Law:

Section:

(a) East Bengal State Acquisition and Tenancy Act, 1950 (XXVIII of 1951)----- -----Ss. 3 and 37-Whether offend against Articles 5 and 15 (2) (3), and, so far as acquisition of waqf and debutter properties is concerned, also against Article 18, Constitution of Pakistan, and therefore void and inoperative­ "Equality before law" and "equal protection of law"-Meaning and scope-Amendments to the U. S. Constitution, Article 14­ Fundamental Rights cannot be taken away by legislation­ Constitution, interpretation of-------Liberal and in favour of citizen. The East Bengal State Acquisition and Tenancy Act 1950 (XXVIII of 1951) was passed by the Provincial Assembly of East Bengal to provide for acquisition by the State of the interests of rent-receivers in East Bengal. By subsection (1) of section 3 the Act enabled the Provincial Government to acquire by notification in the official gazette all interests of such of the rent-receivers as were specified in that notification. Subsection (2) of that section empowered the Government also to acquire in a similar manner all or any of the lands in the khas possession of such rent-receivers. The rent-receiver thus expropriated were declared by section 37 of the Act entitled to receive compensation on their net incomes on a sliding scale, that is to say, the rate of compensation decreasing as income increased. The Provincial Government by several notifications acquired the interests of certain rent-receivers and the lands in their khas possession before the Constitution came into force. On 2nd April 1956, that Government issued further notifications, district-wise, purporting to acquire the interest of the remaining rent-receivers under subsection (1) and the lands in their khas possession under subsection (2) of section 3 of the Act, with effect from 14th April 1956. On the 13th of April 1956, 83 petitions for writs of mandamus or in the nature of mandamus were moved in the High Court of Dacca against the Provincial Government directing them to withdraw or rescind the notifications. The principal attack on the notifications was on the strength of Article 5 of the Constitution which provides that "All citizens are equal before law…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492