BANGLADESH STEAMER AGENTS ASSOCIATION Vs. GOVERNMENT OF BANGLADESH

JUDGEMENT

(1.) This appeal by special leave is from the judgment and order of the High Court Division passed in Writ petition No. 1003 of 1978.

(2.) The appellant is an association sponsored by certain persons interested in trade and was registered as an Association under section 26 of the Companies Act read with Section 3 of the Trade Organization Ordinance, 1961 (Ordinance No. XLV of 1961) hereinafter called the Ordinance as a nonprofit making concern having the main object of doing the business of weighment / measurement of various articles of import and export by private individuals. The Government granted the license required under section 3 of the Ordinance on due approval of the Memorandum of Articles of Association of appellant. The Association, which were amended several times at the instance of the Government before the licence was granted. The chief business of the Association is weighment and measurement on all country basis, which is fully described this service being required essentially by the Steamers and Shipping agents, in Clause 3(36) of the Memorandum and is known as Licenced Measurers Department. The appellant started its business at Chittagong and Khulna. By this only earning business, the appellant maintains all its charitable objects as mentioned in the Memorandum. These objects are non-profit making public welfare objects.

(3.) This service, known as Licensed Measurers Department, is required for measurement/ weighment of various import and export of cargo and for the issuance of certificates showing actual measurement/weighment/figures of import and export accurately and promptly. On the bails of these certificates, the shipping agents charge freight and shippers get price of their export cargo from foreign buyers and the foreign exchange is earned- by the country. Licensed Measurers Department is vital to the business of the Steamer and Shipping agents, as well as the country's and international shipping business.