Understanding Beneficial Ownership: A Landmark Admiralty Case in India

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..... n the concept of "beneficial ownership" in the context of admiralty jurisdiction and the arrest of vessels. This intricate legal discussion centered around whether a maritime claim could be lodged against a vessel based on the actions of a charterer, who is not the registered owner but is in control and use of the ship, thus considered its beneficial owner for specific legal purposes. I .....

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..... jurisdiction in India. Analysis of Issues The Supreme Court scrutinized the concept of "beneficial ownership" within admiralty law, distinguishing between legal ownership (registered owner) and beneficial ownership (person or entity exercising control and use of the vessel). The court examined international conventions, Indian admiralty law, and precedents from other jurisdictions to a .....

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..... e context of admiralty law in India, delineating the conditions under which a charterer can be held accountable for maritime claims against a vessel. It reaffirms the nuanced approach required in admiralty disputes, where the control and use of a vessel can confer certain responsibilities and liabilities distinct from those of legal ownership. The judgment serves as a critical guide for future cas .....

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