| Case ID |
150c0ea7-ae75-4bbc-acdf-33cc64d76ba1 |
| Body |
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| Case Number |
Civil Appeal No.123-K of 1981 |
| Decision Date |
Apr 24, 1991 |
| Hearing Date |
|
| Decision |
The Supreme Court ruled that the crew members and master of the vessel m.v. Asian Queen have a maritime lien on the vessel for their wages, which takes precedence over the mortgage claim of the appellant. The court clarified that the interest earned on the sale proceeds of the vessel is to be allocated to satisfy the decrees in favor of the crew members and master, and not distributed rateably among all claimants. The court emphasized the significance of maritime lien, detailing its characteristics and the rights it confers upon the lienee. The appeal was allowed with no order as to costs, affirming the priority of the crew and master's claims over the mortgagee's claim. |
| Summary |
This case revolves around the admiralty jurisdiction of the Supreme Court of Pakistan concerning the vessel m.v. Asian Queen, which was involved in multiple suits regarding the claims of crew members for unpaid wages. The court addressed the complexities of maritime liens and the priorities of various claims against the vessel's sale proceeds. The decision underscored the established principle that crew members and masters have a maritime lien on their wages, a right that is enforceable against the vessel itself. The ruling highlights the importance of protecting the rights of seamen and ensuring fair treatment in maritime law. The court emphasized that the lien remains attached to the sale proceeds even after the vessel is sold, ensuring that the crew's claims are satisfied before other claims. This ruling is significant for maritime law practitioners and highlights essential principles related to admiralty jurisdiction, maritime liens, and the prioritization of claims, contributing to the evolving landscape of maritime law in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
HONG LEONG FINANCE LIMITED,
m.v. ASIAN QUEEN
|
| Judges |
ZAFAR HUSSAIN MIRZA,
SALEEM AKHTAR,
NASIR ASLAM ZAHID
|
| Lawyers |
Zahoorul Haq,
Faizanul Haq,
S.M. Abbas,
A.A. Dastagir
|
| Petitioners |
HONG LEONG FINANCE LIMITED
|
| Respondents |
m.v. ASIAN QUEEN through Nazir High Court
|
| Citations |
1991 SLD 592,
1991 PLD 1021
|
| Other Citations |
Manickam Chettiar v. Income-tax Officer, Madura AIR 1938 Mad. 360,
V.T. Ranga Bashyam Chetty v. Sambandara Chetty AIR 1952 Mad. 540,
British Shipping Laws Vol.14,
Maritime Lien by Thomas 1980 Edn.,
The Mons 43 L.L.Rep 151 = (1932) P.109,
The Leoborg (No.2) 1964 1 Lloyds L. Rep. 380,
Ghulam Abbas v. Trustees of the Port of Karachi PLD 1987 SC 393
|
| Laws Involved |
Admiralty Jurisdiction of High Courts Ordinance (XLII of 1980),
Courts of Admiralty (Pakistan) Act (XVI of 1891),
Sindh Chief Court Rules (O.S.)
|
| Sections |
3,
4(6),
762,
763,
774
|