Bangladesh (Taking Over of Control and Management of Industrial and Commercial Concerns) Order, 1972

 

 

The former Order applies when the "owners and top management" have left Bangladesh and are not available. In the second situation under Acting President's Order I of 1972 the availability is not simpliciter, it must be an availability "to control and manage" the concern. If a concern is taken over under the Acting President's Order dated 26-12- 71, all that the owners and top management have to prove to the satisfaction of the authorities is that on the date of Notification they did not leave Bangladesh and are available. But when a concern is taken over for management under Acting President's Order No. 1 of 1972 under the second situation, the owners, directors, etc. have to show that they were available on the date of Notification "to control and manage" their concern. The scope of application of Acting President's Order No. lM-35/71-13 dated 26-12- 71 and the second situation of APO No. I of 1972 are not co-extensive and interchangeable, The plea of mistake in invoking one provision for the other cannot be accepted.

Bangladesh vs Dhaka Steel Works Ltd & others 45 DLR (AD) 69.

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