President’s
Order No. 12 of 1972
Article 3—
Restoration
of legal proceedings —When restoration can be allowed to defendants that had
sold out their interests in the suit landsIn their application under Article
12 defendant Nos. 2 & 3 did not deny the sale of their interests but they
asserted that they had their ancestral homestead in the suit land and they were
cosharers of the holding and the suits were compromised in their absence. They
were not required to disclose what stand they would take in their written
statements which could only be filed after the restoration of the suits. The
case made out by them in their present application that they are co-sharers was
good enough for restoration of the suits. The law in the case reported in 35
DLR 86 has not been correctly decided.
Mohammad
Ashraf Ali vs Rajeswar Ghose 43 DLR (AD) 149.
President’s
Order No. 16 of 1972
Section 2—
Abandoned
property—Meaning of leaving the house—In the “known circumstances”
referred to by the respondent No. 3 it was not unnatural for him to feel
insecure and leave the house for security. Leaving the house in such a mental
state does not mean that he gave up his right to the property and therefore, it
cannot be said that he ceased to occupy the house.
Abdul Quddus
vs Bangladesh 44 DLR 484.
Article 2—
At the time
of taking over the company as abandoned the formation of the opinion of the
Government as to its abandoned character was necesary.
Arif A
Shekha and others vs Bangladesh 47 DLR 289.
Article 2—
As the
company and its shares have been vested under President’s Order No. 27 of 1972
on the ground that it was vested in the Government as abandoned property, under
President’s Order No.16 of 1972 if it is found that the company and shares
thereof does not carry abandoned character then the shares of the petitioners
who were found to have been away from the country and have been residing as its
nationals in any country which was ‘not at war with Bangladesh could not be
treated as abandoned shares.
Arif A Shekha
and others vs Bangladesh 47 DLR 289.
Article 2—
The High
Court Division was not a Court of appeal required to make determination of
facts on its own. It could interfere with the findings of a tribunal of fact
under Article 102 only if it could be shown that the tribunal had acted without
jurisdiction or made any finding upon no evidence or without considering any
material evidencelfacts causing prejudice to the complaining party or that it
had acted mala fide or in violation of any principle of natural justice.
Government
of Bangladesh, represented by the Secretary, Ministry of Works vs Md Jalil
& others 49 DLR (AD) 26.
Articles 4 & 5—
A statutory
vesting cannot go beyond the terms of the statute itself. The Government acting
in the Ministry of Industries under President Order No. 16 of 1972 could not
have assumed either the paramount ownership of or the lessor’s interest in the
disputed land.
National
Engineers Ltd vs Ministry of Defence 44 DLR (AD) 179.
Article 102—
The High
Court Division could interfere with the findings of a tribunal only if the
tribunal had acted without jurisdiction or made any finding upon no evidence or
without considering any material evidence causing prejudice to the complaining
party or acted malafide or in violation of the principle of natural justice.
Hamayet
Uddin Ahmed vs 1st Court of Settlement, Bangladesh Abandoned Building & ors
53 DLR 426.
President’s
Order No. 26 of 1972
Articles 3 & 31—
Termination
of bank employee—Civil court jurisdiction—There is no specific provision either
in the President’s Order in the Bank (Employees) Service Regulation against
termination or employment or imposition of penalty before any court. There is
therefore no question of inconsistency of any provision of the Regulation with
section 25 of the Standing Orders Act as to forum for judicial redress. This
section must be read to have been made applicable in respect of any liability
created under the service regulations. The Courts below therefore fell into an
error of law in not holding that the suits were impliedly barred and the civil
Court had no jurisdiction to entertain the same.
Pubali Bank
Limited vs Mansur Ali Akanda 44 DLR 589.
President’s
Order No. 27 of 1912
Article 4—
Since the
company is directed to be wound up with effect from 5-2-1982, the Government
cannot now exercise its powers under Article 8 of the Order.
Razia
Sultana vs Government of Bangladesh and others 56 DLR 366.
Articles 4 & 10—
As the
company and its shares have been vested under President’s Order No.27 of 1972
on the ground that it was vested in the Government as abandoned property, under
President’s Order No.16 of 1972 if it is found that the company and shares
thereof does not carry abandoned character then the shares of the petitioners
who were found to have been away from the country and have been residing as its
nationals in any country which was not at war with Bangladesh could not be
treated as abandoned shares.
Arif A
Shekha and others vs Bangladesh 47 DLR 289.
Articles 10 & 17—
The present
definition of the local authority as contained in section 3(28) of the General
Clauses Act included a corporation like Bangladesh Chemical Industries
Corporation or Bangladesh Food and Sugar Industries Corporation which are
brought into existence under the provisions of President’s Order No. 27 of
1972.
Commissioner
of Taxes vs Bangladesh Chemical Industries Corporation 53 DLR 509.
President’s
Order No. 69 of 1972
Article 4(1)—
The
Government of Bangladesh is not a successor of the defendant, Province of East
Pakistan. It substituted itself as a party by a legal fiction under Article
4(1) of PO No. 69 of 1972 and acquired a right to have heard the suit de nova,
irrespective of whatever hearing took place before liberation of Bangladesh.
Chowdhury
Tanvir Ahmed Siddiky vs Bangladesh 40 DLR 331.
President’s
Order No. 88 of 1972
President’s
Order No. 88 of 1972 created special forum for restoration of mortgaged
property. But it did not take away right of redemption available to a mortgagor
by filing a mortgage suit.
Asmat Ali vs
Abdur Rafique Mridha and others 52 DLR (AD) 132.
