General Clauses Act, 1897

Section-5(3)

Commencement of an Act arid its coming into force are not the same thing. For commencement of an Act there can only be one date. An Act may come into effect as a whole or in part on the day of its commencement, or it may be given, as a whole or in part, a retrospective effect from a date earlier than the date of commencement. Even there the Act is given retrospective operation the significance of the date of commencement of that law will be relevant for several reasons. From the date if its commencement an act will find a place on the statute book of the country. [Para- 13]

Bangladesh Vs. Prof Golam Azam & Ors. 3 BLT (AD)-3

Section-6

This section provide that the right that accrued to a person under an enactment subsists even after expiry of the Act but it applies only when an enactment is repealed by another enactment. And when an enactment expired by lapse of time, it is deemed never to exist except transaction past and closed. The Emergency Requisition as Property Act has not been repealed by lapse of time and so the petitioner is not entitled to invoke the benefit of section 8B of the Act. [Para- 12]

Ekramur Rahman Vs. Ministry of Land 3 BLT (HCD)-35

Section-6

If any proceeding was started on any action was taken in a repealed law, even after repeal of the law the proceeding will continue under the repealed law as if law is not repealed. [Para- 19]

Md. Amajd Hossain & Ors Vs. Upazilla Nirbahi Officer Saver & Ors 3 BLT (HCD)-163

Section-27

Whether the Government can correct a wrong by making a Gazette Notification subsequently

Held : On careful reading of Section 21 of the General Clauses Act we find that the Government is not debarred to do so but can exercise the power in the like manner and subject to the like sanction arid condition (if any), to add, to amend, vary or rescind any notifications, orders, rules or by-laws. Thus we hold that the Government has the power to make such amendment but subject to certain restriction as referred above. [Para- 15]

Mst. Nurjahan Begum Vs. Bangladesh & Ors. 6 BLT (HCD)- 153

Section-27

Service of notice under section 106 of the T.P. Act—the notice sent by post at the address of the suit premises having been returned unserved with the remark of the postal authority ‘left was presumed to be good service—laying in case of M/s. Haque Brothers Ltd. Vs. Mrs Gulfam Begum, C.P. No. 314 of 1993. [Para -121

Md. Nurul Islam Vs. Md. Ali Hossain Miah & Ors. 5 BLT (AD)-297.

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