Act/Law wise: Judgment of Supreme Court of Bangladesh

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Bangladesh Abandoned Property (Building in Urban Areas) Rules, 1972
Section/Order/Article/Rule/Regulation Head Note
Rule 10(4A)

Subordinate legislation cannot give retrospective effect unless authorised by the parent legislation. In the instant case the new sub-rule 4A of Rule 10 of the Rules of 1972 neither says that it will have retrospective effect nor is there any authority from the patent law, that is the Bangladesh Abandoned Property (Control, Management and Disposal) Order 1972 (President's Order No. 16 of 1972) to make Rules with retrospective effect. Therefore, the auction sale having taken place before the amendment of Rule 10 by inserting sub-rule (4A) of the Rules of 1972 the sale would be governed by the law as it existed then which is sub-Rule 4 of Rule 10.
United Commercial Bank Ltd and anr vs Rahimafrooz Batteries Ltd and ors 7 BLC (AD) 73. ....View Full Judgment

Rule 10(4A)

In the instant case, by accepting the offer of defendant No. 3 by defendant No. 1 and delivery of possession of a part of the suit holding there was a concluded contract between defendant No. 1 and defendant No. 3 and subsequent amendment of the Bangladesh Abandoned Property (Building in Urban Areas) Rules, 1972 by sub-rule (4A) could not take away the vested right or be detrimental to the right of defendant No. 3 but the Courts below committed an error of law in holding that, the auction sale was not complete and the plaintiff had pre-emptory right to make offer of the highest bid made in the auction on the strength of subsequent amendment of the Rules by inserting sub-rule (4A) in Rule 10 of the Bangladesh Abandoned Property (Building in Urban Areas) Rules, 1972.
United Commercial Bank Ltd and anr vs Rahimafrooz Batteries Ltd and ors 7 BLC (AD) 73. ....View Full Judgment