Section 52
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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 IV 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
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Bangladesh Inland Water Transport Corporation Vs Al-Falah Shipping Lines Ltd. and others, |
17 BLD (AD) 136 |
Section 54
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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)10
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Sirajul Hoque and others p. Bangladesh Inland Water Transport Authority and others, |
22 BLD (AD) 10 |
Section 54
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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.
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Sirajul Haque & Ors. Vs. BIWTA & Ors. |
11 BLT (AD) 36 |