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[Music] [Music] oh me i am dr d raj shaker professor amad business school amh university and today's lecture introduction to maritime law the maritime law which is also called as admiralty law are shipping law in the recent days this maritime law which is most important but for maritime law means there are other important laws also which may come into force which you are going to discuss with some important features which is going to connect with the proper explanation of what is the meaning for maritime law so first one is the maritime law which connects first one is maritime commas and the second one is navigation third one is cogs are called as carriage of goods by c act now here maritime commerce means called as trade commerce means trade for the goods need to be taken from one place to another place there are various modes of transportation is there rail transport is there road transport is there air transport is there but pertaining to other transport other mode of transport the most important mode of transport with the lowest caste where the people can able to deliver their goods or else they can transport the goods from one place to another place called as maritime trade related to shipping now this trade there is one act called as multi-modal transportation act 1993 as such i told the shipping law which is not related with only one mode the multimodal transportation means there are various modes of transportation which connects in taking the goods from one place to another place for that they have enacted one act is called as multi-modal transport transportation act 1993 second one is this maritime which connects navigation and third one is carriage of goods by c act 19 25. now carriage means that taking the goods from one place to another place also called as carrier there are two types of carrier one is private carrier another one is common carrier but now here the second one is goods where they are going to take the goods the goods which represent as per shipping term cargo which they are going to take the one placed goods to be taken from one place to another place by using seed transport now for this seed transport if any vessel if any vessel where they are going to take the goods from x to y if anything is happened during the place of during the time of transportation from one place to another place which act may come into force means carriage of goods by c act 1925 which may come into force but this maritime law which is deal or governing with three things one is contract another one is taught and third one is workers compensation now what is the meaning for contract the contract means as per this maritime law the few people are engaging into the contract for example ship owner charter port agents salvage people so each and every person where they are going to enter with the contract with the various agreements now a contract is called as offer as per the basic formula of a contract is offer plus acceptance it should be enforceable by law so offer plus acceptance equal to agreement and that agreement should be enforceable by law for example where the ship owner charterer enters into an agreement but the vessel is going to be used for any smuggling purpose this agreement cannot be accepted as an valid agreement the agreement can be called as invalid agreement only so for that purpose that one party one want to give is shipped to the other party the charter would want to obtains the vessel from the ship owner they may have the party one want to give his vessel is called as offer or other person wanting to accept called as accept or acceptance where both the parties immediately they need to enter with an agreement for what purpose they are going to acted with then contract for example there are various types of charter parties are there the charter means the person who is going to hire the vessel is called as chartered the person who is going to hire the vessel from the ship owner is called as charterer there are various types for example void charter party is there time charter party is there there but chatter party is there so what type of charter party who will be liable when they will be liable for all these type of things they need to be mentioned in the agreement with the for that which one is most important if anyone of the party or not that follow the rules and regulations and in that cases which act may come into force means indian contract act this indian contract act which here means 1872. and the second one is taught the meaning of talk is called as civil wrong there are various remedies even in the tort means there is no contract legally binding between the parties the contract which is not at all required even the negligence if anything happened to any party like damaging the goods damage of goods or loss but it is sworn in uh without negligence or with the negligence but at any cost the party may be liable during that time you may not say that i have not yet entered into the contract i may not become underliable taught means where the parties may come under liable for the damages or contributory negligency also which will be present contributing negligence means where both the parties negligently if anything if it has been happen but here also both the parties are totally liable which we are going to discuss with the few examples with the few case laws also so here the contract the first one second one is start and third one is workers live workers compensation also claim are any workers where they may not be able to get the climb for for example the captain of the vessel if if the if the company want to fail to make the payment to a captain even in such cases also the person need to be punishable the company need to be punishable under which act means under maritime law only so for that three important points which you have discussed the first one is contract legally binding second one is taught need not legally binding and third one is workers claims all these three but only these three not like that there are various types of act each and every act which is related once the