Law:

Section:

  East Bengal Emergency Requisition of Property Act (XIII of 1948), Ss. 3 & 4-Order under S. 3-Service by printed form bearing rubber-stamp replica of signature-Not legally valid Rubber-stamp not conscious substitution of signature of person making order-S. 4 does not relate to service of notice but service of order-Act, a, drastic piece of legislation, to be very strictly construed.   Kasim Ibrahim v. Jahurmulla Khemka I L R 43 Cal. 447; Jhaburmull Dudhivala v. Bhagatram Serowgir 51 C W N 189; Kamudin Welfare Trust of Benga, Ltd. v. Pakistan and others P L D 1960 S C (Pak.) 121 rel.   Mohammed Nur Hussain v. Province of East Pakistan P L D 1959 S C (Pak.) 470 distinguished.   East Bengal Emergency Requisition of Property Act (XIII of 1948), Ss. 5 & 12-C-Cases under S. 5-Signature of relevant persons mandatory by S. 12-C.   Precedent-Decision, authority only for point mooted and decided and not for points neither canvassed nor decided. JUDGMENT   MURSHED, J.-The petitioner, Dr. Azizul Islam, claims to be the owner and occupier of a piece of land consisting of C. S. Plots 1343 and 1424 of mouza Shahar Khilgaon, J. L. No. 287, in the District of Dacca. It is stated that he has built a building on the said plots where he resides with members of his family. On the 30th of December 1959, he received a piece of printed paper which purported to be a notice under section 3 read with section 9 of the East Bengal (Emergency) Requisition of Property Act, 1948 (Act XIII of 1948) (hereinafter called the Act) from the office of the Land Acquisition Collector, Dacca. The document which was made over to him bore a seal of that office and a rubber-stamp replica of a signature appended under the printed space provided for the signature of the Additional District Magistrate, Dacca. This paper, which was served on him, according to its printed directions, required him to deliver the said piece of land which was purported to be requisitioned for a rehabilitation scheme for displaced persons. On receipt of the so-called notice as described above, the, petitioner made several representations to the Land Acquistion Collector for a recon sideration…