General Clauses Act, 1897



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


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accrued to a person under an enactment subsists even after expiry of the Act but it applies only when an enactment is repealed by another enactment.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 The Emergency Requisition as Property Act has not been repealed by lapse of time and so the petitioner is not entitled to invoke the benefit of section 8B of the Act.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


If any proceeding was started on any action was taken in a repealed law, even after repeal of the law the proceeding will continue under the repealed law as if law is not repealed.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


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


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


Clauses Act, 1897



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.

(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 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.



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

(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.

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

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



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).

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

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.



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

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

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




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

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

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

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.

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.

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.

Abdul Mazid V Abu Zaffor Mohammad Khalil and ors. 14 BLD 488—Cited and







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



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


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.



‘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



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

Sachindra Chandra Sutradhar Vs. Md. Mofizuddin, 4BLD(’AD)67

Ref: PLD l965(SC) 453—Cited.



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




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
—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



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



Authentication of
—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,

Ref: A.I.R. 1948 (All) 129; (19.56)3 AER 939—Cited.



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

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.



Power to cancel
—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



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.



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.