BANGLADESH LEGAL PROCEEDINGS (THIRD) ORDER, 1972

 

BANGLADESH LEGAL PROCEEDINGS (THIRD) ORDER (P.O.
90 OF 1972)


Article—2

Pending
suit, appeal and proceedings—Abatement of—suit was disposed of on
28.7.72—P.O.90 of 1972 came into force on 3.8.72—Appeal was filed on 25.2.74 at
the instance of the defendant Government—Neither the suit nor the appeal was
pending on the date of commencement of P.O. 90 of 1972—No abatement of the
suit.

Azimuddin
Vs. Government of Bangladesh; 4 BLD (HCD) 199.

 

Article—2

Abatement
of suit challenging the taking over of fishery of the debuttar by the
Government—Whether injunction can be granted restraining the Government?—The
plaintiffs wanted to question the acquisition of the fishery indirectly under
the garb of challenging the lease to the defendants on the plea that
compensation assessment roll has not been prepared—P.O. 90 of 1972 prohibits
such oblique challenge and a such suit shall abate— When the principal has gone
into possession by operation of law, the agency is terminated and the agent
cannot seek any injunction because there is hardly anything that needs
protection.

Samir Kuinar
Roy Chowdhury and others Vs. Alauddin Sheikh and others; 6 BLD (AD) 186.

Ref.
33 DLR (AD) 13.

 

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