The Emigration Ordinance, 1982, The Establishment Manual, Essentials of Adverse Possession

The Emigration Ordinance, 1982

Section-14(1) And Section-10

Cancellation of the respondent’s license—Satisfaction’—The Court would always insist that an authority exercising such a drastic power of cancellation act strictly according to law and always with fairness. Section 14(1) makes satisfaction’ of the Government a precondition of the exercise of power there under. The order of cancellation at least must show that the Government was satisfied as to the necessity of cancellation of the license for violation of any of the conditions stated therein. [Para-21]

Whether the statutory show cause notice as served on the respondent under section 14(1) of the Emigration Ordinance, 1982 is legal and valid by majority decision — the order of cancellation of the respondent’s licence (Annexure “H”) does not show that the Govt. was either “satisfied” as required under section 14(1) or that the respondent’s long representation was ever brought to its notice. The order, on the face of it, thus, was a bad order in the eye of law. [Para-22]

Govt. of Bangladesh & Ors Vs. Md. Tajul Islam 5 BLT (AD)-186

 

The Establishment Manual and Article 7 of P.O. 127 of 1972

 

Whether a question of seniority is being raised 15 years after recruitment is barred by limitation

58 petitioners filed 58 separate cases before the Administrative Tribunal in 1992 praying for fixation of their seniority with all attendant financial and other benefits on the date from when 73 Class-i officers of Bangladesh Bank were directly recruited — Held In the present cases the petitioners are not agitating the question of recruitment but of seniority and are also asking for a modification in the seniority list prepared by the Bank on 3 1-3-90. Respondent Nos. 2-6 who are among the 73 directly recruited Class-i officers have added themselves as parties in the tribunal cases, but the rest have not. We do not think that it will be in consonance with the principle of natural justice to deny them a hearing when a question of seniority is being raised 15 years after their recruitment. The Appellate Tribunal rightly decided the point. [Para- 12]

Md. Hafizuddin & Ors Vs. Bangladesh Bank & Anr 5 BLT (AD)-179

 

Essentials of Adverse Possession

 

Adverse possession must be hostile, notorious, continuous uninterrupted and actual—in the instant case defendants witness D.W. 1 himself admits plaintiffs possession before their claim of adverse possession—adverse possession must be proved to have been computed for 12 years before filing of the suit—relied on 19 DLR912, 1 DLR (Dhaka) P-395 and 49 DLR (AD) 61. [Paras-8 & 9]

Md. Bahar Ali Sarder & Ors Vs. Halima Khatoon & Anr 6 BLT (HCD)-31.

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