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1953 Supreme(Cal) 227

P.B.MUKHARJI
JAYASWAL SHIPPING COMPANY – Appellant
Versus
S. S. LEELAVATI – Respondent


P. B. MUKHARJI, J.

( 1 ) THIS is an admiralty action in this High Court. It raises an intricate but interesting point of Admiralty Jurisdiction. To put. it graphically, the point of construction raised in the suit is how the words "domiciled in England or Wales" appearing in Section 5 Of the Admiralty Court Act, 1861 (24 Victoria, Ch. X) can be dovetailed in the topography of India, and when so does, what will be the scope and extent of the meaning of these words. The ancient lumber of admiralty law in India is in need of immediate legislative spring cleaning, so that her citizen of today may be spared in future from the task of solving such problem of Indianising English geography by having to interpret English Statutes.

( 2 ) BEFORE discussing this point which does not appear to be covered by any decision in India, it is essential to state the accessory facts.

( 3 ) THE suit is instituted by Jayaswal Shipping Company, a registered partnership, against the owners and parties interested in the Steamship "s. S. Leelavati" for, a decree for the sum of Rs. 33,041-15-3p being the amount alleged to be due to the plaintiff by the defendant for supplying necessaries in connection with






























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