Chittagong Port Authority Ordinance, 1976

 

 

Whether the learned Admiralty Judge acted beyond his jurisdiction in allowing the vessel M. V Fong Yurt to leave the territorial waters of Bangladesh without payment of the port dues and other charges of the Chittagong Port Authority, while passing the compromise decree.

Held : We find no provision In the Ordinance which empowers the Court to exempt any vessel from payment of her dues payable to the Chittagong Port Authority. We are therefore of the view that the learned Admiralty Judge, In allowing the vessel M. V. Fong Yun to leave the territorial waters of Bangladesh without payment of her dues payable to the Chittagong Port Authority, travelled beyond his jurisdiction. [Para-5 & 6]

Chairman, Chittagong Port Authority & Anr Vs. Bangladesh 5 BLT (AD)-177

Chittagong Port Authority Ordinance, 1976

Chittagong Port Authority Ordinance, 1976

Whether the learned Admiralty Judge’ acted
beyond his jurisdiction in allowing the vessel M.V. Fong Yun to leave the
territorial’ waters of Bangladesh without payment of the port dues and other
charges of the Chittagong Port Authority, while passing the compromise  decree.

Held: We
find no provision in the Ordinance which empowers the Court to exempt any
vessel from payment of her dues payable to the Chittagong Port Authority. We
are therefore of the view that the learned Admiralty Judge, in allowing the
vessel M. V. Fong Yun to leave the territorial waters of Bangladesh without
payment of her dues payable to the Chittagong Port Authority, travel led beyond
his jurisdiction.

Chairman, Chittagong
Port Authority & Anr Vs. Bangladesh 5BLT (AD)-177.