Act/Law wise: Judgment of Supreme Court of Bangladesh (AD)
General Clauses Act, 1897 | |||
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Section/Order/ Article/Rule/ Regulation | Head Note | Parties Name | Reference/Citation |
Sections 3(21b) |
Debt due to Government—Debt due to the Government that functioned within the territories now comprised in Bangladesh is a debt due to Bangladesh. Commissioner of Taxes and others Vs. M/s. Mallick Brother, 1 BLD (AD) 285 |
Commissioner of Taxes and others Vs. M/s. Mallick Brother, | 1 BLD (AD) 285 |
Section 3(10) |
Narcotics and liquor shop—Deputy Commissioner’s authority to pass orders closing down such shop—It is apparent that maintenance of public peace being a prime concern the local administration has been vested with this power—But in view of the provisions of law a District Magistrate cannot close down a shop for an indefinite period— The foundation for his order must be preservation of the public peace—The Deputy Controller of Narcotics and liquor made a stop— gap arrangement with the verbal consent of the Deputy Commissioner to allow the vendor to carry on his business by opening a back- door—Earlier the Controller requested the Deputy Commissioner to extend his help for shifting of the shop—In the midst of such a situation the effect of the order as passed was for all practical purposes a closure of the shop for an indefinite period which is not permitted by law—Bengal Excise Act,1909 V of 1909). Ss.2(5) and 26—Finance Ordinance, 1983, S.3. Gopal Chandra Shaha Vs. Deputy Commissioner, Sunamganj and another, BLD (AD) 96 |
Gopal Chandra Shaha Vs. Deputy Commissioner, Sunamganj and another, | BLD (AD) 96 |
Section 3(38) |
Municipality meaning of—Whether after the acquisition of rent receiving interest a lessee under the Municipality has become a tenant under the Government—Whether he can be evicted from the land by the Municipality— Whether Municipality is a local authority— Whether the land belonging to the Municipality is exempt from acquisition— Local authority is understood to mean an authority entrusted with the administration of a local fund—The Municipality is a local authority — The property had vested in the Municipality which is not a rent receiver and therefore exempt from acquisition of the property—The defendant did not acquire tenailcy right under the Government—Defendant also did not acquire any tenancy right under Lhe Non-Agricultural Tenancy Act since land belonging Municipality is exempt from its provisions. Narendra Basri Roy and another Vs. Municipal Committee. Mymensingh, 6BLD (AD) 297 |
Narendra Basri Roy and another Vs. Municipal Committee. Mymensingh, | 6 BLD (AD) 297 |
Section 3(28) |
“Local Authority’
|
Mofizul Huq V. Mofizur Rahman and others, | 16 BLD (AD) 139 |
Section 3(25) |
Future rent to arise out of land are immovable property — Rent already
accrued is not immovable property —
|
Abdul Razzak Vs. Md. Shafi (1962) | 14 DLR (SC) 119 |
Section 3(32) |
University of Dhaka is a person as defined under section 3(22) of the General Clauses Act and is thus amenable to the writ jurisdiction of the High Court. University of Dhaka Vs. Zakir Ahmed (1964) 16 DLR (SC) 722. |
University of Dhaka Vs. Zakir Ahmed (1964) | 16 DLR (SC) 722 |
Section 3(10) |
Collector meaning of—
|
Gopal Chandra Saha Vs. Deputy Commissioner. | 41 DLR (AD) 60 |
Section 3(15) |
District Judge-Defined—
|
Ruhul Amin Vs. District Judge. | 38 DLR (AD) 172 |
Section 3(2) (b) |
Debt to Government-
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Commissioner of Taxes and others Vs. M/S. Mallicfc brothers. | 1 BLD (AD) 285 |
Section 3(38) |
Municipality-Meaning of—
|
Narendra Basu Roy and another Vs. Municipal Committee, Mymensingh. | 6 BLD (AD) 297 |
Section 3(50) |
Constitution of Bangladesh, 1972
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Adv. M.A. Aziz Khan =VS= Election Commission, Bangladesh | 16 LM (AD) 538 |
Section 5(3) |
Commencement of an Act arid its coming into force are not the same thing.
