Articles 4 & 5
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Martial Law Regulation No. VII of 1977
Articles 4 & 5—
The suit lands do not subscribe to the said definition to be declared as
abandoned and the present suits do not come within the mischief of MLR No.
VII of 1977 or under the aforesaid provision of the Schedule of the
Constitution and the concerned President's Order.
Sena Kalyan Sangstha vs Haji Sufi Fazal Ahmed 10 BLC (AD) 198.
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Sena Kalyan Sangstha vs Haji Sufi Fazal Ahmed |
10 BLC (AD) 198 |
Article 5(2)
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MARTIAL LAW REGULATION NO. VIII of 1977
Article—5(2)
Abatement of suit or proceeding— Abatement of suit or proceeding when
vesting or taking over of any property as abandoned property is not
challenged whether legal— When there is no challenge to such vesting or
taking over and the Government did not invoke the provisions of Article
5(2) of Martial Law Regulation No. VII of 1977 and even did not apply to
the Court for recording abatement of the suit, the Court in recording suo
motu order of abatement seems to have ‘roceeded arbitrarily.
Asaduzzaman Vs. Bangladesh, represented by the Secretary, Ministry of
Public Works and Urban Development, 4BLD (AD) 189
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saduzzaman Vs. Bangladesh, represented by the Secretary, Ministry of Public Works and Urban Development, |
4 BLD (AD) 189 |
Order 9 of 1982
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Review Forum—
The recommendation of Review Committee or Review Forum is not binding upon
the Government. In case of similar recommendation when one is reinstated in
service while other of same footing is not, the Government has to show good
reason; otherwise such an order is liable to be struck down being
discriminatory on unequal treatment.
Bangladesh Vs. A.K.M Al-Mamun and others 1, MLR (1996) (AD) 161.
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Bangladesh Vs. A.K.M Al-Mamun and others |
1 MLR (AD) 161 |
Regulation 18
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Martial Law Regulation No. I of 1982
Regulation 18—
It is clear that the Chief Martial Law Administrator interfered with the
awarding of sentence and imposed 3 sentences namely, imprisonment, fine and
confiscation which the High Court Division rightly found to be not
authorised by law when the confiscation has been affirmed in the later part
of the order of Chief Martial Law Administrator the High Court Division
found that this should be held to be without lawful authority.
Bangladesh and another vs Feroz Mehedi 6 BLC (AD) 80.
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Bangladesh and another vs Feroz Mehedi |
6 BLC (AD) 80 |
Order 131 of 1986
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Order No. 131 of 1986— Review—
The Martial Law Order No.9 of 1982 provided for review of the order passed
thereunder. Subsequently Martial Law Order No. 131 of 1986 provided for
review of the pending cases of review by Forum constituted thereunder. Once
the order of compulsory retirement has been reviwed by the Chief Martial
Law Administrator, there is no scope for review of the same for the second
time under Martial Law Order No. 131 of 1986.
Mustafizur Rahman Vs. Bangladesh represented by the Secretary, Ministry of
Establishment and others 4, MLR (1999) (AD) 16.
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Mustafizur Rahman Vs. Bangladesh represented by the Secretary, Ministry of Establishment and others |
4 MLR (AD) 16 |