General
Clauses Act, 1897
Section—3
If
an association or body is unincorporated then also it is an association or body
of individuals entitled to own copyright and in such a case individuals
constituting the body will own the copyright as tenants-in-common.
Mrs. Suraiya
Rahman Vs Skill Development for Under-Privileged Women, represented by its
Project Director and others, 17 BLD (HCD) 284.
Ref:
(1946) 39 BWCC 62; (1928) Sess. Cas 121 (at P 133); (1968) 2 QBD 497 (at P. 515);
(1969) 2 QBD 173; (1953): QBD 248 (1946) 331 US704—Cited.
Section—6
This
section provides that the right that accrued to a person under an enactment,
subsists even after expiry of the Act. But it ap. plies only when an enactment
is repealed by another enactment. The Emergency Requisition of Property Act has
not been repealed by any enactment but it expired by lapse of time. The
petitioner is not entitled to invoke the benefit of section 8B of the Act.
Shah Ekramur
Rahman Vs. Secretary, Ministry of Land, Dhaka and others, 14 BLD (HCD) 538.
Section—6
Bangladesh
Steel and Engineering Corporation Employees Service Regulation, 1989, Regulation—42(8)
Clause
(8) of regulation 42 is a matter of simple procedure. The forum and also time for
institution of proceeding or concluding the same are only questions of
procedural law for they relate merely to the modes in which the Court or the
tribunal fulfils their function. It does not invest an incumbent with any
vested right. Any procedural law is retrospective in its operation. Therefore,
a subsequent omission by way of amendment of a procedure cannot be of any
consequence in respect of the proceeding against the appellant.
Section
6 of the Act contemplates repeal of an Act and not of a Regulation under the
rule making power.
Chowdhury
Nasimul Baqui Vs Bangladesh Steel and Engineering Corporation & others, 20
BLD (AD) 181.
Section—6
Ordinance
L of 1975 is declared void under Articles 7(2) and 26(2) of the Constitution
and as such it will not create any benefit or vested right in favour of the
persons for whom it was made. The benefit of section 6 of the General Clauses
Act is not applicable to those persons who claim any benefit or legal right out
of the said Indemnity Ordinance. 1975 (L of 1975).
Shahriar
Rashid Khan Vs Bangladesh, represented by the Secretary, Ministry of Law and
Parliamentary Affairs and others, 17 BLD (HCD) 114.
Ref:
33 DLR(AD)154; 45 DLR(AD)I; 34 DLR (AD)222 and 125; 1989 BLD (special) 1: 45
DLR(AD)165; 11 DLR (SC) 1; A.I.R. 1969 (Moni) 84; A.I.R. 1952 (Born) 16; A.I.R.
1966 (Kera) 212; A.I.R. 1956 (All) 684; AIR. 1970 (Mysore) 171; A.I.R. 1940. (Pat)
385 (F.B.); 1965(2) A.I.R. 817; PLD 1972 (SC) 139; 41 DLR 484; 44 C.W.N. (PC) 709;
(1969) (1) A.E.R. 208; 35 DLR(AD)1; U.S Supreme Court Reports, (1803), 2 Law Edition
135, PLD 1988 (SC) 416; Philosophy of Law-M.D.
Section—6(c)
When
a law creates a vested right in favour of a person, it cannot be taken away by
giving a retrospective effect to the law brought by a subsequent enactment
unless and until a clear intention of the legislature is expressed in the new
law itself directly or by necessary implication. Only in the case of a
procedural law, a retrospective effect can be given. An aggrieved person is
entitled to sue in the Court that existed at the time when the cause of action
arose.
Khondaker
Badiuzzaman Vs. General Manager, Bangladesh Krishi Bank and others, 14 BLD (HCD)
151.
Ref:
29 DLR(DB) 301; 3ODLR(FB) 49; 1905 A.C. 369; AIR. 194 1(FC) 16-Cited.
Section—3(28)
“Local
Authority’
Local Government
(Union Parishads) Ordinance, 1983, Section—7(2)(e)
Intermediate
and Secondary Education Ordinance, 1961, Section—30(1)(b)
Conditions
of service of an employee of a recognised Intermediate College or Secondary
School
As
per General clauses Act “Local Authority” means and includes a Pourashava,
Zilla Board, Union Panchayat, Board of Trustees of a Port or other authority
legally entitled to, or entrusted by the Government, with the control or
management of a municipal or local fund, or any corporation or other body or
authority constituted or established by the Government under any law.
Section
7(2)(e) of the Local Government (Union Parishads) Ordinance, 1983 provides that
a person shall be disqualified for election or nomination as, or for being, a
Chairman or a Member, if he holds any full-time office of profit in the service
of the Republic or of the Union Parishad or any other local authority.
Section
30(1 )(b) of the Intermediate and Secondary Education Ordinance, 1961 provides
that a person shall be disqualified for election or nomination as, or for
being, a Chairman or a Member if he holds any full time office of profit in the
service of the Republic or of the Union Parishad or any other local authority.
Mofizul Huq
V. Mofizur Rahman and others, 16 BLD (AD) 139.
Ref:
Abdul Mazid V Abu Zaffor Mohammad Khalil and ors. 14 BLD 488—Cited and
over-ruled.