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Section 140: Assessors in causes of salvage, etc.

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Statutory Regulation
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Competent Court / Tribunal
Act 1908
Section 139 All 158 Sections of Code of Civil Procedure Section 141

Legal Commentary & Landmark Judgments: Section 140

Section 140 provides for the appointment of nautical assessors in Admiralty causes of salvage, towage, or collision, to advise the court on navigation and technical seamanship.

  • Admiralty Assessors Appointment: In any admiralty or vice-admiralty cause of salvage, towage, or collision, the court, whether it be exercising its original or its appellate jurisdiction, may, if it thinks fit, summon to its assistance two competent assessors.
  • Nautical Skill Expertise: Assessors must be persons of nautical skill and experience who advise the judge on specialized maritime questions.
  • Advisory Role: Assessors advise the court on seamanship, navigation rules, and weather conditions; final judicial decision rests exclusively with the judge.
Key Landmark Precedents:
  • M.V. Elisabeth v. Harwan Investment & Trading Pvt. Ltd., 1993 Supp (2) SCC 433: The Supreme Court delivered the landmark ruling on Indian admiralty jurisdiction, analyzing Section 140 nautical assessors assisting High Courts in maritime collision claims.
  • Liverpool & London S.P. & I Association Ltd. v. M.V. Sea Success I, (2004) 9 SCC 512: Affirmed the technical maritime expertise utilized under Section 140 in maritime arrest and salvage suits.
Courtroom Practice & Strategic Litigation Guidance:

In admiralty collision or salvage litigation before the High Court, move an application under Section 140 for the appointment of two experienced Master Mariners as nautical assessors.

Section 139 All 158 Sections of Code of Civil Procedure Section 141