goods it has been loaded in the vessel till they are going to discharge the vessel there will be a connectivity which is presented in this maritime law which you are going to discuss with the various types of loss the first important act is called as merchant shipping act the merchant shipping act enacted in the year 1958 but this merchant shipping act which may be differ from each and every country but the merchant shipping act or the indian shipping where we are going to deal with some technical matters but for that the common law india is a common law with the help of international conventions or the international agreements or the agreements between the countries or agreements between the states these are called as international conventions but what for the international conventions which they have been included in the maritime law the first one is safety pollution second one is limitation of liability what type of liability which will be presented here as for the imitation of liability act and the third one is the prevention of collusion the meaning of coalition is where the two ships of ah two ships are going to collision each other is called as collision but the next one is load line convention and the last one is international labour organization conventions all these which is most important which need to be present in the maritime law commonly for our country where we have already entered an agreement with the other countries called as international conventions now what are the various laws which will be applicable to maritime law the first one is as we have discussed merchant shipping act 1958 so not only this act along with this act another act which may be present for that the second one is already which you have discussed cox coxo is called as carriage of goods by sea act where the carriage of boots by sea by air by rail there are various modes of transportation but in particular if any goods if they are going to use by the mode of sea transportation immediately which act may come into force means carriage of goods facing act 1925 which may come into force and not only that if any party won't want to take the goods from the vessel for that the another important document there are various types of documents are there but the most important document are related to the maritime law is below flagging so next one is indian below flooding vol in short form indian below of leading act is 1856 so these three acts which is most important and not only that the another act also which is most important as for the international conventions where the two ships are going to collide each other immediately which act may come into force means marine insurance the marine insurance also which is one of the pollution which will be applicable under the maritime law so marine insurance act which have presented here the marine insurance act marine insurance act 1963 so first one is the more of transportation the regarding the merchant shipping act second one is goods third one is the document bill of lading and the fourth one if the ship met with an accident to get the amount of loss or two somewhat to adjust the amount of loss the one party need to taken the insurance insured with the company in such cases which law may come into post means marine insurance act marijuana instance it is a contract between the insurer as well as the insured person okay so indemnity to save the person from the loss this marine insurance act which is most important which we are going to dealing with the various types of policies even in the marine insurance act voyage policy is there time policy is there value policy is there unvalued policy is there voyage policy means for example goods is going to take the one place to another place within that the same route they have to take the goods from one place to another place any roots any deviation in the roots in such cases the policy amount which not be paid called as oh time means sometimes the uh the ship can be owned by the charterer for the six months time but at the same time during this six months period of time time policy where more than six months the policy which will be invalid so for that during the time alone let me they can utilize the policy value policy means both the parties mutually agreed if there is any damage or loss called as value policy if there is no such agreement between the parties not related with the damage or loss whatever the amount if they are going to suffer they need to make the payment in such cases then it can be called as unvalued policy so there are the various types of policies as such which you have discussed and not only that there are two major types of instruments are there the one is hull insurance where you are going to ensure your vessel including the equipments the machinery is called as hull insurance if you're going to ensure your cargo is called as cargo insurance and the ship which was made with an accident suddenly these type of policies as well as what what type of insurance each and everything which we need to taken into consideration to value the amount how much amount which will be paid to the insured person for that which act is most important means marine insurance act 1963 and these are the acts which is related to the shipping and the other few important acts are there which is regarding the crpc criminals for example there are crpc act criminal procedure code is there 1973 next one is indian evidence act is there 1872 next one is indian penal code is there 1860. so these three which may come under what type of prosecution of proceedings means criminal prosecution of proceedings a person need to be punished under criminal prosecution or proceedings means in such cases there may be value with these three types of important acts which will be included in the maritime law if they want to initiate legal action need to be taken against any other person with criminal proceedings now what about the civil yes again the civil procedure code civil cpg civil procedure code is there and 19 naught eight and contract act which you have discussed already 1872 and last one is company law act 