit was filed at the time when the ship was berthed in the Port of Madras. It cannot be said in such a case that the Madras High Court w....