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    <title>2001 (1) TMI 1014 - MADRAS HIGH COURT</title>
    <link>https://www.taxtmi.com/caselaws?id=301459</link>
    <description>The Court held that the expression &quot;seamen&quot; in the Merchant Shipping Act, 1958 extends to the crew of a foreign ship in Indian waters, and that &quot;proceeding&quot; under Section 146 includes an application in a pending admiralty suit. The crew&#039;s wage claim was therefore maintainable because the application was filed while the vessel remained under arrest. However, the Court also held that a maritime lien for wages cannot survive confiscation of the vessel under the Customs Act, 1962, because confiscation operates in rem and vests the conveyance absolutely in the Central Government. The wage claim against the vessel and its proceeds was defeated to that extent, and the order directing payment from cargo sale proceeds was set aside.</description>
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    <pubDate>Wed, 10 Jan 2001 00:00:00 +0530</pubDate>
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      <title>2001 (1) TMI 1014 - MADRAS HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=301459</link>
      <description>The Court held that the expression &quot;seamen&quot; in the Merchant Shipping Act, 1958 extends to the crew of a foreign ship in Indian waters, and that &quot;proceeding&quot; under Section 146 includes an application in a pending admiralty suit. The crew&#039;s wage claim was therefore maintainable because the application was filed while the vessel remained under arrest. However, the Court also held that a maritime lien for wages cannot survive confiscation of the vessel under the Customs Act, 1962, because confiscation operates in rem and vests the conveyance absolutely in the Central Government. The wage claim against the vessel and its proceeds was defeated to that extent, and the order directing payment from cargo sale proceeds was set aside.</description>
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      <pubDate>Wed, 10 Jan 2001 00:00:00 +0530</pubDate>
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