Act/Law wise: Judgment of Supreme Court of Bangladesh

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Chittagong Port Act (V of 1914)
Section/Order/Article/Rule/Regulation Head Note
Section 50B

Removal of goods from port area—Section 50B of Chittagong Port Act providing that Port Trust shall not be responsible for goods if not removed from port area within 5 days of landing—Section 50B not applicable when Port Trust denies receipt of goods in its custody. Chittagong Port Authority Vs. Sadharan Bima Corporation and others; 1 BLD (AD) 373. ....View Full Judgment

Sections 50, 40A and 63

Liability of the Port authority to pay compensation for non-delivery of goods—When the Shipping Company had delivered the goods the port authority must be deemed to be the agent for the consignee—The liability of the Port authority must be deemed to be of the agent for the consignee—The liability of the port authority is that of a bailee—They would be liable in the absence of proof that they took as much care of the goods as a man of ordinary prudence would in similar circumstances take—A suit based on non-delivery is really based on a breach of the duty—Contract Act (IX of 1872) Ss. 151, 152 and 161. The Chittagong Port Authority Vs. Md. Ishaque and others; 3 BLD (AD) 338. ....View Full Judgment

Section 109(2)

Suit against Chittagong Port Trust for short delivery—Suit to be filed within six months of accrual of right to sue in accordance with section 109(2) of Chittagong Port Act which prescribes a special law of limitation—Article 115 of Limitation Act not applicable—Limitation Act (IX of 1908) S. 29 and Art. 115. Chittagong Port Authority Vs. Sadharan Bima Corporation and others; 1BLD(AD) 373 ....View Full Judgment

Section 109(2)

Accrual of right to sue—Right to sue for compensation for short delivery accrues against Port Trust on the date plaintiff gets definite knowledge that the Port Trust was responsible for the shortage. Chittagong Port Authority Vs. Sadharan Bima Corporation & others; 1 BLD (AD) 373. ....View Full Judgment

Section 109(2)

Suit against ‘Port Turst’—Plai ntiff entitled to add the period of notice under section .109 (1) of Chittagong Port Act in computing the period of limitation. Chittagong Port Authority Vs. Sadharan Bima Corporation & others; 1 BLD (AD) 373. ....View Full Judgment