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Director of Taxation & Excise, Govt of East Pak. (now BD) Vs. Mehdi Ali Khan Panni, 1980, 9 CLC (AD)
...., by a single judgment, dismissed applications rely. ing on the earlier majority decision of that Court, in Khurram Khan Panni's case. 3. The appellant obtained special leave to appeal against the orders of the High Court on three questions for reference; (1) Whether on the facts and circumsta..Category: Trust/Waqf Law | Date: | Hits: 239
State, People's Republic of Bangladesh and others Vs. Haji Joynal Abedin, 1980, 9 CLC (AD)
.... Order under any Martial Law Regulations are immune from all attacks before any Court including the Supreme Court. Proclamation (Amendment) Order, 1977 (P.O. I of 1977) Validated all orders passed by the President or Chief Martial Law Administrator- Therefore vires of clause (2) of ..Category: Criminal Law | Date: | Hits: 294
Hupen Majhi @ Hapan Tudu & ors Vs. Munshi Abul Khair, 1980, 9 CLC (AD)
....e possibility of two inconsistent decrees coming into existence substitution is necessary. 9. For the reasons stated above we allow the appeal without any order as to costs and set aside the orders of the High Court Division and the first Appellate Court, and send the case back on remand to..Category: Property Law | Date: | Hits: 73
Bangladesh Vs. Abdur Rashid and others, 1980, 9 CLC (AD)
.... under the Land Acquisition Act, 1894……..(6) There is no scope for invoking the general provision of the Land Acquisition Act, 1894 to invest the said Court with a power to grant interest. The orders of the High Court and the Additional District Judge, 3rd Court Dacca, awarding interest are s..Category: Others | Date: | Hits: 86
A. Z. Rafique Ahmed Vs. BD Council of Scientific and Industrial Research & ors, 1980, 9 CLC (AD)
....onsible for the proper administration of affairs of the Council under the direction and the guidance of the Governing Body and in accordance with the broad principles led down by the Broad and the orders of the Government. 7. Clause 15 provides that Members (Science) and Member (Technolog..Category: Employment/Service Law | Date: | Hits: 130
Md. Mahboob Murshed Vs. Bangladesh and others, 1980, 9 CLC (AD)
....shments Division Chittagong. The office order reads as under: CO. No. 433/1- PXV (O) Dated 16.11.1972 The following postings and transfers are ordered with immediate effect until further orders in the interest of Public Service. Mr. Mahboob Morshed Ex-Den/DA, whose resignation was ..Category: Employment/Service Law | Date: | Hits: 77
Cherag Ali and others Vs. State and anothers, 1980, 9 CLC (AD)
....cide whether there are materials for taking cognizance of the offence alleged against the accused. The learned Magistrate should have sent the record of the case to the Special Tribunal for necessary orders, instead of passing order of discharge by himself………(7) Cases Referred to- Abul Ho..Category: Criminal Law | Date: | Hits: 48
Ayesha Salahuddin Vs. Chairman, Second Labour Court and anr, 1980, 9 CLC (AD)
....ibunal is upheld, but the order of the High Court converting the order of dismissal to an order of termination simpliciter is set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 68 ..Category: Labour and Industrial Law | Date: | Hits: 106
Ahmed Hossain & ors Vs. Basharat Ali and ors, 1980, 9 CLC (AD)
....ugh) Assessment Committee etc. the word 'contiguous' occurring in sub-section (3) of section 3 of the Rating and Valuation (Apportionment) Act has been construed. In the appeals preferred against the orders of assessment made by Assessment Committees, the appellants owned and carried on undertak..Category: Property Law | Date: | Hits: 66
Siraj Miah Vs. Bangladesh and another, 1980, 9 CLC (AD)
....eport in writing" is mandatory in nature. 8. The question, therefore, is whether the Sessions Judge at the time of passing the impugned order, had such a report before him. It will appear from the orders quoted above, that no such report was before the Sessions Judge. He was exercising revisional..Category: Criminal Law | Date: | Hits: 60