For commencement of an Act there can only be one date. An Act may come into
effect as a whole or in part on the day of its commencement, or it may be
given, as a whole or in part, a retrospective effect from a date earlier
than the date of commencement. Even there the Act is given retrospective
operation the significance of the date of commencement of that law will be
relevant for several reasons. From the date if its commencement an act will
find a place on the statute book of the country. [Para- 13]
|
Bangladesh Vs. Prof Golam Azam & Ors. | 3 BLT (AD) 3 |
Section 6 |
The General Clauses Act, 1897
|
Sayed Liaquat Hossain =VS= Barrister Md Rafiqul Islam Mia | 3 LM (AD) 440 |
Section 6(e) |
If a statute deals merely with the procedure in an action, and does not affect the rights of the parties, it will be held to apply, prima facie, to all actions pending as well as future. Abdul Wadud vs State 48 DLR (AD) 6. |
Abdul Wadud vs State | 48 DLR (AD) 6 |
Section 6 |
It is a cardinal principle of construction that every statute is prima facie prospective and not retrospective. Secretary, Ministry of Education & Ors. Vs. North Point University. 14 BLT (AD)109 |
Secretary, Ministry of Education & Ors. Vs. North Point University. | 14 BLT (AD) 109 |
Section 6 |
Jurisdiction of Court—Jurisdiction to give relief under an omitted provision of law— Exercise of jurisdiction under the ommitted sections ‘is permissible if the proceeding tarted at any date earlier than such omission. Sachindra Chandra Sutradhar Vs. Md. Mofizuddin, 4BLD(AD)67 |
Sachindra Chandra Sutradhar Vs. Md. Mofizuddin, | 4 BLD (AD) 67 |
Section 6 |
Bangladesh Steel and Engineering Corporation Employees Service Regulation,
1989, Regulation—42(8)
|
Chowdhury Nasimul Baqui Vs Bangladesh Steel and Engineering Corporation & others, | 20 BLD (AD) 181 |
Section 6 |
Legal effect of repeal of procedural law/Regulations —
|
Chowdhury Nasimul Baqui Vs. Bangladesh Steel & Engineering Corporation & others. | 5 MLR (AD) 250 |
Section 6 |
Right accrued under the repealed Act—
|
Lt. Col Met Amir Khan Vs. Controller of Estate Duty (1962) | 14 DLR (SC) 276 |
Section 6 clause (e) |
Applicability to proceedings—
|
Khushiram Vs. Custodian, Evacuee Property (1965) | 17 DLR (SC) 431 |
Section 6(e) |
Applicability of—
|
Bangladesh Vs. Shahjahan Seraj (1980) | 32 DLR (AD) 1 |
Section 6 |
Relief under the repealed law—
|
Sachindra Chandra Sutradhar Vs. Md. Mojizuddin. | 4 BLD (AD) 67 |
Section 6 |
In the instant case with the specific repeal of the circular dated
11-8-1966 providing no different intention appearing thereto the repealed
circular shall have not no force and similarly the incumbent's right,
privilege, obligation or liability acquired, accrued or incurred under the
existing notification dated 18-2-1982 shall continue to be guided the new
Rules. Thus, upon specific repeal of the circular dated 11-8-1966, the
repealing rules of 1982 for promotion, providing no contrary intention, the
provision provided in the new rules of 1982 shall operate and the employees
shall be governed by 1982 rules.
|
Bangladesh Power Development Board vs Abu Bakar Siddique | 15 BLC (AD) 214 |
Section 6(c) |
In the background of the facts in the instant case the provision of clause (c) of section 6 or any other provision of section 6 of the General Clauses Act is relevant since right that accrued to the heirs of Sheikh Zumman Ali who was Master Tailor in the Dhaka Central Jail was not denied or refused by the authority, rather the authority paid the benefit accrued to the heirs of Zumman Ali as regard benevolent fund and group insurance as per provision of law as was in force on the date of death of Zumman Ali i.e. on 11-9-1969. Director and Secretary Ministry of Establishment Board of Trustees vs Md Hossain 12 BLC (AD) 29. |
Director and Secretary Ministry of Establishment Board of Trustees vs Md Hossain | 12 BLC (AD) 29 |
Section 8( 1) |
Interpretation of Statute—Repeal and reenactment—Whether .by amendment
and substitution of Schedule I of the Court Fees Act in 1981 there is
repeal and re-enactment— Whether section 8(1) of the General Clauses Act
will apply—By Finance Act, 1981 Schedule I of Court Fees Act has been
amended and substituted in place of the old schedule—
|
Sonali Bank, Local Officer, Dhaka Vs. Gazi Abdur Rashid & others, | 7 BLD (AD) 269 |
Section 16 |
Purposes of enactment—One of the purposes for the enactment of the
General Clauses Act. 1897 is to avoid superfluity of language in the
statutes whenever it is possible to do so. Section 16 of the Act codified
the well understood general law that power to terminate flows naturally and
as necessary sequence from the power to crea In other words, it is a
necessary adjunct of L power of appointment and is exercised as a incident
to, or consequence of, that power tim authority to call such officer into
being ua necessarily implies the authority to termin his functions when
their exercise is no lon necessary, or to remove the incumbent for a abuse
of these functions or for other cause shown.”
