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Supreme Court of India 2017-04-20 allowed

Halliburton Offshore Services INC & Anr vs Principal Officer of Mercantile Marine Department & Ors

Bench: 2 — Dipak Misra, R. Banumathi

In Brief

A two-judge bench clarified the legal requirements for granting a Provisional Certificate of Registry (PCOR) to ships becoming Indian ships abroad under the Merchant Shipping Act, 1958. The Court held that obtaining a PCOR requires the same foundational conditions as permanent registration: the ship must be fully built and sea-going, owned by qualifying Indian persons or entities, and meet all procedural requirements under the Act. Critically, a PCOR is valid for six months maximum and cannot be renewed or extended beyond that period. Upon expiry, it ceases to exist entirely; the only remedy is applying for a fresh PCOR. The decision emphasizes registration's centrality to establishing national sovereignty and responsibility over vessels flying the Indian flag.

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Shipping Law Maritime Law Ship Registration Administrative Law Statutory Interpretation

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