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Haji Joynal Abedin Vs. State, People's Republic, Bangladesh others, 1978, 7 CLC (HCD)
Abbas Sheikh & another Vs. Md. Abu Hossain Sarkar and others, 1977, 6 CLC (HCD)
Govt. of the then East Pakistan Vs. M/s. Lucky Biri Company, 1975, 4 CLC (HCD)
Taferuddin Pramanik Vs. Tahmina Khatun and others, 1977, 6 CLC (HCD)
Zauz Ali Molla Vs. Fatema Bibi and others, 1978, 7 CLC (HCD)
Meheruddin Vs. Govt. of Bangladesh and others, 1978, 7 CLC (HCD)
Derequisition of a Requisitioned land
Once a land is de-requisitioned and its possession is restored to the owner there is no provision for retaking it thereafter. The proceeding as to requisition comes to an end with release of the property under section 8.
Appeal and Revision against requisition
Section 4A empowers the Government to revise an order of the Deputy Commissioner requisitioning a land or of the Commissioner passed in appeal against an order of requisition made by the Deputy Commissioner. This section does not authorize the Government to revise an order of de-requisition which is passed only under section 8.
Sultan Ahmed Vs. Election Commission of Bangla¬desh and another, 1978, 7 CLC (HCD)
Farid Ahmed Vs. The Govt of Bangladesh & others, 1978, 7 CLC (HCD)
Adamjee Jute Mills Ltd Vs. Abdul Matin & others, 1977, 6 CLC (HCD)
General Manager, Urea Fertilizer Fac¬tory, Ghorashal, Palash, Dacca Vs. Urea Fertilizer Fac¬tory Employees Uni¬on, Ghorasal Palash, Dacca and others, 1978, 7 CLC (HCD)
Ananda Chandra Mitra Vs. Abdur Rahman Howladar, 1978, 7 CLC (HCD)
Md. Ajmal Khan Vs. Chairman, Ctg. Pourashava and others, 1977, 6 CLC (HCD)
Khulna Tobacco Industries Limited Vs. Chairman, Labour Court, Khulna and another
Fazlul Huq Chowdhury Vs. Govt. of Bangladesh, 1978, 7 CLC (HCD)
Amin Jute Mills Ltd Vs. Enquiry Officer, War Risks Insurance, East Pakistan Zone and others, 1977, 6 CLC (HCD)
Md. Sharif and others Vs. M. Baharuddin Chowdhury and the State, 1977, 6 CLC (HCD)
Chairman, Power Development Board & Others, 1980, 9 CLC (AD)
Section
34 is not meant for establishment of any right, but it provides for
enforcement of any existing right guranteed or secured by law, award or
settlement. (7)
Mosharraf Hossain Chowdhury Vs. General Manager, Titas Gas Transmission & Distribution Co. Ltd. & another, 1980, 9 CLC (AD)
Mansurul Aziz & Another Vs. Secretary, Ministry Of Land Administration And Land Reforms & Others, 1980, 9 CLC (AD)
(Emergency) Requisition of Property Act (XIII of 1948), Section 3
Requisition of property-Section 3 provides the authority to the Deputy Commissioner to requisition certain immovable property for a public purpose. Providing accommodation to a government office is no doubt a public purpose. But to justify such an order a case is to be made out that alternative accommodation is not available, and it is essentially required for providing accommodation to the office of the Comptroller and Auditor General of Bangladesh.
The order of requisition should contain the description of the government officer or the government office for whom the property is requisitioned.
An order of requisition for collateral purpose cannot be sustained
If the lessee was prepared to increase rent, the matter could be settled by negotiation with the lessors. The lessee chose to take recourse to the extraordinary power of the government to requisition the property. We are constrained to take the view that there was some amount of high-handedness in making the order of requisition, and the order of requisition is arbitrary There is much scope for saying that the essee secured the order to teach a lesson to the lessor or at least to gain an upper hand in the matter of renewal on re-fixation of ren. Such action of the government in. requisitioning a private property under s.3 of the Act cannot be sustained.
Arbitrary exercise of power is itself mala fide, that is malice in law………………..(6-9)