Maritime lien

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..... e claim and a maritime lien and held as follows: 22. 'No Indian Statute defines a maritime claim' is the clear finding of Supreme Court in M.V. Elisabeth- 1992 (2) TMI 369 - SUPREME COURT. But our Supreme Court followed the provisions of the Supreme Court Act 1981 of England where maritime claims have been listed on the basis of Brussels Convention of 1952 on the Arrest of Sea Going Ship .....

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..... cial determination of the concept of 'maritime lien' by English courts and which I quote as follows: A maritime lien is a privileged claim against the ship or a right to a part of the property in the ship, and it "travels" with the ship. Because the ship has to "pay for the wrong it has done", it can be compelled to do so by a forced sale. (See The Bold Buccleugh, (18 .....

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..... are exercised by taking proceedings against the property itself in a form of action styled an action in rem (The Glasgow Packet, 2 Rob. W. 312; The Repulse, 4 Notes of Cas. 170), and, from this and their secret nature, they closely resemble the species of security known to Roman law under the name of hypotheca (Dig. xiii). Interest, if any allowed, and the costs of enforcing a claim for which a ma .....

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