https://www.taxtmi.com/caselaws?id=288124 The court determined that plaintiffs in Admiralty suits are not required to obtain leave from the Company Court under Section 446 of the Companies Act, 1956, or Section 279 of the Companies Act, 2013. The Admiralty Act, 2017, as a Special Law, takes precedence over the Companies Act, allowing proceedings against vessels without such leave. The judgment reinforced the primacy of Special Laws over General Laws in maritime claims, emphasizing Admiralty jurisdiction as proceedings in rem. Consequently, the appeals were disposed of without costs, and connected miscellaneous petitions were closed. en-us Fri, 09 Aug 2019 00:00:00 +0530 Thu, 14 Nov 2024 12:06:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=288124 The court determined that plaintiffs in Admiralty suits are not required to obtain leave from the Company Court under Section 446 of the Companies Act, 1956, or Section 279 of the Companies Act, 2013. The Admiralty Act, 2017, as a Special Law, takes precedence over the Companies Act, allowing proceedings against vessels without such leave. The judgment reinforced the primacy of Special Laws over General Laws in maritime claims, emphasizing Admiralty jurisdiction as proceedings in rem. Consequently, the appeals were disposed of without costs, and connected miscellaneous petitions were closed. Case-Laws Companies Law Fri, 09 Aug 2019 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=288124