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The Bangladesh (Legal Proceedings) (Second) Order, 1972 (President's Order)

( PRESIDENT'S ORDER NO. 69 OF 1972 )

4. (1) Subject to clause (2), any legal proceedings which are pending by or against the erstwhile Government of Pakistan or the erstwhile Government of East Pakistan in any Court or tribunal or before any arbitrator, tax authority or other authority in Bangladesh shall be continued by or against the Government of Bangladesh and the Government of Bangladesh shall be deemed to be substituted for the Government of Pakistan or, as the case may be, the Government of East Pakistan as a party to such proceedings.
 
 
 
 
(2) The Government of Bangladesh may, 1[at any time before the final hearing of any legal proceedings mentioned in clause(1)], submit a written application to the court, tribunal, arbitrator, tax authority or other authority in or before which such legal proceedings are pending stating that the Government of Bangladesh shall not be a party to the proceedings and with effect from the date of submission of such application the Government of Bangladesh shall cease to be a party to such proceedings and, if such proceedings cannot continue in the absence of the Government of Bangladesh, the proceedings shall abate.
 
 
 
 
2[(3) Where any legal proceedings abate under clause (2), no fresh legal proceedings shall be brought on the same cause of action.]

  • 1
    The words, brackets and figure “at any time before the final hearing of any legal proceedings mentioned in clause (1)” were substituted for the words, brackets, figure and comma “within six months from the date of commencement of this Order or before the final hearing of any legal proceedings mentioned in clause (1), whichever is earlier” by Article 2 of the Bangladesh (Legal Proceedings) (Second) (Amendment) Order, 1972 (President’s Order No. 97 of 1972)
  • 2
    Clause (3) was added by Article 2 of the Bangladesh (Legal Proceedings) (Second) (Amendment) Order, 1972 (President’s Order No. 97 of 1972)
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