Novation of Agreement & Change of Ownership while Vessel is under Arrest [M.V. Nikolaos-S]

Certain fundamental principles of maritime law in India were re-visited by the Hon’ble Supreme Court in its Judgment dated 14^th September 2017 in Chrisomar Corp. v. MJR Steels Pvt. Ltd. [Civil Appeal No. 1930 of 2008], which can be found here. It is pertinent to note that at the time of passing of the Judgment the Admiralty (Jurisdiction & Settlement of Maritime Claims) Act, 20117 passed by Parliament had not come into force.

Brief Facts:

Without going into the   detailed dates of events, the relevant facts leading to filing of the Civil Appeal are as follows:

Surrogacy in India - Get a Womb!

Introduction

In ancient times surrogacy cases were rarely spoken about and were never documented. Traces and hints of surrogacy can be found in Mahabharata[1], in relation to the birth of Balaram, the brother of Krishna[2]. The earliest clear record of surrogacy can be found in the bible in which the story of Abraham and Sarah[3] mentions that Sarah had experienced infertility, and asked her handmaiden, Hagar, to carry a child for her and Abraham[4]. Since biblical times, there have probably been many such surrogate pregnancies. But it is not until the late 1970s that anything is recorded again[5]. In 1976, lawyer Noel Keane brokered the first legal agreement between a set of intended parents and a traditional surrogate mother[6]. The surrogate mother did not receive compensation for this. Commercial surrogacy was first recorded in 1980 when Elizabeth Kane received compensation for surrogacy.[7]

The Basics of Surrogacy

Surrogacy is the practice whereby