General Clauses Act, 1897


General Clauses Act [X of 1897]


Section 3(16)—

The information asked for by the impugned order from the
petitioner is not something which is capable of being searched. Therefore the
information asked for does not conform to section 94 of the Code. The impugned
order purported under section 94 of the Code and Articles 31/50 of the
Anti-Corruption Manual is unauthorized and illegal as they do not confer any
power to direct a person to give information.

The information asked for the purpose of inquiry was of a
roving nature and was merely fishing for information. If we are to believe that
the inquiry was in response to the information received by the anonymous letter
then the wholesale information of all cases handled by the petitioner from
1-3-93 to 20-3-94 cannot be said to be connected with the alleged remittance of
the sale proceeds of the house at Motijheel and Gulshan. The asking for such
wholesale information of the cases handled by him for that period appears to us
to be malafide, fishing for information only to harass the petitioner.

Imtiazur Rahman Farooqui (Md) (MI Farooqui) vs Bureau of
Anti-Corruption and others 51 DLR 421

Section 6(e)—

If a statute deals merely with the procedure in an action,
and does not affect the rights of the parties, it will be held to apply, prima
facie, to all actions pending as well as future.

Abdul Wadud vs State 48 DLR (AD) 6.

Section 9—

Communication of grounds of detention within 15 days— There
is no specific provision in the Special Powers Act for calculation of the
period—In view of section 9 of the General Clauses Act the date of detention is
to be excluded while computing the period of 15 days.

Samirannesa vs Government of Bangladesh and others 46 DLR 276.

Section 26—

The statutory provi­sions recognize the Rule against double
jeopardy and the principle of res judicata should apply to criminal proceedings
in the same way as to civil proceedings
but there being no conviction in the cases under
reference, the principle of double jeopardy does not apply.

Parveen and another vs State 51 DLR 473

 

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