Judicial Dictionary - P

Judicial Dictionary


Legislative Dictionary


Pre-emption

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CategoryP
TitlePre-emption
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Right of pre‑emption is a right of prior purchase, in Bengali it is called অগ্রক্রয়  and by pre‑emption the pre‑emptor purchases the property at the price at which it is transferred with statutory costs. 

Hafiz Ahmed Vs. Ahmedur Rahman and others, 1995, 24 CLC (HCD) [7480] )

Pre- emption is the right to purchase something in advance of others or a prior appropriation of something. 

If a pre-emptor succeeds in having the property transferred to himself from the purchaser by private arrangements instead of bringing a suit, it would not be right to say that he has not exercised his right of pre-emption. 

( Mehr Baksh vs. Mala Dad, 3 DLR (1951) 224 ) 

Created OnMay 2, 2011, 5:34 AM
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