Bangladesh Legal Proceedings Order, 1972


Bangladesh Legal Proceedings Order (P0 90 of
1972)


Article 2

Provision of
Article 2 of P0 90 of 1972 explained and held that suit u/s. 24(4) of the State
Acquisition Act does not fall within the ambit of the provision of Article 2 of
the Order.

From the
provisions of Art. 2 of the President’s Order No. 90 of 1972 it does not appear
that they contain any prohibition against the enforcement of any right as can
be claimed under the provisions of Article 2 of P0 90 of 1972. Under the
provisions of Article 2 of the Order all legal proceedings whether in the form
of suits, appeals or applications which challenged the legality or validity of
the State Acquisition and Tenancy Act, 1950 including any amendments thereto or
the acquisition of any property made under any provision thereto were to abate.
Further, if any order of injunction or interlocutory order has been made in
such legal proceeding they were not to have any effect. No fresh legal
proceeding challenging the legality or validity of any such law or acquisition
can also be started.

M/s. Farmers
& Co. Vs. Govt. of Bangladesh (1978) 30 DLR (SC) 123.

—Suit for a
declaration that the order f the Deputy Commissioner refusing to grant the
certificate under section 204) of the Act was illegal, is not hit by Article 2
of the Presidents Order No. 90 of 1972. Ibid.

—Right to a
grant of certificate enabling the appellant to retain land on conditions
specified in the State Acquisition and Tenancy Act cannot be considered as
enforcement of any right against acquisition by the Government. Ibid.

 

Bangladesh (Legal Proceedings) Order, 1972

Bangladesh (Legal Proceedings) Order, 1972

[President’s Order No.12 of 1972]

Article
—4

The provision of Article 4 of P.0.12 of 1972
would be applicable to the claims and legal rights’ as well as to a legal
proceeding that had become barred by limitation as because legal proceeding
could not be instituted because of the situation as spelt out in the preamble
of P.0.12 of 1972, To avail of the provision of law as in Article 4 of P.0.12
of 1972 as regard claim and legal right as well as legal proceeding the same
shall have to be time-barred one because of the situation as in the preamble of
P.0.l2of 1972 and then said claim and legal right as well as legal proceeding
would be given life by excluding the period “between the 1st day of March,1971
and the 1st day of March, 1972 (both days inclusive)”.

Mst. Guljan Bibi & Ors Vs. Md. Fazlu Miah & Ors 15 BLT (AD) 371.