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



Bangladesh Petroleum Act, 1972 [LXIX of 1974]
Section/Order/Article/Rule/Regulation Head Note
Section 2(e), 4

Imported high speed diesel–
Once the Petroleum product is found inside the country on import at the instance of any one except the Government or the Bangladesh Petroleum Corporation, Petroleum agreement is a condition precedent to dealing with such product. In the absence of any restriction imposed either in the Imports and Exports Control Act or in the Import Policy Order, the Customs or the National Board of Revenue would not be competent to refuse clearance of any imported high speed diesel. .....Government of Bangladesh =VS= Q.C. Petroleum Ltd., (Civil), 2018 (1) [4 LM (AD) 206] ....View Full Judgment

Sections 2(e) and 4(2)

The expression "Petroleum Operation" as found in section 4(2) and defined in section 2(e) of the said Act, 1974 has not stipulated for any kind of petroleum agreement with the Government or the Bangladesh Petroleum Corporation as a pre-condition to importing such petroleum product. But such agreement is required to be in place at the time and in course of explo­ration, extraction of the Petroleum Product, its development, exploitation, production, refining, processing or marketing. In other words, once the Petroleum product is found inside the country on import at the instance of anyone except the Government or the Bangladesh Petroleum Corporation, Petro­leum agreement is a condition precedent to dealing with such product. In the circum­stances, the Customs as well as the National Board of Revenue acted without any lawful authority in passing the orders impugned in the writ petition refusing to discharge the consignment in question. Bangladesh vs QC Petroleum Ltd 11 BLC (AD) 57. ....View Full Judgment

Sections 2(e) and 4(2)

When these two sections are read together, it appears that no agreement or clearance of the Government or the Petroleum Corporation are required to import High Speed Diesel—
Import of Petroleum are shown in the free list. On the other hand there is no provision either in the Import and Export Control Act or in the import policy requiring any agreement with Government or clearance from the Petroleum Corporation for import of High Speed Diesel. Such agreement is required only when the petroleum products are brought within Bangladesh. Accordingly their Lordships of the Appellate Division declared the impugned order illegal and of no legal effect. Secretary, Ministry of Energy and Mineral Resources, Government of Bangladesh and others Vs. Q.C Petroleum Ltd. and others 14 MLR (2009) (AD) 322. ....View Full Judgment