President’s
Order No. 90 of 1972
Article 2—
The process
of acquisition becomes final only after publication of the notification in the
official Gazette declaring that the compensation assessment roll has been
finally published. The property vests in the government only after such
notification is published. The present case does not come within the mischief
of President Order 90l72 since the plaintiff seems to be in possession of the
property and there is absence of the required notification.
Khorshed
Ahmed Chowdhury vs Bangladesh 43 DLR 264.
President’s
Order No. 135 of 1972
Second
diluvion of the suit land took place in 1362—63 BS and re—appeared in 1374
BS—clauses (2) and (3) attracted because diluvion .took place before the
commencement of PO No. 135 of 1972—Plaintiffs right was never recognised under
clause (3) of section 86—The view taken by the lower court and upheld by High
Court Division is correct.
Syed
Nizamuddin Mohasin vs People’s Republic of Bangladesh 41 DLR (AD) 141.
Articles 2 & 3—
In the lands
which were in diluvion prior to 13th July, 1994 the right of the original
tenant or his successors would continue if the lands re—appear in situ within
30 years. The Government can only claim such of these lands in diluvion which
had re—appeared prior to 13th July under the PO No. 135 but cannot claim such
right in respect of lands which in still is diluvion.
Kajemuddin
Miah (Md) vs Bangladesh and others (Spl Original) 52 DLR 240.
President’s
Order No. 136 of 1972
President’s
Order No. 88 of 1972 created special forum for restoration of mortgaged
property. But it did not take away right of redemption available to a mortgagor
by filing a mortgage suit.
Asmat Ali vs
Abdur Rafique Mridha and others 52 DLR (AD) 132.
President’s
Order No.147 of 1972
Article 28—
Local
Authority—As the expression “any authority” falls in the incusive
definition of the local authority it cannot be said that “any
authority” does not include the school in question, specially in absence
of any explicit language in the Ordinance by which the expression
“school” is excluded from the definition of “any
authority”.
Abdul Mazid
vs Abu Zaffor Mohammad Khalil and others 47 DLR 242.
President’s
Order No. 149 of 1972
Article 2(ii)—
Right of
citizenship- Domicile certificate issued by the then Government of East
Pakistan in favour of the ‘petitioner would go to show that he was recognised
as a national of Bangladesh and was permitted to livein Bangladesh permanently.
The petitioner’s living in Bangladesh clearly responds to the requirement of
Article 2(ii) and he is deemed to be a citizen of Bangladesh. Mere filing of an
‘application by him for repatriation cannot take away this right of
citizenship.
Abdul
Khaleque vs Court of Settlement 44 DLR 273.
President’s
Order No. 150 of 1972
Article 7(3)—
Right to
practice as an Advocate of the Appellate Division—Question of entitlement to
practice before the Appellate Division of the Supreme Court of Bangladesh by an
Advocate of the then High Court of Bangladesh without having enrollment under
Supreme Court of Bangladesh (Appellate Division) Rules, 1988—The appellant was
entitled to practice before the Appellate Division of the then High Court of
Bangladesh under President Order No. 9 I of 1972 and this entitlement continued
till 16th December, 1972. With effect from that day, which is the day of
commencement of the Constitution of Bangladesh the provisions of Article 7(3)
of President’s Order No. 150l72 came into force, and thereunder any reference
in any law to an Advocate of the High Court of Bangladesh shall be construed as
an Advocate entitled to practice before both the Divisions of the Supreme
Court. Also section 6(c) of the General Clauses Act will apply to the
appellant’s case so as not to affect his right accrued under the repealed law
(President’s Order No. 91172).
Shamsuddin
Ahmed vs Bangladesh 44 DLR (AD) 203.
President’s
Order No. 7 of 1973
Article 27—
The word ????? in this
second refers to ‘suit’ and not to all kinds of legal proceedings.
Bangladesh
House Building Finance Corporation vs Jahan Ara Akhter & others 49 DLR (AD)
80.
Article 27—
‘Suit, is a
term of art and ordinarily means a proceeding instituted in the Civil Court by
presentation of a plaint. The action contemplated under Article 27 is,
therefore, outside the concept of ????? which we have found to correspond with ‘suit’ as provided in the
main part of section 5(1) of the Act,
Bangladesh
House Building Finance Corporation vs Jahan Ara Akhter & others 49 DLR (AD)
80.
President’s
Order No. 17 of 1973
Article 4(1)—
Election to
seats reserved for women—Who are the voters for such electionPersons elected
as members to the Parliament from the general seats shall make and subscribe
oath as early as possible before the Speaker or the person designated by him
within a date given by him: The person who administers the oath in respect of a
member of the Parliament shall forthwith inform the Election Commission of the
administration of such oath as only those elected members of the Parliament who
have made oath shall be voters for the purpose of election to seats reserved
for women members in Parliament.
Fazle Rabbi
vs Election Commissioner 44 DLR 14.
President’s
Order No. 19 of 1973
Articles 3-8
Honest user
of a trade mark for a long time—Registrar fails to exercise jurisdiction to
dispose of the petition for registration of the trade mark—Petitioners Sattar
Match Works acquired a right to use the trade mark ‘Cock’ and got summary
registration for the same by concurrent and honest user for about three decades
along with Ujala Match Factory. In order to do complete and substantial justice
the Court in exercise of its inherent discretionary jurisdiction gives
direction to the Registrar of Trade Marks to grant summary registration for the
trade mark without prejudice to the Ujala Match Factory for its concurrent use
of the same trade mark ‘Cock’.
Sattar Match
Works vs BCIC 43 DLR 532.
President’s Order No. 34 of 1973
President’s
Order No. 88 of 1972 created special forum for restoration of mortgaged
property. But it did not take away right of redemption available to a mortgagor
by filing a mortgage suit.
Asmat Ali vs
Abdur Rafique Mridha and others 52 DLR (AD) 132.