2013. so these three act for the company sack if any person would want to register the ship registered the company they need to go with companies act 2013 how what basis they have to incorporate the company how to register the company and where they are going if they are going to take the place of registration office from one place to another place there are more number of formalities including the memorandum articles of oscillation as well as the types of directors each and everything which in detail which may be may be presented in the company's act 2013. so like that each and every act which is most important in the maritime law now the next most important point as for the maritime law which we are going to discuss admiralty but with this admiralty called as jurisdiction the another important point admiralty jurisdiction means it is a territorial water jurisdiction previously ah if any party one without getting permission if any vessel wants to enter into the any other country they need to get the proper authorization then only they can able to enter into that country but without authorization if they are going to enter then the country may have the right to arrest the vessel and not only that any loss or damage or including the arrest they can if the jurisdiction if they are going to cross the border of territorial water jurisdiction the country may have the right to arrest the vessel if they are going to arrest the vessel for which court they are they need to go but now here i have presented for the admiralty jurisdiction high courts mumbai and madras high court is there kolkata court is there regarding with the maritime matters not only these type of high courts nowadays they have expanded regarding with within that territory for example if any vessel within the terminal order if the other countries vessel if they are going to enter into a state of tamil nadu without any authorization then the tamil nadu territorial jurisdiction the court the madras high court which may have the power to pass the order in rsd vessel so like that each and every states may have the powers where high courts are that means they may have the powers to rs the vessel in passing the orders so for the territorial water jurisdiction which is most important also called as admiralty jurisdictions which i given one example also so here for regarding this admiralty jurisdiction i have given one example the madras high court is empowered to harass a vessel found in the waters of tamil nadu only so with this example very easily you can comes to conclude that in each and every states wherever the high courts are there they may have the right to rsd vessel which the vessel which is going to coming under the territorial waters jurisdiction of that particular state now the previous slide which you have discussed about arrest the vessel but how to arrest the vessel is there any provisions to arrest the vessel like arresting a man yes as for the maritime law let we can arrest the vessel but for that the proper few conventions are there as such uh given here the arrest convention 1952 arrest convention 1999 which shows that that the vessel can be arrested but india is not a signatory to any of these conventions but what which has been happened later which you are going to discuss now apart from these conventions other few more conventions are there where india is empowered to arrest the vessel the basic important case law for the maritime law is mba elizabeth versus urban investment and trading private limited india is a common law country as such i told the international conventions where we have agreed or had an agreement with any other countries the laws related to the conventions which will be common so our country which is a common law country conventions of arrest of shri going ships also which they have been included in the brazil's conventions 10th may 1952 after these conventions even india had enforced the claims of maritime law against the foreign ships now the next another important conventions as in the principles of 1999 geneva arrest conventions the supreme court passed the order where the geneva conventions 1999 also which will be applicable for arresting a ship in india so like that 52 59 brazil conventions at the end which have empowered to rs the vessel any foreign vessels if they are going to enter into our country without any proper appreciation our country is having right to arrest the vessel the same incident which has been happening even in the 12th october in the year of 2013 the incident has been happen where our country which they have been rs the u.s vessel also where they may have some homs without proper authorization or permission they have entered into a country so for that arrest the vessel when they may have the right to arrest the vessel on what conditions they may have right to rsd vessels which are given here any damage done by a ship or loss of boots in transit transmit means during the carrier if any loss which is happen to the vessel salvage means what is the meaning of salvage salvage agreements means to protect or rescue a person or the goods from the vessel or rescue the person or cargo from the vessel is called as salvage agreements these salvage agreements also there is one form called as lawyers open form in short form lyf lloyd's open form the salvage agreements which will be present but for that any of the party you know not yet satisfied at the end they for these are these the for the purpose of salvage agreements through the lawyers open form they can go and approach arbitrator arbitrator is a person one when when appointed to settle the disputes between the parties instead of going to the court mutually the problem which will be solved arbitrator also called as arbitration agreements which will be also present instead of the salvage agreements and the next one is masters wages as such i told if the company want to fail to provide the wages or the claim or the compensation to any of the employees when we have been working in the vessel even for that the result can be arrest and the disbursements and bottom brief whatever means it is an agreement