Judicial Dictionary - A
Act means Act of Parliament, that which is done by persons, generally consequent on volition. It may include a deliberate omission. Act in legislation is a statute or law made by legislative body. In its general legal sense, this word ‘act’ denotes a matter or thing done by an individual. “Act”, used with reference to an offence or a civil wrong, shall include a series of acts, and words which refer to acts done extend also to illegal omissions.
( Section 3(2) of the General Clauses Act, (Act X of 1897) )
Act in legislation is a statute or law made by legislative body. “Act of Parliament” shall mean an Act passed by Parliament and shall include any Act passed or made by any legislature or any person having authority to legislate under any Constitutional instrument and in force in Bangladesh or any portion thereof.
( Section 3(1a), the General Clauses Act, 1897 (Act X of 1897) )
When a reference is made to any enactment which has been amended by subsequent amendments, the reference to the original Act with its original number would mean the Act as it stands on a particular day with all the amendments.
( Sui Gas Transmission Co. vs. Islamic Republic of Pakistan (1959) 11 DLR (SC) 301 )
Where changes in the rules have been effected by a non-legislative body under rule-making power the principle that rules or regulations cannot affect a provision of the Act is applicable even though it has to be considered as embodied in the Act and in case of conflict between a rule and provisions of the Act the latter prevails.
( Mansur Ali Vs. Member Board of Revenue, (1959) 11 DLR 412 )
See s. 33 of the Penal Code, 1860; s 3(2) of the General Clauses Act, 1897 (Act No. X of 1897).
|Created On||May 8, 2010, 7:39 PM|