East
Pakistan Disturbed Persons (Rehabilitation) Ordinance [I of 1964]
No total
prohibition for filing suit under Ordinance No.1 of 1964 – High Court Division
erred in misapplying the law to the facts of the case– No date having been
fixed for the performance of the Contract, the second part of column 3 of
Article 113 of the Limitation Act will apply to the case ie time will begin
when plaintiff has notice that performance was refused.
Bangladesh,
represented by the Deputy Commissioner, Pabna vs Md Abdus Sobhan Talukder42 DLR
(AD) 63.
East
Pakistan Engineering and Technology University Ordinance, 1961
Section 16–
The
appointment in a teaching post of the University although can only be made by
the syndicate but the syndicate being a creation of Ordinance, cannot act
arbitrarily or capriciously but must act judicially and fairly.
Dr Md
Alamgir vs Vice Chancellor, BUET and others 53 DLR 398.
East
Pakistan Government and Local Authority Land and Buildings (Recovery of
Possession) Ordinance [XXIV of 1970]
Sections 2(b) & 5–
The Deputy
Commissioner or Additional Deputy Commissioner or Joint Deputy Commissioner or
such other persons as may be appointed by the Government to perform any of the
functions of a Deputy Commissioner under the Ordinance is competent to pass on
orders of eviction of an unauthorised occupier of Government khas land. In view
of the above the respondent No. 2 was not competent to initiate the proceeding
for eviction of the petitioner.
Abarak Ali
vs Shefaul Karim, Assistant Commissioner, (Land) Jagannathpur, District
Sunamganj 51 DLR 183.
Section 5–
As the
legislature intended the notice period to be mandatory, subsequent addition of
the proviso was made to reduce the notice period from 30 days to 7 days and
thus the time limit of 7 days’ notice was amended.
Aleya Begum
and others vs Bangladesh and others 53 DLR 63.
Section 5–
Justice
demands that even trespassers cannot be evicted forcibly without notice and
without giving chance to them to remove themselves willingly.
Aleya Begum
and others vs Bangladesh and others 53 DLR 63.
Section 5–
Justice
demands that slum dwellers should not be unkindly evicted without alternative
arrangement for their rehabilitation. But in the instant case nothing can be
done at this stage when they were already evicted.
Aleya Begum
and others vs Bangladesh and others 53 DLR 63.
Section 5–
The
provisions of section 5 of Act 24 of 1970 as amended vide President’s Order 85
of 1972 with regard to service of 7 days’ notice before eviction are mandatory
and not directory.
Aleya Begum
and others vs Bangladesh and others 53 DLR 63.
Section 5–
Eviction
process initiated without providing required 7 days’ notice illegal and without
jurisdiction.
Modhumala vs
Director, Housing and Building Research Institute & ors ( Spl. Original) 53
DLR 540.
Sections 5-9 –
When the
Government has not acquired the entire land and it is found that the land has
not been demarcated to show the actual acquisition of land in the LA Case, the
impugned order cannot be sustained in law.
Duran Begum
vs Railway Lands and Buildings and others 54 DLR 448.
East
Pakistan Intermediate and Secondary Education Ordinance, 1961
Section 45–
Maintainability
of suit–In view of the clear provisions of section 45 of the East Pakistan
Intermediate and Secondary Education Ordinance, 1961, I think the Senior
Assistant Judge ought to have allowed the application of the defendants under
Order VII, rule 11 ( c) of the Code of Civil Procedure and ought to have
rejected the plaint as no Civil suit lies in the above premises.
Managing
Committee, Labannaya Prova Bahumukhi High School vs Amullya Kumar Sarker 48 DLR
303.
East
Pakistan Water Supply & Sewerage Authority Ordinance [XIX of 1963]
Sections 11, 13, 14, 26 & 27–
For
determination of seniority or inter–se seniority length of service would be
counted from the date of appointment in a particular post and not according to
the date of one’s confirmation in the post. AKM Fazlullah vs.
Chittagong
Water Supply and Sewerage Authority WASA Bhaban and others 49 DLR 445.