where i am going to given my messel as for the bottom re agreement for the number of years but at the same time if i fail to take also they may have the right to what rs the vessel so or else any change in the ownership of the vessel where as per the agreement if any one of the party one i have not yet follow the rules and the regulations of the agreement for that which i have told already which act is most important means contract practice most important always agreement will be there may be the ship owner or the charterer or the cargo owner or the port agency or uh any other person those who are related with doing the transaction of needs to take the goods from one place to another place each and every transactions they may enter with an agreement but any person who not yet follow those agreement immediately which contract which may come into force which act which may come into force means indian contract act 1872 but as such each and every transactions related to the shipping that's the reason which we are discussing here even the maritime law under the indian contract act which is important now the contract between whom what is meaning of contract there are various types of contract valid contract means where the both the parties mutually agreed in doing the business or taking the goods can be called as valid contract but another one is there called as voidable contract where forcing or threatening or coercion then it can be called as voidable contract where there is no other way by threatening the other person where he is going to involved in doing the transaction with you is called as voidable contract but unfortunately the avoidable contract in the basic stage may be valid but later it can be void if the person will not get satisfied or if he is going to oppose where you have forced him to enter into the transaction the third one is the void contract for void contract means yes both the parties are entered into the contract in doing the business in hiring the vessel but for what purpose means only for smuggling purpose as such i told the formula for the contract offer will be there acceptance will be there agreement will be there but it should be enforceable by law but doing any smuggling business offer is there acceptance is there agreement is there but what type of agreement means illegal agreement it should not be enforceable by law so for that the contract of what type of people may enter into the contract ship owner or the bill of lading document related charter party sash i told the various types of charter party voyage charter party time charter party billboard charter party and the next one is salvage agreements where the salvage agreements mean the person would want to rescue the vessel from the sea salvage agreements as well as the marine insurance insurance company as well as the insured person may have an agreement with the various types of insurance policies where the time policy voice policy value policy and involved unvalued policy so these parties once they have entered for the various reasons if there is any dispute between between the parties if it is happen now which act may come into force means only the contract now what is the meaning of coalition already which you have discussed about this coalition which is one of the most important basic aspect in the international conventions the protection of collision so here i have presented one picture how the blue vessels were having the impact are call it with each other is called as collision ok so collision means it is impact of two moving vessels now what is the meaning of alicia the difference between the collision and violation where two moving asses but one vessel is not at mode the another vessel is going to be more the impact between your moving vessel and a stationary vessel is called as addition right you have to know the basic meaning of the difference between coalition and addition not only to protection of the coalition including the allegiance any action need to be protected which is the basic aspect of the international conventions as per the maritime law now as such i told already the two important act one is carriage of goods by c act another one is bill of lading act carriage of booths by c act here is 1925 and below flooding act is 1856 but in this the another important point which may come what what is the meaning of contract of affirmative he knows about the what is the meaning of contract what what is the meaning of our friedman affirmative is nothing but where you are going to enter into the contract to carry the goods by c it called as what contract of affirmative where you are going to pay the price the person who is going to take the goods from one place to another place is called as fright and also the contract of affrightment is also called as charter party so the person who is going to hire the vessel also charter party the person who is going to take the goods through the sea is also if he is going to enter with the contract then it can be called as contract of apprisement also the name called as charter party though so who are all the parties which may be present in the contract of affrightment one is consignor and another one is ship owner so these parties which they are going to enter into the contract where they are going to take the goods from one place to another place but with the various types of charter parties need to be mentioned in the contract as per the contract both the ship owner and charter they need to follow the rules and regulations but anyone of the party will know not to follow the rules and regulations going beyond the rules and regulations then only the situation may be in different way where there is a chance to arrest the vessel or else any person can go to the court but for that which act may come into force means carriage of goods by c act 1925 which may come into force now what is the meaning of charter the charterer means the person one is going to hire the ship is called a charterer but what whether the world ship or part of the ship even if is going to hire the vessel can be called as charterer but there are the types