Act/Law wise: Judgment of Supreme Court of Bangladesh

ALL A B C D E F G H I J K L M N O P Q R S T U V W X Y Z



Inland Shipping Ordinance, 1976
Section/Order/Article/Rule/Regulation Head Note
Section 52

Section 52 of the Shipping Ordinance, 1976 gives special powers to the Marine Court notwithstanding anything contained in the Code of Criminal Procedure to try any case under Chapter 1V for shipping casualties. The Marine Court exercises its jurisdiction as a criminal Court and it can award compensation. An order to pay compensation shall have the effect of a Civil Court decree and sub-section 3 of section 52 only speaks that it is recoverable as if it is a decree of a civil Court. Bangladesh Inland Water Transport Corporation Vs Al-Falah Shipping Lines Ltd. and others, 17BLD(AD)136 ....View Full Judgment

Section 54

read with
Bangladesh Inland Water Transport Authority (Time and Fare Table Approval) Rules 1970
RuIe—15(i)(c)
As this Rule empowers the Authority in giving direction to an owner to ply his vessel on any route as per timetable approved temporarily in his favour in the public interest and in such case the Authority may waive the requirements of any or all the Rules, the noncompliance of certain Rules will not make the timetable illegal and without lawful authority.
Sirajul Hoque and others p. Bangladesh Inland Water Transport Authority and others, 22 BLD(AD)1O ....View Full Judgment

Section 54

read with time and Fare Table Approval Rules 1970 Rule 15(1)(c)
The impugned timetable was issued under Rule 15(1)(c) as additional service was required. This Rule provides to the Authority power to give direction on any owner to ply his vessel on any rule as per timetable in the public interest. This Rule also provides that is such case the Authority may waive their quarrymen’s of any or all the Rules provided in the Bangladesh Inland Water Transport Authority (Time and Fare Table Approval Rules 1970). Therefore even if it is conceded that certain Rules have not been complied with, the non-compliance of these rules will not make the time table issued under Rule 15(l)(c) in favour of M.V. Maraj to be illegal and without any lawful authority on the ground of non compliance of the Rules. It was contended that the Rule 15(1 )(c) cannot be relied upon if the requirement of section 54 of the Inland Shipping Ordinance 1976 to have a Route permit had been violated. We have been that while issuing the timetable the Authority did issue a route permit under section 54 of the said Ordinance. Sirajul Haque & Ors. Vs. BIWTA & Ors. 11BLT (AD)-36. ....View Full Judgment