Exercise
Identify the type of following legislations
(Supreme / Delegated Legislation)
• Muslim Family Law Ordinance 1961
• Code of Criminal Procedure 1898
• The Government Indemnity Regulation, 1822 (Bengal Regulation)
• The Alluvion (Amendment) Act, 1868
• The Bangladesh (Legal Proceedings) Order, 1972
• Legal Aid (Amendment) Rules, 2014
• Legal Aid Regulation, 2015
Find out the commencement of the following statutes:
• The Penal Code 1860
• The Children Act 2013
• The Proclamation of Independence 1971
• The International Crimes (Tribunals) Act, 1973
• Premises Rent Control Act 1991
• Jagannath University Act 2005
The Muslim Personal Law (Shariat) Application Act, 1937
What type of legislation is it?
Find out the following internal impressions:
– Short title
– Long title
– Non- Obstante clause
– Marginal note
The Proclamation of Independence 1971, 10th April
‘It shall come into force from 26th day of March 1971’
– Retrospective
– Prospective
The Family Courts Ordinance 1985, 30th March
‘It shall come into force on such date as the Government may, by
notification in the official Gazette, appoint. (The Ordinance has come into
force on 15th day of June, 1985 by S.R.O No. 239-L/85, dated: 29th May,
1985)’
– Retrospective
– Prospective
Constitution of Bangladesh
How do you interpret the following two provisions?
How do you determine the ceiling of land of an individual?
The State Acquisition and Tenancy Act, 1950
Section 90. (1) Notwithstanding anything contained in any other law for the time being in force, no person
shall, after the commencement of this Part, be entitled to purchase or otherwise acquire, except in
accordance with the provisions of this Part, any quantity of land which added to the total quantity of
land already held by him for himself and his family exceeds three hundred and seventyfive standard
bighas.
The Bangladesh Land Holding (Limitation) Order, 1972
Section 3. Notwithstanding anything to the contrary in any other law for the time being in force,- (a) no
family [or body] shall be entitled to retain any land held by it in excess of one hundred standard bighas
in the aggregate and all lands held by it in excess of that quantity shall be surrendered to the
Government;
Land Reforms Ordinance 1984
Section 4. (1) No malik who or whose family owns more than sixty standard bighas of agricultural land
shall acquire any new agricultural land by transfer, inheritance, gift or any other means.
Selling of adulterated butter is an offence under the Prevention of Food
Adulteration Act, 1954. Under the Act, the term butter is defined as “butter
prepared exclusively from milk or cream of cow or buffalo or of both”.
Problem: X, who is being prosecuted for selling adulterated butter argues that the
butter which he is selling is neither prepared from milk nor cream but from the curd
and therefore not covered within the definition of butter under the Act. Also, it being a
penal provision should be constructed strictly in his favour. How would you decide?
If there is any appearance of in consistency between the schedule and specific
provision in An enactment, the ________ shall prevail?
a. Schedule
b. Provisions
c. Both will be applicable as per situation
d. None of the above
Evidence Act 1872
Section 114. The court may presume the existence of any fact which it thinks likely to
have happened, regard being had to the common course of natural events, human
conduct and public and private business, in their relation to the facts of the particular
case.
Illustrations
(b) that an accomplice is unworthy of credit, unless he is corroborated in material
particulars;
Section 133. An accomplice shall be a competent witness against an accused person; and
a conviction is not illegal merely because it proceeds upon the uncorroborated
testimony of an accomplice.
How do you interpret ‘the corroboration of material particulars’ in case of
testimony of an accomplice?
The Specific Relief Act, 1877
Section 8. A person entitled to the possession of specific immoveable property
may recover it in the manner prescribed by the Code of Civil Procedure.
The definition of immoveable property is absent on the definition clause of
the Specific Relief Act, 1877. Can we borrow the definition from the
Transfer of Property Act or General Clauses Act? Why?
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