Abandoned Properties (Supplementary Provisions) Regulation, 1977

 

Abandoned
Properties (Supplementary Provisions) Regulation, 1977

(Martial Law
Regulation No. Vii Of 1977)

 

Paragraph—6(2)

It
is clear from a reading of sub-paragraph (2) th it intended to confer a benefit
upon those owners of abandoned properties who in pursuance of a judgment of a
Court of law have actually and effectively received back the possession of the
property either by delivery of possession or by other appropriate means in
.pursuance of such judgment. The essence of the matter is that the owner must
receive back possession of the property actually and effectively from those who
took it over as abandoned properties. The actual and effective restoration or
transfer may take place either by physical delivery of possession or by other
appropriate means. The words “other appropriate means” in the context in which
they have been used cannot but mean an effective restoration or transfer to the
owners by means other than delivery of possession, i,e., a handing over of
possession by another appropriate means which is akin or similar to delivery of
possession.

Bangladesh
Italian Marble Works Ltd. and anr. Vs Government of Bangladesh and anr. 20 BLD
(AD) 154

Ref:
Nasiruddin vs. Govt. of Bangladesh, 32 DLR (AD) 216; Ehteshamuddin vs.
Bangladesh, 33DLR (AD) 1 54—cited.

 

(Martial Law
Regulation No. Vii Of 1977)

 

Paragraph—6(2)

It
is clear from a reading of sub-paragraph (2) th it intended to confer a benefit
upon those owners of abandoned properties who in pursuance of a judgment of a
Court of law have actually and effectively received back the possession of the
property either by delivery of possession or by other appropriate means in
.pursuance of such judgment. The essence of the matter is that the owner must
receive back possession of the property actually and effectively from those who
took it over as abandoned properties. The actual and effective restoration or
transfer may take place either by physical delivery of possession or by other
appropriate means. The words “other appropriate means” in the context in which
they have been used cannot but mean an effective restoration or transfer to the
owners by means other than delivery of possession, i,e., a handing over of
possession by another appropriate means which is akin or similar to delivery of
possession.

Bangladesh
Italian Marble Works Ltd. and anr. Vs Government of Bangladesh and anr. 20 BLD
(AD) 154

Ref:
Nasiruddin vs. Govt. of Bangladesh, 32 DLR (AD) 216; Ehteshamuddin vs.
Bangladesh, 33DLR (AD) 1 54—cited.