|
|
[Home]
[Databases]
[WorldLII]
[Search]
[Feedback]
Bangladesh Acts |
[Database Search] [Name Search] [Noteup] [Help]
Hussein Muhammad Ershad, President
Muhammad Abul Bashar Tuiya (?), Sub-Secretary
ACT NO.32 of 1989
An Act made to consolidate the powers of the court to give interim prohibitory orders;
Whereas it is expedient to consolidate the powers of the court to give interim prohibitory orders;
Therefore it is enacted as follows:-
1. Short title.- This Act may be called the Court (Interim Prohibitory Order) Act, 1989.
2. Consolidation of the powers of the court to give interim prohibitory orders.- (1) Notwithstanding anything said in any other law for the time being in force, in case that in any current suit under the consideration of any court or any other legal procedure a temporary or interim prohibitory order or any interim order is applied for against the Government or any local authority, or against any person discharging functions related to those of the Government or of any local authority, and if, accordingly, the interim order-
(a) may obstruct or impede the implementation of any development programme or any development works; orin that case the court may not give any such interim order to the person against whom such an interim order has been applied for, until the court has, after consideration, issued a notice to the said person about the said application, and the opportunity of a hearing to that person or to any other person put into charge by that person, and until the court is satisfied that the order does not cause any effects mentioned under clauses (a) and (b).
(b) if it may be injurious to public welfare in any other way,
Explanation.- (1) In this section, "local authority" means village
corporation, Village Parishad, Union Parishad, or any corporation, Board,
authority
or any official institution established by any act, rule, provision
or resolution.
(2) In case that a court gives a temporary or interim prohibitory order
against any person, in any suit or any other legal procedure,
without giving,
after consideration, a notice to that person, and without giving him or
any person put into charge by him, the opportunity
of a hearing, in that
case the court shall give that person the opportunity of a hearing, and
execute the application concerning
the giving of interim orders within
seven days after the issue of the said interim order, and if, for any other
reason than the petition
of that person, the application can not be executed
within seven days, the interim order shall become invalid from that time
on.
CommonLII:
Copyright Policy
|
Disclaimers
|
Privacy Policy
|
Feedback
URL: http://www.commonlii.org/bd/legis/num_act/cpoa1989391