GENERAL CLAUSES ACT, 1897 (X OF 1897)
Sections—3(21b)
Debt due to Government—Debt
due to the Government that functioned within the territories now comprised in
Bangladesh is a debt due to Bangladesh.
Commissioner of Taxes and others Vs. M/s. Mallick Brother, IBLD’AD 285
Section—3(1 0)
Narcotics and liquor shop—Deputy
Commissioner’s authority to pass orders closing down such shop—It is
apparent that maintenance of public peace being a prime concern the local
administration has been vested with this power—But in view of the provisions of
law a District Magistrate cannot close down a shop for an indefinite period—
The foundation for his order must be preservation of the public peace—The
Deputy Controller of Narcotics and liquor made a stop— gap arrangement with the
verbal consent of the Deputy Commissioner to allow the vendor to carry on his business by opening a
back- door—Earlier the Controller requested the Deputy Commissioner to extend
his help for shifting of the shop—In the midst of such a situation the effect
of the order as passed was for all practical purposes a closure of the shop for
an indefinite period which is not permitted by law—Bengal Excise Act,1909 V of
1909). Ss.2(5) and 26—Finance Ordinance, 1983, S.3.
Gopal Chandra
Shaha Vs. Deputy Commissioner, Sunamganj and another, BLD (AD) 96
Section—3(25)
Machineries of a mill
attached to the ground whether immoveable property— Character of
machineries to attain the character of permanent attachment so as to become
immoveable property must partake the character of the attachment of trees and
strubs rooted to the earth—The test is whether such attachment is for permanent
beneficial enjoyment of the immoveable property—Mill machineries cannot be said
to be permanent fixtures to assume the character of an immovable property.
Bangladesh Vs. Anil Ranjan Chowdhur and others, 5BLD (HCD)105
Ref: AIR. 1960 (Cal) 331; A.I.R. 1963 (Nag)224; A,I.R. 1
969(Mad)346—Cited.
Section —3(38)
Municipality meaning of—Whether
after the acquisition of rent receiving interest a lessee under the
Municipality has become a tenant under the Government—Whether he can be evicted
from the land by the Municipality— Whether Municipality is a local authority—
Whether the land belonging to the Municipality is exempt from acquisition—
Local authority is understood to mean an authority entrusted with the
administration of a local fund—The Municipality is a local authority — The
property had vested in the Municipality which is not a rent receiver and
therefore exempt from acquisition of the property—The defendant did not acquire
tenailcy right under the Government—Defendant also did not acquire any tenancy
right under Lhe Non-Agricultural Tenancy Act since land belonging Municipality
is exempt from its provisions.
Narendra Basri Roy and another Vs. Municipal Committee. Mymensingh,
6BLD (AD) 297
Ref: 17 DLR(SC)74—Cited.
Section—3(39)
‘Person’—Meaning of the word in the
context of Court’s writ jurisdiction—’Person’ includes a juristic person—The
word person’ occurring in Article 102 includes a Company as well—A Private
Limited Company can maintain, writ petition—A Public Limited Company
functioning under the control and \upervision of and as a subordinate
functionary of a Statutory Corporation under Article 102(5) is a ‘person’
within the meaning of Article 102 of the Constitution.—Constitution of
Bangladesh. 1972: Article—I 02 and 152(2).
Conforce Limited Vs. Titas Gas Transmission and Distribution Co. Ltd.
and others, 9 BLD(HCD)429
Section—6
Jurisdiction of Court—Jurisdiction to give relief under an
omitted provision of law— Exercise of jurisdiction under the ommitted sections
‘is permissible if the proceeding tarted at any date earlier than such
omission.
Sachindra Chandra Sutradhar Vs. Md. Mofizuddin, 4BLD(’AD)67
Ref: PLD l965(SC) 453—Cited.
Section—6(a)
Repeal and re-enactment
of law—Effect repeal in relation to subject—matter of writ Lition found not
maintainable—On the date ‘f repeal of the impugned notification there as no
legal proceeding pending before the
High Court Division regarding the disputed property in that
the writ petition itself was not maintainable—Upon repeal and re-enactment of
the notification there will be no revival of anything not in force or existing
at the time at which the repeal takes effect—Viewed from this angle the present
writ petition was not pending at all and therefore the protection of the
proviso against inclusion of any building in the list as abandoned property is
not available to the petitioner—Abandoned Buildings (Supplemen-tary Provisions)
Ordinance, 1985 (LIV of 1985), S. 5 (l)(a).
Begunz Lutfunnessa Vs. Govt. of Bangladesh represented by The
Secretary, Ministry of Works, 9BLD (HCD) 423
Section—6
Dismissal from service
under MLO 9— Question of employee’s right to get his application for review
disposed of after withdrawal of Martial Law—Opinion and recommendation by the
CMLA’ s Secretariat that the order of dismissal under MLO—9 should be reviewed
and rescinded allowing the employer’, prayer for re-instatement in service as
AddI. Chief Engineer could not be implemented as in the meantime Martial Law was
withdrawn and the forum for review under the MLO was abolished—As there is no
forum for the disposal of the review application, the President is empowered to
create a forum for the purpose of disposal of the same by exercising his power
in terms of the Proclamation for withdrawal of Martial Law—The respondent
Principal Secretary be directed to place the papers in connection with the
review application to the President for its disposal by creating an.
appropriate forum.
