Act/Law wise: Judgment of Supreme Court of Bangladesh


Enemy Property (Continuance of Emergency Provision) Ordinance [I of 1969]
Section/Order/Article/Rule/Regulation Head Note
Section 2

Since the law of enemy property itself died with the repeal of Ordinance No. 1 of 1969 on 23–3–1974 no further Vested Property case can be started thereafter on the basis of the law which is already dead. Aroti Rani Paul vs Sudarshan Kumar Paul and others 56 DLR (AD) 73. ....View Full Judgment

Section 3

Ordinance No. 1 of 1969 w315 repealed by Ordinance No. 4of1974. The Enemy Property vested in the Custodian has been vested in the Government by repeal of rule 182 of Defence of Pakistan Rules by Ordinance No. 4 of 1974. Rahima Akhter vs AK Bose 40 DLR (AD) 23. ....View Full Judgment

Section 3(1) Clause 4(1)

Vested Property –Execution of document in an Exchange case­. After a deed of settlement was executed by a competent officer of the Government whether it could take the plea that the officer had acted without its authority–Under the provisions of Act XLV of 1974 a vested property can be transferred by the Government or by such officer as the Government may direct. The Government having directed the ADC (Rev). to take necessary action in the matter and in view of circulars on the subject, there is no room for doubt that the ADC was duly authorised to execute and register the deed of settlement. The order setting aside the deed is therefore without lawful authority. Muzaffar Ali vs Bangladesh 43 DLR (AD) 137. ....View Full Judgment

Enemy Property (Continuance of Emergency Provisions) Ordinance I of 1969– (Continuance of Emergency Provisions) (Repeal) Ordinance–Repeal Act XLV of 1974– Ordinance 93 of 1976. All Enemy Property vested in the Custodian is vested in Government.
This Repealing Act in section 3(1) provides, inter alia, that all enemy property vested in the Custodian of Enemy Property appointed under the Defence of Pakistan Rules as continued in force "shall vest in the government". This section was amended by Ordinance No. 93 of 1976 which provides that the enemy property vested in the government shall be administered, controlled, managed or disposed of by transfer or otherwise by the Government.
With the enactment of the Repealing Act as amended by Ordinance 93 of 1976, we find that the property which was 'enemy property' under the Defence of Pakistan Rules has become 'vested property' and that the Government got all powers to administer, control and dispose of it by transfer or otherwise.
Priyatosh Talukder vs Asstt. Custodian 39 DLR (AD) 178. ....View Full Judgment

By the amendment of section 3 of Act No. 45 of 1974 the entire complexion of enemy property was changed and power was given for disposal or transfer to the government vide section 2 of Ordinance No. 93of1976.
The legislative process has undergone change from "preservation" of Enemy Property to administration and disposal of the said Property under Order No. 93 of 1976.
Government having stepped into the shoes of the Custodian by PO No. 29of1972 and Act No. 45 of 1974 cannot be heard to say that it has no power to transfer the property in question. The Custodian has no claim to such property.
In 1976 the Government became the sole authority and got power of disposal and transfer by Order No. 93 of 1976.
Rahima Akhter vs AK Bose 40 DLR (AD) 23. ....View Full Judgment