|
Bangladesh Freedom Fighters Welfer Trust an.d another Vs. Md. Morn fazul Hoc— sum. | 12 BLD (AD) 199 |
Section 19 |
Authentication of Publication—When authentication by the Additional District Magistrate valid in law—Having the definition of the District Magistrate provided by law having general application Additional District Magistrate may perform the functions of the District Magistrate— Printing Presses and Publications (Declarati and Registration) Act, 1973, Ss. 12. 23 and 24. Waliul Ban Chowdhury Vs. District Magisrate, Kushtia & others, .6BLD(AD)284 |
Waliul Ban Chowdhury Vs. District Magisrate, Kushtia & others, | 6 BLD (AD) 284 |
Section 19 |
Additional District Magistrate can perform the functions of District
Magistrate—
|
Waliul Bari Vs. District Magistrate. | 38 DLR (AD) 256 |
Section 21 |
In the instant Cast the Respondent is not The learned Counsel for the Respondent upon referring to the provision of Section 21 of the General Clauses Act, 1897 tried to develop an argument that it was much within the competency of the Respondent to recall or rescind the resignation and that having had done so prior to the acceptance and communication of the acceptance of the resignation, the action of the Biman authority was incompetent one. The Respondent is not authorized by law to avail of the provision of Section 21 of the General Clauses Act in withdrawing of canceling the letter or resignation, which was of immediate effect. Bangladesh Biman Corporation & Ors. Vs. Md. Jusimuddin 11BLT (AD)-30 |
Bangladesh Biman Corporation & Ors. Vs. Md. Jusimuddin | 11 BLT (AD) 30 |
Section 21 |
Loans Poenitentiae—Power of the Government to rescind or cancel its own
order— Whether an order of de requisition can be cancelled
subsequently—Locus poenitentiae in law refers to the power of receding
till a decisive step is taken—This power can be exercised till a decisive
step is ,taken—Save ai except issuance of an order nothing was dote and
no enquiry was held and then the Government recalled the order—It cannot
be said that any right had accrued to the appellant which should not be
recalled.
|
Ainirul Islam Vs. The Secretary, Ministry of Land Administration and Land Reforms, Govt. of Bangladesh and others, | 8 BLD (AD) 25 |
Section 21 |
The Waqfs Ordinance, 1962
|
Idris Molla (Md) =VS= Administrator of Waqf Bangladesh | 12 LM (AD) 163 |
Section 26 |
In the instant facts of the case wherein proceeding was pending in. the normal Criminal Court before it was transferred to the Special Divisional Magistrate, Sadar, Noakhali and upon charge-sheet the case was triable by the Sessions Judge, Noakhali and in due process was waiting to be tried as such but for no fault of the appellant the same was transferred to the Court of Special Martial Law, Dhaka at the behest of the complainant respondent No. 4 and was tried there illegally convicting the appellant and two others under section 302 of the Penal Code and sentenced to suffer imprisonment for life, and the appellant was released from jail custody on amnesty after suffering the sentence in accordance with law. But upon an application under Article 102 of the Constitution, the said conviction and sentence was quashed as coram-non-judice by the High Court Division. Mohammad Ullah vs Sessions Judge 13 BLC (AD) 44. |
Mohammad Ullah vs Sessions Judge | 13 BLC (AD) 44 |
Section 27 |
Service of notice under section 106 of the T.P. Act—the notice sent by post at the address of the suit premises having been returned unserved with the remark of the postal authority ‘left was presumed to be good service—laying in case of M/s. Haque Brothers Ltd. Vs. Mrs Gulfam Begum, C.P. No. 314 of 1993. [Para -121 Md. Nurul Islam Vs. Md. Ali Hossain Miah & Ors. 5 BLT (AD)-297. |
Md. Nurul Islam Vs. Md. Ali Hossain Miah & Ors. | 5 BLT (AD) 297 |
Section 27 |
Service of notice by registered post — Service shall be deemed to have been effected 411cr lapse of a reasonable time. There is no controversy neither regarding the proper address nor regarding the hosting by registered post. The provision o section 27 did not leave any scope for drawing any adverse presumption regarding service of notice. In case of a letter sent by registered post, according to these provisions, as soon as the posting by registered post of a properly ad- dressed letter containing any notice or document to be served, by post is proved such service of notice shall be deemed to have been effected after the lapse of a reasonable time. Haji Khabiruddin Ahmed Vs. Muhammad Salam Kabir, 3BLD (AD)53. |
Haji Khabiruddin Ahmed Vs. Muhammad Salam Kabir, | 3 BLD (AD) 53 |
Section 27 |
The person who is disputing or trying to deny the statutory presumption of the matter as provided by the provision of section 27 of the General Clauses Act and that the presumption of correctness of genuineness of the matter as implied by illustration (f) of section 114 of the Evidence Act is to rebut the said matter or genuineness/ correctness of presumption of fact upon producing evidence. So, letter sent, notice or summons sent by registered post and if returned with the endorsement "refused" shall be accepted as good and due service of notice or summons and the delivery of the letter to the person addressed unless the addressee rebuts the presumption of good service or delivery of letter by adducing evidence. Abdur Rob Mollah vs Shahabuddin Ahmed 12 BLC (AD) 118. |
Abdur Rob Mollah vs Shahabuddin Ahmed | 12 BLC (AD) 118 |
Imposition of conversion fees–– |
Town Improvement Act, 1953
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Rajdhani Unnaiyan Kartipakkha =VS= Begum Sitara Chowdhury | 15 LM (AD) 102 |
Possession of the leasing out |
The Prevention of Corruption Act, 1947
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Anti-Corruption Commission =VS= Nazmul Huda | 3 LM (AD) 7 |