Bangladesh Citizenship (Temporary provisions) Order, 1972
Article 2, 3
Martial Law Regulation No.VII of 1977
Articles 4 and 5
General Clauses Act
Section 5(1)(b)(3)
Acting President’s order No.1 of 1972
Section 6
President’s order No.16 of 1972
Article 2(1)
Trust Act, 1882
Sections 94 and 95
Abandoned property— The respondent being a citizen and permanent resident of Bangladesh and having been found to be deemed to be a citizen upon conferment of citizenship under the provisions of the Bangladesh Citizenship (Temporary provisions) Order, 1972, and under Article 3 thereof the Government considering the circumstances having decided as such which shall be final and the appellants have as well failed to prove that he is otherwise disqualified under the concerned laws including the law on abandoned properties.
The onus lies on the Government to substantiate that the plaintiff had abandoned his domicile of choice. But there is no iota of evidence. Rather there are overwhelming evidence in favour of the plaintiffs animo revertendi, that is, leaving behind the members of his family in Bangladesh, management of his industry by his son, his property in Bangladesh, his return to Bangladesh in 1976 within statutory period of seven years. The appeals are accordingly dismissed without any order as to costs. .....Sena Kalayan Sangstha =VS= Haji Sufi Fazal Ahmed, (Civil), 2025(2) [19 LM (AD) 188] ....View Full Judgment