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People's Republic of Bangladesh Vs. Sri Sri Madan Gopal Jew Bigraha and ors., 1981, 10 CLC (AD)
.... of the first appellate Court is empowered to question validity of Hate Court and restore that of the trial Court recording abatement of the suit, There will be no order as to costs. Ed. ......tion 43 of East Bengal State Acquisition and Tenancy Act have been published acquiring of all interests other than those already acquired under section 3 of the Act completing all acquisition proceedings under the Act. All the notifications have been published in the Official Gazette c..Category: Property Law | Date: | Hits: 44
Abdul Jabbar Khan @ Jabbar Khan & ors Vs. State and another, 1980, 9 CLC (AD)
....oned in the original comÂplaint petition and sent up for trial by the police and he will be guided by the principles enunciated above. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 247 ......or consideraÂtion of the naraji petition and other materials available on record, to enable him to decide whether to take cognizance or not against the present appellants. 2. Facts giving rise to proceedings are as follows: The respondent lodged a Complaint petition against 24 persons On the all..Category: Criminal Law | Date: | Hits: 60
Belayet Hossain and another Vs. Md. Abu Taher and others, 1980, 9 CLC (AD)
....side and the case is remitted back to the High Court Division for disposal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 231. ......Tenancy Act, 1950 (Act XXVII of 1951) section 96 The Code of Civil Procedure, Order IX, Rule 13 The order of dismissal of an application under Order IX, rule 13 of the CPC for restoration of a proceeding under section 96 of the state Acquisition and Tenancy Act disposed of ex-parte, is not ap..Category: Property Law | Date: | Hits: 55
Wahid Ali and ors Vs. State, 1980, 9 CLC (AD)
....e the orders of the High Court and that of the Sessions Judge and direct that the proceeÂdings are to continue in accordance with law. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 229 ...... sections 449, 307,380 and 324 of the Penal Code, the District and Sessions Judge upon a Petition under section 27 of the Special Powers Act in that case cannot convert himself in respect of the same proceedings to Special Tribunal under the Special Powers Act and cannot pass an order on the petitio..Category: Criminal Law | Date: | Hits: 33
Nasiruddin Vs. Government of the People's Republic of Bangladesh & ors, 1980, 9 CLC (AD)
....t Division and remit the case back to it for decision in the light of the observation made above. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 216 ......ways vested in the Government. This taking over or vesting shall not be called in question on any ground whatsoever before any authoÂrity, or Court, and all suits, appeals, petitions or other legal proceedings pending before the commencement of the Regulation in any Court shall abate. The Regula..Category: Constitutional Law | Date: | Hits: 157
Sayed Ali Vs. Sree Gopal Chandra Das and others, 1980, 9 CLC (AD)
....ithout any order as to costs and remit the case to the Court of first instance to dispose of the matter in accordance with law. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 212. ......€¦â€¦.....Respondents Judgment March 11, 1980. The Code of Civil Procedure, 1908 (Act V of 1908), Section 144 The Small Causes Act, 1887 (IX of 1887), Section 33 No separate execution proceeding is reqÂuired to enforce the order made under section 144 of the Code of Civil Procedure...Category: Procedural Law | Date: | Hits: 96
Abu Taleb Mridha Vs. State, 1980, 9 CLC (AD)
.... dated 20-8-74 took cogniÂzance of the offence under Article 2 (4) (b) and (f) of the said Order. The High Court Division was moved under sections 435/-439/561A of the Code of Criminal Procedure for quashing of the proceeding on the ground that offences specified in clause (f) of Clause (4) of Arti......ook cogniÂzance of the offence under Article 2 (4) (b) and (f) of the said Order. The High Court Division was moved under sections 435/-439/561A of the Code of Criminal Procedure for quashing of the proceeding on the ground that offences specified in clause (f) of Clause (4) of Article 2 and other ..Category: Criminal Law | Date: | Hits: 57
Abdur Rashid Vs. Secretary, Ministry of Cabinet Affairs, EstaÂblishment Div & ors, 1980, 9 CLC (AD)
....ere will be no order as to costs. Order of the Court By Majority view the appeal is dismissed but without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 201 ......try of Cabinet Affairs, EstaÂblishment Division & ors...........Respondents Judgment Jan 7, 1980. Awarding Higher Punishment to Delinquent Government Servant than prescribed in the inquiry proceeding. It is for the appointing authority to decide whether a corrupt officer should be reta..Category: Employment/Service Law | Date: | Hits: 70
Gopinath Ghose Vs. State, 1980, 9 CLC (AD)
....ssions Judge taking the plea that he was already tried for and was acquitted of the same offence and the Sessions Judge made a refeÂrence to the High Court Division under section 438 of the Code for quashing the proceeding on the ground that the subsequent prosecution is barred under Section 403 of......l Reference No. 39 of 1973). Judgment: Shahabuddin Ahmed, J:-This appeal of special leave calls in question an order of the High Court Division dated May 3, 1977 refusÂing to quash a criminal proceeding started unÂder section 167(81) of the Sea Customs Act which was challenged by the accuse..Category: Criminal Law | Date: | Hits: 42
State, People's ReÂpublic of Bangladesh and others Vs. Haji Joynal Abedin, 1980, 9 CLC (AD)
....the decision of the majority the appeal is allowed. The judgment and order of the High Court Division dated May 4, 1978 are set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 110. ......¦â€¦â€¦â€¦â€¦â€¦â€¦(18) Martial Law Courts being creatures either of the Proclamation or Martial Law Regulation, have the authority to try any offence made triable by such Courts. All proceedings before a Martial Law Court has been protected from being challenged before any court, in..Category: Criminal Law | Date: | Hits: 294