of chartered parties are there the first one is why a charter party as such i mentioned only specific ship for the particular cargo for a single voyage is called as y charter party now what is the meaning for time charter party number of voyages are trips but not included loading or unloading cost there will not be any loading or unloading cost which may not be included but within that particular period of time they can take n number of trips or voyages there is no single voyage there is no specific period of the specified cargo or specified voice like that which they are not going to mention in the time the time charter party can go ahead with the number of voyage or trips but not included loading or unloading cost and the third one is the charter by bare boat but the lease of the ship from the ship owner to the charter where they are going to take the lease for certain period of time can be called as bareboard charter party but these the various types of charter parties only as per the charter party it's an agreement in writing what type of agreement where he is going to take why charter party or time charter party or barber charter party what type of charter party let you want to hire the vessel maybe the old ship are part of the ship for purpose of carrying of goods these are the points need to be mentioned in agreement this agreement only which will be happen between the two parties one is ship owner and another one is consignor the combinedly called as contract r is going to take the booths through the sea called ax contract of affram and all these points which is most important need to be remember always regarding with the carriage of goods spicy act 1925 what is the major classes of charter party yes already which you have discussed the various types of charter party but i for example i am the charter party one who want to hire the vessel means first i need to see whether they see whether the ship is in good condition the ship is in good condition only is called as seaworthiness and the second one is sport offloading which place they need to load the goods or unload the goods the third one which is most important concept again ladies and gents additional cost for example what is the difference between ladies and gents once the ship arrived they need to enter in the registered arrived ship the port may which may given the time for loading and unloading within this particular period of days or the time they need to load and unload the work need to be completed is called as latest but if the vessel arrived the loading or unloading which they are not took place within this particular period of time in such cases they need to pay some additional cost to the port is called as damage so regarding this loading and port of loading and lay days and damage and payment of fright already which were discussed about that fight where the party is going to take the goods we need to pay amount is called as fright and what is the meaning of shift bonus lean it's called as retain okay lean is called as retain the goods who is having the position who is the person who come under liable who is having the rights if anything has happened whether she pointed this liable our charter is liable yes i agreed but the ship owner is liable for what type of charter party or else the charter may be liable for what type of charter party these are the points which we need to discuss in detail again in the next class about the various types of charter parties which party may liable which party may not be liable and the next one is delivery of the goods which may be happen in the usual manner so these are the most important classes which need to be present in the charter party next step when should notice need to be filed in case of damage of goods yes if any goods gets damaged under the carriage of goods specie hacked they need to send the notice immediately the notice may be in orally or maybe writing for that which i have given if the damage is apparent condition means they need to say give the notice immediately there will not be any delay in giving the notice next one is if the damage earlier point notice need to be given if the damage is apparent yes so what is there any ah sufficient provision if there is no apparent yes they are given if the damage is not apparent the notice must be given within three days after the delivery so these two conditions which is most important if you want to file whether the goods are in apparent condition or not at in apparent conditions need to be analyzed then only you may have right to file your notice as per which act carriage of goods by c act which year 19 25 when need to file a shoot two things as such most important here one is delivery of the goods in case of damage where the goods is going to take place from one place to another place during that period of time if the goods gets damaged then you may have right to file your shoot and the second one is the date when the goods should have been delivered in case for example i have already mentioned the goods need to be delivered within specified period of time if within that time period if the goods not delivered the respective party may have a right to file a shoot the reason is he may suffer some amount of loss so two things one is damage and another one is loss where any party may have right to file your shoot under which act under the carriage of goods by cigar 19 25. now previously we have discussed about carriage of good spicy act 1925 only for damage or loss sir is there any other provisions there is no provisions only you may have right to file your shoot for only for damage or loss for that one case law which i have presented here hang versus american steamship agencies now what is the meaning of hang versus american the first party as per the legal term is called as petitioner or plaintiff the first party is called as petitioner versus american steamship called as defendant or else respondent they need to respond so which party want to file the case means hang is one of the person who filed the case against the american steamship agencies but for that the quote has given the judgment