Act/Law wise: Judgment of Supreme Court of Bangladesh

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Chittagong Port Authority Ordinance, 1976
Section/Order/Article/Rule/Regulation Head Note
Section 19

The Admiralty Judge, in allowing the vessel to have the territorial waters of Bangladesh without payment of her dues payable to the Chittagong Port Authority, travelled beyond his jurisdiction. Chairman Chittagong Port Authority & another vs Ministry of Defence and others 49 DLR (AD) 152. ....View Full Judgment

Section 49

Notice– In the plaint, there is an averment that notice under section 49 of the Chittagong Port Authority Ordinance had been served. When there is clear assertion in the plaint itself that notice under section 49 of the Ordinance was served upon the Chittagong Port Authority, it could not be said that the suit is barred by law as envisaged in clause (d) of rule 11 of Order VII of the Code of Civil Procedure.
We hold that the High Court Division was justified in allowing the appeal and setting aside the judgment delivered by the learned Subordinate Judge rejecting the plaint. The appeal is dismissed and the impugned judgment passed by the High Court Division is affirmed. ...Abdur Razzak Dobhash =VS= Ali Murtaza Dobhash, (Civil), 2020 [9 LM (AD) 79] ....View Full Judgment