PAK LAW GPT — Pakistan Case Law AI justice scale emblemPAK LAW GPTCase law · Urdu & English

DANAE INTERNATIONAL CORPORATION vs M.V — 2022 CLC 1778 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation
2022 CLC 1778 QUETTA-HIGH-COURT-BALOCHISTAN
Court
Balochistan High Court
Year
2022
Reporter
CLC
Parties
DANAE INTERNATIONAL CORPORATION vs M.V
Subject matter
Civil
Provisions referred to
S. 3; Civil Procedure Code (V of 1908); High Courts Ordinance

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

DANAE INTERNATIONAL CORPORATION VS M.V. CAMEL (EX-CAMELOT) S.3(1) &(2)---Civil Procedure Code (V of 1908), O.VII, R.11---Suit for recovery of damages---Rejection of plaint---Action in rem---Scope---Plaintiff sought recovery of damages for violating sale agreement against vessel and its previous owner---Validity---Plaintiff claimed his right under S.3(1)(g) of Admiralty Jurisdiction of High Courts Ordinance, 1980, which spoke about "any claim for loss or damage to goods carried in a ship"---Plaintiff sought damages for alleged act of defendant who reneged from contract of sale---No such agreement existed between parties nor was proved--- Claim of plaintiff did not arise out of any condition provided in S.3(2) of Admiralty Jurisdiction of High Courts Ordinance, 1980---Plaintiff had no claim of nature provided in S.3(2) of Admiralty Jurisdiction of High Courts Ordinance, 1980, upon or against defendant vessel---Claim of plaintiff was that it suffered damages on account of agreement made by it for selling defendant vessel to plaintiff but had failed in their obligations and to honor their contract, resulting in selling of vessel to some other party---Such damages were not covered in provisions under S.3(2) of Admiralty Jurisdiction of High Courts Ordinance, 1980, and could not be enforced in rem against defendant ship---High Court declined to pass any decree in favour of plaintiff and against defendants---Plaint was rejected, in circumstances. Head NotesCase Description

Other judgments reported in 2022 CLC

Back to the case-law library · Search Pakistani case law in Urdu or English