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Act means Act of Parliament, that which is done by persons, generally
consequent on volition. It may include a deliberate omission. Act in
legislation is a statute or law made by legislative body. In its general
legal sense, this word ‘act’ denotes a matter or thing done by an
individual. “Act”, used with reference to an offence or a civil wrong,
shall include a series of acts, and words which refer to acts done extend
also to illegal omissions. ….. ( Section 3(2) of the General Clauses Act,
(Act X of 1897) )
Act in legislation is a statute or law made by legislative body. “Act of
Parliament” shall mean an Act passed by Parliament and shall include any
Act passed or made by any legislature or any person having authority to
legislate under any Constitutional instrument and in force in Bangladesh or
any portion thereof. ….. ( Section 3(1a), the General Clauses Act, 1897
(Act X of 1897) )
When a reference is made to any enactment which has been amended by
subsequent amendments, the reference to the original Act with its original
number would mean the Act as it stands on a partic¬ular day with all the
amendments. ….. ( Sui Gas Trans¬mission Co. vs. Islamic Republic of
Pakistan (1959) 11 DLR (SC) 301 )
Where changes in the rules have been effected by a non-legislative body
under rule-making power the principle that rules or regulations cannot
affect a provision of the Act is applicable even though it has to be
considered as embodied in the Act and in case of conflict between a rule
and provisions of the Act the latter prevails. ….. ( Mansur Ali Vs.
Member Board of Revenue, (1959) 11 DLR 412 )
See s. 33 of the Penal Code, 1860; s 3(2) of the General Clauses Act, 1897
(Act No. X of 1897).
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