Article 2
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Provision of Article 2 of P0 90 of 1972 explained and held that suit u/s.
24(4) of the State Acquisition Act does not fall within the ambit of the
provision of Article 2 of the Order.
From the provisions of Art. 2 of the President’s Order No. 90 of 1972 it
does not appear that they contain any prohibition against the enforcement
of any right as can be claimed under the provisions of Article 2 of P0 90
of 1972. Under the provisions of Article 2 of the Order all legal
proceedings whether in the form of suits, appeals or applications which
challenged the legality or validity of the State Acquisition and Tenancy
Act, 1950 including any amendments thereto or the acquisition of any
property made under any provision thereto were to abate. Further, if any
order of injunction or interlocutory order has been made in such legal
proceeding they were not to have any effect. No fresh legal proceeding
challenging the legality or validity of any such law or acquisition can
also be started.
M/s. Farmers & Co. Vs. Govt. of Bangladesh (1978) 30 DLR (SC) 123.
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M/s. Farmers & Co. Vs. Govt. of Bangladesh |
30 DLR (SC) 123 |