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Abdur Rashid Vs. Govt. of Bangladesh, 1977, 6 CLC (HCD)
....paratory to retirement which is provided under section 10 of the Public Servants (Retirement) Ordinance 1973, and it enables the Government to withhold retirement benefits in case where any judicial or departmental proceedings, have been initiated against the Government servant. Petitioner..Category: Constitutional Law, Employment/Service Law | Date: 9 Feb, 1977 | Hits: 5
Bangladesh and others Vs. M/s. Speedbird Navigation Co. and others, 1977, 6 CLC (AD)
.... of 1972 to mean that there cannot be any vesting of an absentee owner's property unless the Government has formed an opinion that his absence from the country is for any purpose which is prejudicial to the interest of Bangladesh. It has been argued that formation of such an opinion is not ..Category: Others | Date: 27 Jan, 1977 | Hits: 217
Controller of Imports & Exports Vs. Adamjee Jute Mills Ltd. Dacca and others, 1976, 5 CLC (AD)
....achinery and procedure. On examining the provisions of the Act the Court found that it completely ignored the legal position that the assessment of a tax on person or property was at least of a quasi-judicial character. Neither did the Act impose an obligation on the Government to undertake pro..Category: Fiscal/Taxation Law | Date: 18 Aug, 1976 | Hits: 226
Md. Nazimuddin Vs. The State, 1976, 5 CLC (HCD)
....ding Act". The amending Act received assent of the President on July 20, 1974. Preamble of the Act indicates that the statute was enacted to provide special measures for prevention of certain prejudicial activities, more speedy trial and effective punishment of certain grave offences and matter..Category: Criminal Law | Date: 29 Jul, 1976 | Hits: 2
Salamat Khan Vs. Q.G. Ahad, 1976, 5 CLC (AD)
....s the appellant must be deemed to have agreed to the appointment of Mr. Murshed as the Arbitrator." In view of the authorities set out above, we do not think it worthwhile to refer to other judicial authorities cited from the Bar. 11. We can now revert to facts which are not in contro..Category: Alternative Dispute Resolution | Date: 20 Jan, 1976 | Hits: 352
Category: Property Law | Date: 2 Sep, 1975 | Hits: 3
Category: Property Law | Date: 30 Jul, 1975 | Hits: 3
Jinnat Ali Muktear Vs. Abdul Majid, 1975, 4 CLC (HCD)
....lication is a mere formality. To my mind, this is a completely erroneous impression. The discretion given to a Judge under Clause 15 of the Letters Patent is not just a mechanical legal process but a judicial discretion to be exercised after due consideration and the Court may either grant or refuse..Category: Limitation Law | Date: 24 Jul, 1975 | Hits: 2
Amizuddin Ahmed Vs. Election Tribunal, Narayanganj and others, 1975, 4 CLC (HCD)
....t the ballot papers in presence of parties. Before doing so it must come to a finding by evidence on oath that this recounting is indispensably necessary. On this view we are supported by established judicial principles. The decisions in Stowe Vs. Jollife (1874), L.R.I.C. P-446 and "G.T. Mudali..Category: Election Law | Date: 7 Jul, 1975 | Hits: 3
M/s. Friends Corporation Dacca Vs. Commissioner of Income Tax, 1975, 4 CLC (HCD)
.... from his method of accounting, if he has been regularly employing a method of accounting. The Income Tax Officer's decision on these matters is not to be a subjective or arbitrary decision but a judicial decision and cannot be accepted if there is no material to support his findings.” ..Category: Fiscal/Taxation Law | Date: 7 Jul, 1975 | Hits: 2
Bacha Meah Vs. Province of East Pakistan & anothers, 1975, 4 CLC (HCD)
....e will be no order as to costs in any one of the cases. K. Hossain J.—I agree. This Case is also Reported in: 27 DLR (HCD) (1975) 563 ..Category: Administrative Law, Employment/Service Law | Date: 30 May, 1975 | Hits: 1
Category: Civil Law | Date: 30 Apr, 1975 | Hits: 5
Bangladesh Vs. Babu Indu Bhusan Gupta & others, 1975, 4 CLC
....g been disposed of the rule stands discharged without any order as to costs. S. M. Mohsen Ali J.—I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 534 ..Category: Property Law | Date: 17 Apr, 1975 | Hits: 2
Sayed Maksud Ah¬med Vs. Sunil Kumar Basu & others, 1975, 4 CLC (HCD)
....t is to pronounce judgment, even if the accused appellant is absent, when the appeal is called on for hearing. There is no provision for dismissing the appeal for default; on the contrary the uniform judicial interpretation is that it prohibits such dismissal. Here we get a judgment in the absence o..Category: Property Law | Date: 11 Apr, 1975 | Hits: 4
Md. Nur Hossain Vs. Bangladesh and another, 1975, 4 CLC (HCD)
.... injustice. It should however be noticed that if the view of Subba Rao J. is taken to be the correct enunciation of the Law of resjudicata then we shall have to bid goodbye to all those distinguished judicial views which have consistently held sway in this sub-continent for about a century. 21...Category: Civil Law | Date: 31 Jan, 1975 | Hits: 2
Category: Banking Law, Contract Law | Date: 9 Jan, 1975 | Hits: 3
Abdul Majid Bepari Vs. Kashem Ali Maloo, 1974, 3 CLC (HCD)
....on" and not void ab initio like legislation which suffers from the incident of an inherent lack of power.” 20. The learned Chief Justice appears to have been greatly influenced by the judicial views of certain foreign jurisdictions as to invalidity of a State Law coming in conflict w..Category: Civil Law, Constitutional Law | Date: 22 Jan, 1974 | Hits: 8
Mir Alauddin Ahmed Vs. Province of E. P. (Bangladesh) & others, 1973, 2 CLC (HCD)
....es under the East Pakistan Government Servants (Efficiency and Discipline) Rules, 1960. It is argued that disciplinary proceedings are to be followed according to the law and since the order are judicial orders, the orders must be based on reasonings. Case Referred to- Bachhittar Sing..Category: Administrative Law, Employment/Service Law | Date: 13 Jul, 1973 | Hits: 1
Rajendra Shirali and others Vs. Mahadev Shirali, 1973, 2 CLC (HCD)
....to the party. Although the inherent power of a court to do justice as will appear from the language used in section 151 of the Code, does not contemplate any restriction on its exercise but judicial authorities have laid down certain norms and conditions under which the said powers should ..Category: Contract Law | Date: 11 Jul, 1973 | Hits: 1
Seru Mia Vs. Fajilatennessa and others, 1973, 2 CLC (HCD)
.... is dismissed with cost. The judgment and decree passed by the lower appellate court are hereby affirmed. Ed. This Case is also Reported in: 31 DLR (HCD) (1979)159 ..Category: Property Law | Date: 8 Jan, 1973 | Hits: 2