Section 17. Repeal and savings
(1) The application in India of the following enactments are hereby repealed—
(a) the Admiralty Court Act, 1840 (3 and 4 Vict., c. 65);
(b) the Admiralty Court Act, 1861 (24 and 25 Vict., c. 10);
(c) the Colonial Courts of Admiralty Act, 1890 (53 and 54 vict., c. 27);
(d) the Colonial Courts of Admiralty (India) Act, 1891 (16 of 1891); and
(e) the provisions of the Letters Patent, 1865 in so far as they apply to the admiralty jurisdiction of the Bombay, Calcutta and Madras High Courts.
(2) Notwithstanding the repeal, all admiralty proceedings pending in any High Court immediately before the commencement of this Act shall continue to be adjudicated by such court in accordance with the provisions of this Act.
(3) Anything done or any action taken, under the provisions of the repealed enactments, shall in so far as such thing or action is not inconsistent with the provisions of this Act, be deemed to have been done or taken under the corresponding provisions of the Act as if the said provisions were in force when such thing was done or such action was taken and shall continue to be in force accordingly until superseded by anything done or any action taken under this Act or rules made thereunder.
(4) Any rule, regulation, bye-law made or order or notice issued under the repealed enactments, shall so far as it is not inconsistent with the provisions of this Act or rules made thereunder be deemed to have been done or taken under the corresponding provisions of this Act.
Judgements applying section 17
Ime General Insurance Limited Vs the Owner and Parties Interested in the Vessel M v Vsl Ssl Kolkata and Ors.
Outcome: Dismissedadmiralty jurisdiction; Commercial Courts Act 2015; Commercial Division; Commercial Court; Admiralty (Jurisdiction and Settlement of Maritime Claims) Act 2017; section 17 repeal; Letters Patent 1865 Clause 31; maritime claim; marine insurance premium; vessel M.V. VSL SSL Kolkata; return of plaint;
DismissedOpenLumbini General Insurance Limited Vs the Owners and Parties Interested in the Vessel M v Vsl Ssl Kol and Ors.
Outcome: DismissedCalcutta High Court, Admiralty Original Side, Ravi Krishan Kapur, J., judgment dated 05.09.2024 in AS 6-11 of 2019 (with GA 3-5/2023): maintainability of admiralty suits post-Commercial Courts Act 2015; maritime claims as 'commercial disputes' (s.2(1)(c)(iii)); ss.3, 6, 7, 11, 15, 16 CC Act;
DismissedOpenAppeal against a commercial court order vacating the arrest of a foreign vessel and directing refund of the security deposited for its release in a claim for unpaid bunker supplies. The High Court dismissed the appeal, holding the arrest wrongful, the vessel's owner not being liable for the claim.
DismissedOpenAdmiralty law — Maritime claim and maritime lien — Supply of bunkers and other necessaries to a foreign vessel is a maritime claim (Brussels Convention 1952, Art. 1(k)) but does not create a maritime lien;
AllowedOpen