what type of judgment which was given by the court now it applies only in the case of which one may be half placed as per the carriage of boots by c act 1925 this act may be applicable only for loss or damage and not to miss delivery or conversion of goods the most important point if you deliver your goods wrongly or conversion may be took place wrongly for that this act may not be applicable so through this case law they are given the judgment the carriage of goods by siac 1925 which will be applicable only for loss or damage now sir loss or damage you are saying is there any other case law is there any yes as for section three three in bracket subsection okay as per section three subsection six of cogs of course that means carriage of good specie act here which you all know very well nineteen twenty five there is one case law midship osk lines limited vsca number which means the two parties first part is always called as petitioner second part is called as respondent through this case law only they have given the judgment this act may be applicable when means only for two reasons one is damage another one is loss already i have mentioned few important acts the most important act two act which you have discussed regarding with the shipping carriage of good space act another one is marine insurance act 1963. now what is marine insurance now first point is for the first point of marine insurance it's a contract yes we have agreed it's an a contract agreement which includes for two types of insurance one is all insurance the meaning of all insurance funding insurance of vessels which includes equipments and machinery need to be recorded is called as hull insurance but what is meaning of cargo instance cargo insurance for any mode of transit include ship containment through rail and road where the regarding the goods is going to be take place from one place to another place as such i told any mode of transportation not only the carriage of booths by c act 1925 which will be applicable even the another important pack multi-modal transportation act also which will be applicable for for that what type of instance which may be most important here means cargo instance so two types of insurance hull insurance as well as cargo insurance but when these type of insurance which may have some impact means marine losses now it's a contract between whom contract between insurer and the insured to cover the loss or damage of ship not only ship cargo not only cargo including the property which they are going to when they have been involved in transferring the booths from one place to another place so damage or the loss of ship as well as cargo and property for this purpose only which act is most important here marine insurance act 1963 which is most important each and every evidence of a conclusion of the contract which one is again important here is various types of marine policies so these policies only which you are going to discuss with the help of a few examples these policies each and every policy it's a document which shows that evidence where the parties are entered into the contract or else it's an evidence of conclusion of the contract now which you are going to discuss with the another few few slides about the various types of policies yes the marine policies as such i told its a document a evidence of a conclusion of the contract there are various types of policies voyage policy means you are one country to another country if they are going to take to to the particular voyage alone this policy which will be applicable but is there is any deviations in the route this policy may not be applicable second one is time policy for example 11th july 2019 another six months time during the six months time once the goods which has been loaded in the vessel till the completion of particular period of time six months the completion period of time this uh time policy which will be applicable later this policy may not be applicable so they need to complete that voyage within that particular period of time and third one is valued policy valued policy both the parties mutually agreed for the damage or loss of goods both the parties mutually agreed is called as valued policy unvalued policy means there not be any such mutually agreed between the parties there is no such agreed value or agreed some between the parties other than valued policy only is called as unvalued policy so these four types are most important document which can be concluded as an evidence in the contract which may come under marine insurance act 1963 now the principles of marine instruments have presented only three important points first one is indemnify indemnity famous to save the person from the loss called as indemnified for example i am the person who have taken the policy let the insurance company wants to save me from the loss called as indemnified second one is good faith which is most important between the insured as well as insurer third one is prox make cast the instance need to be happen is the nearest place called as what proximate cause so these three are the major principles of marine insurance for in the today's class which you have discussed on the maritime law one is the contract indian contract act 1872 and what is the meaning of admiralty jurisdiction how to arrest the vessel on what basis they may have the right to arrest the vessel which court may have the power to arrest the vessel and later the carriage of goods by c act 1925 what are the various types of charter party what is the meaning of contract of affirmative and what basis the in below flooding act and carriage of goods by sea act 1925 both the act which is most important and the contract between the ship owner are the consignor also which is important and the next which we have discussed about the marine instruments and the marine instruments there are the various two types of major instruments as well as the policies which you have discussed so with this i want to conclude about the introduction of maritime law for the today's class any doubts any queries please text me i will be available for to clarify your doubts thanks