Act/Law wise: Judgment of Supreme Court of Bangladesh (AD)
Bangladesh Abandoned Property (Building in Urban Areas) Rules, 1972 | |||
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Section/Order/ Article/Rule/ Regulation | Head Note | Parties Name | Reference/Citation |
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 |
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 |