Salimuddin Ahmed Vs. The State, 1980, 9 CLC (AD)
....….(3) Munim, J. came to the conclusion that the High Court Division under section 561A. can exercise its limited jurisdiction in the proceeÂdings pending before the Special Tribunals. So far quashing is concerned, it could not be said that the prolongation of the prosecution would be an abu......on 29. Section 29 of the Special Powers Act has made apÂplicable all the provisions of the Code of Criminal Procedure in so far as they are not inconsistent with those contained in the Act to the proceedings of the SpeÂcial Tribunals. The High Court DiviÂsion has neither the power to hear an a..Category: Criminal Law | Date: | Hits: 51
A. Z. Rafique Ahmed Vs. BD Council of Scientific and IndusÂtrial Research & ors, 1980, 9 CLC (AD)
....ion is set aside and it is declared that the order of dismissal of the appellant is without any lawful authority and of no legal effect. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 83 ......nded his reinstatement. The appelÂlant served demand justice notice through his lawyer. In reply to the same he was informed that the order of dismissal had been passed in connection with the second proceeding and not in connection with the first proceeding. With regard to the other case, the appel..Category: Employment/Service Law | Date: | Hits: 130
Abdul Mannan Vs. Bangladesh and another, 1980, 9 CLC (AD)
....in the judgment of the High Court Division warranting inÂterference. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 75 ......ding to the impugned order are that the petitioner at the relevant time was employed as the Chief Cost-Accounts Officer in the Tariff Commission. On certain allegations of corruption and misconduct a proceeding was drawn against him under the Government SerÂvants (Discipline and Appeal) Rules 1976,..Category: Employment/Service Law | Date: | Hits: 72
Cherag Ali and others Vs. State and anothers, 1980, 9 CLC (AD)
....er of the Magistrate dated February 27, 1975 is quashed. The case should proceed in accordance with law and the observations made above. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 71 ......g under section 396 of the Penal Code read with P.O. 50, of 1972. ThereÂfore, it is difficult to accept the submission of the learned Advocate that the case on 'narajee' filed by the complainant was proceeding as an ordinary criminal case after the 'narajee, petition was entertained, in view of the..Category: Criminal Law | Date: | Hits: 48
Azizul Molla Vs. Taher Ali Sarder and others, 1980, 9 CLC (AD)
.... without any lawful authority and the order passed by the Prescribed Authority in conseÂquence of the resolution is of no legal effect. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 65 ......der removing the chairman. 3. The High Court Division did not find merit in the petition and on its rejection at the final hearing, the appellant obtained leave for considering the legality of the proceeding for removal of the Chairman in the special meeting in the absence of rules framed for the..Category: Employment/Service Law | Date: | Hits: 108
M. A. Hai Vs. Trading CorpoÂration of BanglaÂdesh, Dacca, 1977, 6 CLC (AD)
....978 dismissing the apÂpellant from service is declared to have been passed without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 46. ......ling a writ petition contending inter alia that the appellant was not given any persoÂnal hearing either by the Enquiry Officer or by the Chairman of the Corporation at any stage of the departmental proceeding and he was reÂmoved from service without considering the reÂcommendation of the Enquiry..Category: Employment/Service Law | Date: | Hits: 72
Syed Masud Ali and others Vs. Md. Asmatullah & others, 1980, 9 CLC (AD)
....rst schedule land of the plaint if the plaintiff so desires to proceed. In the circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 39 ......nistrator and the ComÂmittee, Chapter IV Enrolment of Waqf, Chapter V Waqfs Accounts, Chapter VI Transfer of Waqf, properties, Chapter VII Mutawalli Chapter VIII Finance, Chapter IX Certain Judicial proceedings, Chapter X Amendment and Repeal of certain enactÂments, Chapter XI contains certain pro..Category: Trust/Waqf Law | Date: | Hits: 196
Siraj Miah Vs. Bangladesh and anoÂther, 1980, 9 CLC (AD)
....ve, the appeal is allowed and the order of the Sessions Judge is set aside and the proceeding are to contiÂnue in accordance with law. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 35 ......f a complaint. 5. The Sessions Judge though a SpeÂcial Tribunal being a distinct and separate Court under the Special Powers Act canÂnot, acting as Sessions Judge, convert itself in the same proceeding to act as Special Tribunal at the same time so as to treat a proceeding under the Code of..Category: Criminal Law | Date: | Hits: 60
Zahidul Haque Vs. Bangladesh and others, 1980, 9 CLC (AD)
....erred by different statutes upon a single person. The appeal therefore is allowed and the order of the High Court Division is set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 33 ......clared all the foreign currencies he had with him. When, however, the Customs Officials were about to search his persons, the appellant declared that he had some more undeclared foreign currencies. A proceeding was started with the Tejgaon Police Station under the proÂvisions of the Special Powers ..Category: Criminal Law | Date: | Hits: 63
Bangladesh Vs. Shahjahan Siraj @ Sirajul Islam, 1980, 9 CLC (AD)
.... in so far as it did not have any retrospective operaÂtion on the pending cases………………….(31) per Fazle Munim, J. The High Court DiviÂsion acted in excess of its jurisdiction in quashing the proceedings before the Special Tribunal which is not subordinate to the High Court Divi...... it did not have any retrospective operaÂtion on the pending cases………………….(31) per Fazle Munim, J. The High Court DiviÂsion acted in excess of its jurisdiction in quashing the proceedings before the Special Tribunal which is not subordinate to the High Court Division………..Category: Criminal Law | Date: | Hits: 66
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