Mabtabuddin Ahined Vs. Principal Secretary, President’s Secretariat,
Dlzaka, 9BLD (HCD) 538
Section—8( 1)
Interpretation of
Statute—Repeal and reenactment—Whether .by amendment and substitution of
Schedule I of the Court Fees Act in 1981 there is repeal and re-enactment—
Whether section 8(1) of the General Clauses Act will apply—By Finance Act, 1981
Schedule I of Court Fees Act has been amended and substituted in place of the
old schedule—legality it amounts to the same thing as saying that the old
schedule has been repealed and re-enacted with modification— Section 35A of the
Court Fees Act is included and contemplated within the meaning of “any other
enactment”—In the instant case Finance Act, 1981 or any other law does not
speak of any different intention that reference to Schedule I in section 35A
shall not be constructed as reference to the re-enacted Schedule I of 1981.
Sonali Bank, Local Officer, Dhaka Vs. Gazi Abdur Rashid & others,
7BLD (AD) 269
Ref: A.1.R. I 944Bombay259: (1941 )2K.B. 89: 14 DLR 47: PLD
1963 Dhaka 238; AIR. 1955 A11353—Cited.
Sections— 9 and 30
Computation of time—Section
9 read with section 30 of the Act provides that it shall be sufficient, for the
purpose of excluding the first in a service of days or any other priod of time,
to use the word ‘from’ which means that if the word ‘from’ is used in a
statute, the first day is to be excluded and, therefore, the application for
restoration of the land was clearly within time.
Mofizuddin Vs. Most.
Mornena Khatun and ors, 12BLD (HCD)594
Section—16
Purposes of enactment—One
of the purposes for the enactment of the General Clauses Act. 1897 is to avoid
superfluity of language in the statutes whenever it is possible to do so.
Section 16 of the Act codified the well understood general law that power to
terminate flows naturally and as necessary sequence from the power to crea In
other words, it is a necessary adjunct of L power of appointment and is
exercised as a incident to, or consequence of, that power tim authority to call
such officer into being ua necessarily implies the authority to termin his
functions when their exercise is no lon necessary, or to remove the incumbent
for a abuse of these functions or for other cause shown.”
Bangladesh Freedom Fighters Welfer Trust an.d another Vs. Md. Morn
fazul Hoc— sum. I2BLD(AD)199
Ref: A.I.R. I 950(FC)140; A.l.R. I 966(S 334(366): A.I.R. I
977(SC) 2257(226 I )—Citec
Section—19
Authentication of
Publication—When authentication by the Additional District Magistrate valid
in law—Having the definition of the District Magistrate provided by law having
general application Additional District Magistrate may perform the functions of
the District Magistrate— Printing Presses and Publications (Declarati and
Registration) Act, 1973, Ss. 12. 23 and 24.
Waliul Ban Chowdhury Vs. District Magisrate, Kushtia & others,
.6BLD(AD)284
Ref: A.I.R. 1948 (All) 129; (19.56)3 AER 939—Cited.
Section—21
Loans Poenitentiae—Power
of the Government to rescind or cancel its own order— Whether an order of de
requisition can be cancelled subsequently—Locus poenitentiae in law refers to
the power of receding till a decisive step is taken—This power can be exercised
till a decisive step is ,taken—Save ai except issuance of an order nothing was
dote and no enquiry was held and then the Government recalled the order—It
cannot be said that any right had accrued to the appellant which should not be
recalled.
Ainirul Islam Vs. The Secretary, Ministry of Land Administration and
Land Reforms, Govt. of Bangladesh and others, 8BLD(AD)25
Ref: PLD 1956 (FC) 46; PLD 1964 (SC) 503:27 DLR3I5; 21
DLR(SC)236: PLD 1969 SC) 407; 8 DLR(FC) 20—Cited.
Section—21
Power to cancel
notification—Such power must be considered in relation to the relevant
provisions of the statute and the nature and extent of the power is essentially
dependent upon the nature of the statute—Reading the Ordinance and the Rules
together it is held that the power of cancellation of the gazette notification
is not available to the Election Commission.
Hazrat Ali Vs. Election
Commission and others, 10BLD (HCD)157
Section—27
Notice sent by
registered post—Notice sent by registered post and returned with
endorsement refused’. Notice presumed to be served. Examination of peon to
prove the endorsement is not necessary. Mere denial of the tenant that he did not
receive the notice or that the notice was not tendered to him not is sufficient
to rebut the presumption.
Dr. Jamshed Bakht Vs; Md. Kainaluddin, 1BLD (HCD) 97
Ref: AIR. 1915 (Cal)313; 39CWN934; v51 CWN65O; 52CWN659;
6DLR267; A.I.R. 9 I 8(PC)l 02: AIR I 958(Cal)25 1: 22DLR664; I DLR(WP)26—Cited.
Section—27
Service of notice by
registered post — Service shall be deemed to have been effected 411cr lapse
of a reasonable time. There is no controversy neither regarding the proper
address nor regarding the hosting by registered post. The provision o section
27 did not leave any scope for drawing any adverse presumption regarding
service of notice. In case of a letter sent by registered post, according to
these provisions, as soon as the posting by registered post of a properly ad-
dressed letter containing any notice or document to be served, by post is
proved such service of notice shall be deemed to have been effected after the
lapse of a reasonable time.
Haji Khabiruddin Ahmed Vs. Muhammad Salam Kabir, 3BLD (AD)53.
