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Marine Litigation, Commercial Transactions, Ship-Arrest, Admiralty Suits, Arbitration, etc.

England’s Admiralty Court was conferred jurisdiction by section 3(4) of Administration of Justice Act of 1956 to arrest any vessel or property of the defendant though it had no concern with the cause of action. But a similar power to arrest any ship which is not the subject matter of the suit cannot be exercised by the Admiralty Court of Bangladesh by virtue of the power given to the England Admiralty Court by section 3(4).

Jurisdiction conferred by section 6 of the Admiralty Court Act of 1861 which is exercised by the Admiralty Court of Bangladesh is so exercised under the provisions of Colonial Courts of Admiralty Act, 1890 and the Colonial Courts of Admiralty Act (India), 1891.

Superior Courts of the sub-continent, including Bangladesh Supreme Court never exercised admiralty jurisdiction on the basis of practices followed by the England Admiralty Court which the latter court continued to exercise until the year 1840 when by the Administration of Justice Act of 1840 the law about exercise of admiralty jurisdiction was defined by that Act of 1840.

Practices as followed by England’s Admiralty Courts were for long time discontinued and it was after that on the basis of the statute laws that these courts began exercising admiralty jurisdiction.

Bangladesh Admiralty Court exercises jurisdiction given to it under section 6 of the Act of 1861 by virtue of the provisions of section 2(2) of Colonial Court of Admiralty Act, 1890 and as such Administration of Justice Act, 1956 is not applicable in Bangladesh.

Kings Shipping Trading Co. vs Messrs LS Line & others