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The Bangladesh Merchant Shipping Ordinance, 1983

( Ordinance NO. XXVI OF 1983 )

Chapter 36


Re hearing, etc.
439. (1) The Government may, either of its own motion or on receipt of an application from any person affected by an order under section 431, or section 434, or section 438, in respect of any case in which an inquiry has been held under this Part, order the case to be re heard, either generally or as to any part thereof, by any person or persons or by any Court, specially appointed or empowered for the purpose and shall, in respect of every case, so order-
(a) if new and important evidence which could not be produced at the inquiry has been discovered; or
(b) if, for any other reason, there has, in its opinion, been a miscarriage of justice.
(2) An application under sub section (1) shall be made in such form, within such time and on payment of such fees and a case shall be re heard in such manner, as may be prescribed.
(3) The provisions of sub section (3) of section 416, section 420, section 421 and section 425, shall, so far as may be, apply to every case re heard under this section as if the re hearing were in inquiry referred to therein.

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