Abul Khair Miah being dead his heirs: Abul Kashem and ors Vs. Bangladesh & ors, 1980, 9 CLC (AD)
....y declared as without lawful authority but had not succeeded. 2. Facts are that the properties in appeal had been declared as enemy property by the Assistant Custodian of the Enemy Property by his orders dated 29-12-69 and 14-9-70 in E.P. Cases No. 228/70-71, 229/70-71 and 230/70-71. The properti..Category: Property Law | Date: | Hits: 58
Bangladesh Vs. Shahjahan Siraj @ Sirajul Islam, 1980, 9 CLC (AD)
.... 435 provides for the power of the High Court to call for record of interior Criminal Courts. Section 438(1) provides that the Sessions Judge or District Magistrate may report to the High Court for orders. Section 439 specifies the powers of the High Court in cases in which records have been calle..Category: Criminal Law | Date: | Hits: 66
Yusuf Vs. Mofzal Ahmed Sowdagar, 1993, 22 CLC (AD)
.... The section says that an interlocutory order subject to other provisions of the Code, could be challenged in appeal from the decree, if it affects die decision of the case. The interlocutory orders are not otherwise appealable except to the extent provided in section 104 read with Order 43..Category: Others | Date: | Hits: 119
Alfu Miah and others Vs. Government of the People's Republic of Bangladesh, 1993, 22 CLC (AD)
....rom interfering with the impugned order in view of the particular facts of the case. The appeal is, therefore, dismissed. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 112 ..Category: Limitation Law | Date: | Hits: 271
Sompong Vs. State, 1993, 22 CLC (AD)
.... with the said goods. It is true that some samples of the seized goods were produced before the Special Tribunal and it was ordered for keeping the same in the custody of the Peshkar until further orders. But all the seized goods are not in the custody of die court nor have been produced before ..Category: Criminal Law | Date: | Hits: 62
Government of the People's Republic of Bangladesh Vs. Abdul Motaleb Dewan and ors, 1993, 22 CLC (AD)
....vator of Forests on the strength of a circular subsequent to the date of appointment. 3. The Government's case is that the Circular dated 4.6.81 was passed, in super session of all previous orders in the matter, making the Conservator of Forests as the appointing authority for officers li..Category: Administrative Law | Date: | Hits: 114
Serajuddowla Vs. Abdul Kader and other, 1993, 22 CLC (AD)
....t attracted is contained in the Judgment of Kailasam, J which in substance is that so long the Magistrate does not take cognizance on the police report he does not act as a 'Court' and the various orders he passes during investigation by the police including an order of discharge upon submission..Category: Criminal Law | Date: | Hits: 40
Serajul Islam Vs. Bangladesh Consumer's Supply Company Ltd. and another, 1993, 22 CLC (AD)
.... cause why he should not be dismissed for defalcation of Tk. 42,215/19. He denied the allegation saying that the audit report was wrong in that the handling shortage as permissible by two circular orders were not considered and further that he deposited the spoiled goods worth Tk. 8850.00. Being..Category: Labour and Industrial Law | Date: | Hits: 79
Mujibur Rahman, Ex-Collector of Customs Vs. Government of Bangladesh, 1993, 22 CLC (AD)
....more on consideration of jurisdiction rather than on delegation of power. The CMLA did not lack any authority to pass any order and further under the Constitution (Seventh Amendment) Act, 1986 all orders, etc. of the CMLA made or purported to have been 4nade in exercise or purported exercise of ..Category: Administrative Law | Date: | Hits: 122
Habiba Mahmud Vs. Bangladesh and others, 1993, 22 CLC (AD)
....shiniri 21 DLR (SC) 1, the laws have been made clear but it appears that these decisions have fallen on the rocks. It will be an exercise in futility if the government goes on making unsustainable orders and the High Court Division in turn goes on striking them down. It will be a wastage of time..Category: Criminal Law | Date: | Hits: 88