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accrued to a person under an enactment subsists even after expiry of the Act but it applies only when an enactment is repealed by another enactment.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 The Emergency Requisition as Property Act has not been repealed by lapse of time and so the petitioner is not entitled to invoke the benefit of section 8B of the Act.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If any proceeding was started on any action was taken in a repealed law, even after repeal of the law the proceeding will continue under the repealed law as if law is not repealed.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.

General Clauses Act, 1897


General Clauses Act [X of 1897]


Section 3(16)—

The information asked for by the impugned order from the
petitioner is not something which is capable of being searched. Therefore the
information asked for does not conform to section 94 of the Code. The impugned
order purported under section 94 of the Code and Articles 31/50 of the
Anti-Corruption Manual is unauthorized and illegal as they do not confer any
power to direct a person to give information.

The information asked for the purpose of inquiry was of a
roving nature and was merely fishing for information. If we are to believe that
the inquiry was in response to the information received by the anonymous letter
then the wholesale information of all cases handled by the petitioner from
1-3-93 to 20-3-94 cannot be said to be connected with the alleged remittance of
the sale proceeds of the house at Motijheel and Gulshan. The asking for such
wholesale information of the cases handled by him for that period appears to us
to be malafide, fishing for information only to harass the petitioner.

Imtiazur Rahman Farooqui (Md) (MI Farooqui) vs Bureau of
Anti-Corruption and others 51 DLR 421

Section 6(e)—

If a statute deals merely with the procedure in an action,
and does not affect the rights of the parties, it will be held to apply, prima
facie, to all actions pending as well as future.

Abdul Wadud vs State 48 DLR (AD) 6.

Section 9—

Communication of grounds of detention within 15 days— There
is no specific provision in the Special Powers Act for calculation of the
period—In view of section 9 of the General Clauses Act the date of detention is
to be excluded while computing the period of 15 days.

Samirannesa vs Government of Bangladesh and others 46 DLR 276.

Section 26—

The statutory provi­sions recognize the Rule against double
jeopardy and the principle of res judicata should apply to criminal proceedings
in the same way as to civil proceedings
but there being no conviction in the cases under
reference, the principle of double jeopardy does not apply.

Parveen and another vs State 51 DLR 473

 

General Clauses Act, 1897

 

General
Clauses Act, 1897

 

Section—3

If
an association or body is unincorporated then also it is an association or body
of individuals entitled to own copyright and in such a case individuals
constituting the body will own the copyright as tenants-in-common.

Mrs. Suraiya
Rahman Vs Skill Development for Under-Privileged Women, represented by its
Project Director and others, 17 BLD (HCD) 284.

Ref:
(1946) 39 BWCC 62; (1928) Sess. Cas 121 (at P 133); (1968) 2 QBD 497 (at P. 515);
(1969) 2 QBD 173; (1953): QBD 248 (1946) 331 US704—Cited.

 

Section—6

This
section provides that the right that accrued to a person under an enactment,
subsists even after expiry of the Act. But it ap. plies only when an enactment
is repealed by another enactment. The Emergency Requisition of Property Act has
not been repealed by any enactment but it expired by lapse of time. The
petitioner is not entitled to invoke the benefit of section 8B of the Act.

Shah Ekramur
Rahman Vs. Secretary, Ministry of Land, Dhaka and others, 14 BLD (HCD) 538.

 

Section—6

Bangladesh
Steel and Engineering Corporation Employees Service Regulation, 1989, Regulation—42(8)

Clause
(8) of regulation 42 is a matter of simple procedure. The forum and also time for
institution of proceeding or concluding the same are only questions of
procedural law for they relate merely to the modes in which the Court or the
tribunal fulfils their function. It does not invest an incumbent with any
vested right. Any procedural law is retrospective in its operation. Therefore,
a subsequent omission by way of amendment of a procedure cannot be of any
consequence in respect of the proceeding against the appellant.

Section
6 of the Act contemplates repeal of an Act and not of a Regulation under the
rule making power.

Chowdhury
Nasimul Baqui Vs Bangladesh Steel and Engineering Corporation & others, 20
BLD (AD) 181.

 

Section—6

Ordinance
L of 1975 is declared void under Articles 7(2) and 26(2) of the Constitution
and as such it will not create any benefit or vested right in favour of the
persons for whom it was made. The benefit of section 6 of the General Clauses
Act is not applicable to those persons who claim any benefit or legal right out
of the said Indemnity Ordinance. 1975 (L of 1975).

Shahriar
Rashid Khan Vs Bangladesh, represented by the Secretary, Ministry of Law and
Parliamentary Affairs and others, 17 BLD (HCD) 114.

Ref:
33 DLR(AD)154; 45 DLR(AD)I; 34 DLR (AD)222 and 125; 1989 BLD (special) 1: 45
DLR(AD)165; 11 DLR (SC) 1; A.I.R. 1969 (Moni) 84; A.I.R. 1952 (Born) 16; A.I.R.
1966 (Kera) 212; A.I.R. 1956 (All) 684; AIR. 1970 (Mysore) 171; A.I.R. 1940. (Pat)
385 (F.B.); 1965(2) A.I.R. 817; PLD 1972 (SC) 139; 41 DLR 484; 44 C.W.N. (PC) 709;
(1969) (1) A.E.R. 208; 35 DLR(AD)1; U.S Supreme Court Reports, (1803), 2 Law Edition
135, PLD 1988 (SC) 416; Philosophy of Law-M.D.

