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The LA Act, 1894 with the Marquess of Lansdowne Plate-flaw

Has got 3 known examples with flaw intact, in force even today.

 

The flaw in the law referred to in the presentation is akin to a plate flaw in philately.

A plate flaw in philately is defined as:

“Damage to or error on, one specific stamp image on one specific printing plate”.

Any number of impressions made with a printing plate with a flaw on a specific stamp image, for example, position 32 in a sheet of 10x10 ups,  will show the same flaw on the particular position 32 on all sheets.

Likewise, when over 50 countries were under Queen Victoria, LA laws were enacted by different Governor Generals of different countries/territories under the Queen, with almost a common objective. Of those LA laws, the one enacted by the Marquess of Lansdowne in India had a  flaw (the flaw referred to in the presentation) which is the absence of a section or rule prescribing for the compulsory registrability of notification u/s 4 (1).

That LA Act 1894, with the plate-flaw intact is in force in India even today.

After independence, Pakistan also adopted the same version of LA Act, 1894(Lansdowne version) with the flaw and in Pakistan too, the same version with the plate-flaw intact, is in force even today.

After separation from Pakistan, when Bangladesh became independent in 1971, the same LA Act 1894(Lansdowne version) with the same plate flaw intact was adopted in 1982, albeit under a different name(Acquisition and Requisition of Immovable Property Ordinance, 1982 (Ordinance No. II of 1982) and of course with lot of changes in text and appearance but with the original flaw intact and is still in force with the flaw intact even today.

So it is 3 impressions from the Lansdowne plate with registrability flaw.

One with India, one with Pakistan and one with Bangladesh all with the flaw intact, in force even today. For comparison, refer text of the LA laws of Pakistan and Bangladesh enclosed in attachments under part 15 of the presentation titled "The flaw in the Law" posted in the forum section.


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Category Property Law, Other Articles by - Baskaran Kanakasabai 



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