 

Section—6(c)

When
a law creates a vested right in favour of a person, it cannot be taken away by
giving a retrospective effect to the law brought by a subsequent enactment
unless and until a clear intention of the legislature is expressed in the new
law itself directly or by necessary implication. Only in the case of a
procedural law, a retrospective effect can be given. An aggrieved person is
entitled to sue in the Court that existed at the time when the cause of action
arose.

Khondaker
Badiuzzaman Vs. General Manager, Bangladesh Krishi Bank and others, 14 BLD (HCD)
151.

Ref:
29 DLR(DB) 301; 3ODLR(FB) 49; 1905 A.C. 369; AIR. 194 1(FC) 16-Cited.

 

Section—3(28)

“Local
Authority’

Local Government
(Union Parishads) Ordinance, 1983, Section—7(2)(e)

Intermediate
and Secondary Education Ordinance, 1961, Section—30(1)(b)

Conditions
of service of an employee of a recognised Intermediate College or Secondary
School

As
per General clauses Act “Local Authority” means and includes a Pourashava,
Zilla Board, Union Panchayat, Board of Trustees of a Port or other authority
legally entitled to, or entrusted by the Government, with the control or
management of a municipal or local fund, or any corporation or other body or
authority constituted or established by the Government under any law.

Section
7(2)(e) of the Local Government (Union Parishads) Ordinance, 1983 provides that
a person shall be disqualified for election or nomination as, or for being, a
Chairman or a Member, if he holds any full-time office of profit in the service
of the Republic or of the Union Parishad or any other local authority.

Section
30(1 )(b) of the Intermediate and Secondary Education Ordinance, 1961 provides
that a person shall be disqualified for election or nomination as, or for
being, a Chairman or a Member if he holds any full time office of profit in the
service of the Republic or of the Union Parishad or any other local authority.

Mofizul Huq
V. Mofizur Rahman and others, 16 BLD (AD) 139.

Ref:
Abdul Mazid V Abu Zaffor Mohammad Khalil and ors. 14 BLD 488—Cited and
over-ruled.

 

GENERAL CLAUSES ACT, 1897

 

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.

 

General Clauses Act, 1897

General Clauses Act, 1897

Section-5(3)

Commencement
of an Act and 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.

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

Section-6

This
section provides 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.

S. Ekramur Rahman
Vs, Ministry of Land 3BLT (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.

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

Section – 6

It is a
cardinal principle of construction that every statute is prima facie
prospective and not retrospective.

Secretary, Ministry
of Education & Ors. Vs. North Point University. 14 BLT (AD)109

Section-21

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 and 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.

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

Section 21

In the
instant Cast the Respondent is not The learned Counsel for the Respondent upon
referring to the provision of Section 21 of the General Clauses Act, 1897 tried
to develop an argument that it was much within the competency of the Respondent
to recall or rescind the resignation and that having had done so prior to the
acceptance and communication of the acceptance of the resignation, the action
of the Biman authority was incompetent one. The Respondent is not authorized by
law to avail of the provision of Section 21 of the General Clauses Act in
withdrawing of canceling the letter or resignation, which was of immediate
effect.

Bangladesh Biman
Corporation & Ors. Vs. Md. Jusimuddin 11BLT (AD)-30

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.

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

General Observation

Because
of anomaly between sub section, 1 and sub section 2 of Section 155 of the
Companies Act, 1994 the real spirit behind the said provision is being
frustrated. Instead of bringing improvements, the amendment of Section 105C of
the Companies Act, 1913 to its present position, has rather created confusion.

M. Islam Vs.
Al-Rajhi Hospital (Pvt.) Limited & Ors. 11 BLT (HCD)-474

General observation

We are
of the opinion that if a judge of this Division is elevated to the Appellate
Division it should not be on the basis of seniority alone rather it should be
on the basis of seniority cum merit. The hard reality is that the quality of
the judges of Division, though are of a satisfactory level, all are not equal.
Some are more brilliant may be left behind and the less competent may be
elevated to the Appellate Division simply because he was appointed a judge of
this Division at an earlier point of time than the others. This will have the
following effect on the highest judiciary; firstly the most brilliant judges
may be left behind though they could make better contribution to the judiciary.
Secondly, if seniority-cum-merit becomes the criterion then right after the
appointment of a judge in this Division he will do his best to improve the
quality of his judgment and his overall performance as a judge and there will
be a sense of competitiveness among the judges in performing their judicial
duties. This will immensely benefit the nation as a whole and the judiciary in particular
and the most meritorious will move ahead the less meritorious. The judges of
his Division will then leave no stone unturned to devote themselves whole
heartedly to the job day in and day out during the tenure of their office.

S. N. Goswami &
Ors. Vs. Govt. of Bangladesh & Ors. 11 BLT(HCD)-213

General Observation

No
litigant has a right to lay fraudulent, shady, ill motivated and untenable
proceeding in a Court of law when those cases are throttling the functioning of
Justice dispensation system which itself is groaning under unbearable arrears
and backlogs. For blameworthy conduct of these types of unprincipled and
dishonest litigants compensatory cost is to be awarded upon them.

Purobi Rani Barmani
Vs. Shohrab Hossain & Ors 11(HCD)-496

General Observation [Trade Marks Act, 1940
Section-23]

Rule 23
of the Trade marks Rules, provides an important safeguard for proper
functioning the provisions of the Trade Marks Act. Unless this provision is
properly complied with in its real spirit the whole procedure of granting
registration of a trademark will in a chaotic condition.

M. A. Taher Sikder
Vs. Registrar of Trade Marks &Ors. 9BLT (HCD)-194

General observation

Per Mr. Justice M.A. Aziz: law enforcing agency—They are the largest and
most organized group of gangsters and terrorists with license to carry arms
anywhere at any time.

Per Mr. Justice Shamsul Huda: the law enforcing agencies, specially the
police must do their best to bring back confidence upon them. It is ill luck
for our nation that police are placed to face trial for committing heinous
criminal offences i.e. murder, rape, dacoity, looting etc. This is a shame to
the whole police community department.

Afzalul Abedin &
Ors. Vs. Govt of Bangladesh & Ors. (HCD)-490

General observation

Section
461 (2) of the company’s Act,1985 (English)-In an application under section
233, an order directing the majority share-holders to purchase the shares of
the minority, is often passed, although there is no such specific provision.
Some time such order may create confusion and also difficulties. The English
Act provides for purchase of shares not only by the members but also by the
company itself and consequently allow reduction of its capital.

Nurul Hoque
Chowdhury Vs. Mrs. Mahzabin Chowdhury. 12 BLT (HCD)261

General observation

Modern
banking is multifarious and based upon utmost trust ‘and confidence. No bank,
is expected to receive the charge documents executed in blank in necessary
particulars and then, fill them as and when they think fit.

When
they fill in them afterwards they cannot do so without committing breach of
such trust and confidence. We must say it is in the best interest of the bank
to abandon such old practice, if any, as early as possible.

BCCI Ltd. Vs.
Bangladesh Electrical Industries Ltd. & Ors. 12 BLT (HCD)502

General observation

The
respondent No.1 obtained the ex-parte decree long ago but did not yet get the
decreetal dues. In terms of Clause(e) of Article 88 of the Constitution
expenditure for satisfying such decree is a charge upon the Consolidated Fund.
So it is desirable that Ministry of Finance, takes immediate steps for
including the decreetal dues, which is the subject matter of the present case,
in the annual financial statement to be prepared for next year so that the
above decreetal dues may be paid out of the consolidated Fund.

Bangladesh Bank Vs.
Mrs. Rana Awan & Ors 15 BLT (AD)260.

 

General Clauses Act, 1897


General Clauses Act [X of 1897]


Section 6—

Earlier
Division Bench of the High Court Division while quashing the proceedings of the
Special Tribunal Case did not take into consideration the applicability of
section 6 of the General Clauses Act to a case of a repealed statute. The
learned Judges of the High Court Division while delivering earlier judgment did
not take into consideration two leading decisions wherein it has been held that
where an Act repeals an earlier Act, and a different intention appears, the
repeal shall not affect any liability incurred or punishment incurred in
respect of any offence committed against any enactment so repealed and hence
the earlier judgment of the High Court Division was given “per incuriam”.

Abul
Kalam Khan vs Reaz Morshed and another 5 BLC 528.


Section 6—

From
the savings clause in section 29 (2)(3) of the Nari-o-Shishu Nirjatan (Bishes
Bidhan) Am, 1995 there is nothing in the language from which it can be
concluded that only the cases pending for trial before any Special Tribunal or
pending investigation under the Cruelty to Women (Deterrent Punishment)
Ordinance, 1983 in its restricted meaning have been saved. If such restricted
interpretation is accepted then the accused persons who have committed offence
under such repealed enactment will get premium without facing trial which could
not be intention of the legislature. The repealing Act does not indicate any
intention of destroying the liability or penalty incurred under the repealing
Act. In the repealing Act, there is specific mention of only cases which were
under investigation or under trial but it does not appear from the repealing
Act that the offences, which were committed under the repealed Act which are
covered by section 6(b)(c) and (d) of the General Clauses Act, would be deemed
to have been destroyed. Section 6 of the General Clauses Act will be applicable
unless the new legislation manifests an intention incompatible with or contrary
to the provisions of the section. Such incompatibility would have to be
ascertained from a consideration of all the relevant provisions of the new law.

Abul
Kalam Khan vs Reaz Morshed and another 5 BLC 528.


Section 6—

An
accused is to be tried in accordance with procedure prevailing on the day trial
commenced and if the procedure is changed by the time trial commenced the
accused cannot claim vested right to be tried in accordance with the provisions
of the repealed procedure.

Sultan
Ahmed and others vs State 1 BLC 158.