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Abdul Jabbar Khan @ Jabbar Khan & ors Vs. State and another, 1980, 9 CLC (AD)
....dence made out a prima facie case. It was held that the Magistrate was within his jurisdiction to take cognizance against the persons not named in the complaint petition and he takes cognizance under clause (a) and not clause (c) of section 190 Cr, P. C. in the case of Chant Chandra Das Vs. Negendra..Category: Criminal Law | Date: | Hits: 60
Bangladesh Vs. Hail Abdul Gani Biswas and others, 1980, 9 CLC (AD)
....tion of an out and out sale with an agreement to recovery has led to numerous litigations and on 4-11-72 President's Order No. 136 of 1972 was enacted and section 95A was amended by insertion of the clause :— "either by way of an out and out sale with an agreement to reconvey." Then..Category: Property Law | Date: | Hits: 85
Nasiruddin Vs. Government of the People's Republic of Bangladesh & ors, 1980, 9 CLC (AD)
....e acting within its jurisdiction stands but when an act is manifestly wrong and without jurisdiction that act cannot be protected on the basis of the expression 'purported exercise' in the validating clause of Fifth Amendment of the Constitution. Martial Law Regulation VII of 1977 cannot be plead..Category: Constitutional Law | Date: | Hits: 157
Abu Taleb Mridha Vs. State, 1980, 9 CLC (AD)
....(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 offence committed in the commission of such offences..Category: Criminal Law | Date: | Hits: 57
Abdur Rashid Vs. Secretary, Ministry of Cabinet Affairs, Establishment Div & ors, 1980, 9 CLC (AD)
....ted March 16 1979 in Writ Petition No. 15 of 1978. 2. The appellant by filing an application under Article 102 of the Constitution called in question the order dated December 24, 1976 passed under clause (2) of Article 6 of the President's Order No. 67 of 1972 terminating his service alleging int..Category: Employment/Service Law | Date: | Hits: 70
Commissioner of Income Tax, (Now Com. of Taxes), Ctg. Vs. Saifuddin A Siddiqui, 1980, 9 CLC (AD)
....poses was totally exempt from tax. But the objection was rejected on the ground that the exemption under section 4(3) (i) was not applicable to this case in view of second 'proviso' to this exemption clause which provides that nothing in this clause shall apply to an income, profit or gain which is ..Category: Fiscal/Taxation Law | Date: | Hits: 85
Manager, Kushtia Sugar Mills Vs. Chairman, Khulna Labour Court and another, 1980, 9 CLC (AD)
....orkman or worker is one, 'who is employed in an establishment of industry' and he cannot, therefore, be regarded as workman if he ceases to be in employment unless, as the said definition clause clearly makes an exception, such cessation has been in connection with or as consequence of..Category: Employment/Service Law | Date: | Hits: 68
Director of Taxation & Excise, Govt of East Pak. (now BD) Vs. Mehdi Ali Khan Panni, 1980, 9 CLC (AD)
....haritable purposes, makes the waqf wholly religious and charitable purposes…………………..(45) Waqf-al-al-awlad is entitled to the benefit of tax exemption as provided in the first part of clause (b) of section 4. Cases Referred to- Khurram Khan Panni vs. Commissioner of Agricultura..Category: Trust/Waqf Law | Date: | Hits: 239
State, People's Republic of Bangladesh and others Vs. Haji Joynal Abedin, 1980, 9 CLC (AD)
.... 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 Regulation No. 3 of Martial Law Regulation No. 1 of 1975, nor any order passed under c..Category: Criminal Law | Date: | Hits: 294
M.V. Aghia Thalassini and others Vs. Abu Bakr Siddique and others, 1980, 9 CLC (AD)
....uit was filed. Appellants filed an application under section 34 of the Arbitration Act for stay of the proceedings pending arbitration contending that the charter party was bound by the arbitration clause and that the claims lodged by the Respondent No. 1 are related to and covered by the provis..Category: Business or Commercial Law | Date: | Hits: 89
Dr. Mozammel Huq Chowdhury Vs. Chief Martial Law Administrator and others, 1980, 9 CLC (AD)
....he Government's sanction to prosecute him as required under Section 197 of the Code of Criminal Procedure, no cognisance could be taken by the Magistrate and it was not a case within the meaning of clause (2) of Regulation 3 of the Martial Law Regulations No. 1 of 1975. The aforesaid Regulation as..Category: Criminal Law | Date: | Hits: 58
Bangladesh Vs. Abdur Rashid and others, 1980, 9 CLC (AD)
.... mode of acquisition under the Act. 5. If we look at the provision for assessment of compensation in this section, we find that it has been provided under sub-section (5) which consists of three clauses. Clause (a) enacts for payment of compensation on agreement and clause (c) as to the right..Category: Others | Date: | Hits: 86
A. Z. Rafique Ahmed Vs. BD Council of Scientific and Industrial Research & ors, 1980, 9 CLC (AD)
....hey are not inconsistent with any of the provisions of this Resolution, continue in force until repealed or altered by rules on regulations made under their Resolution." From the different clauses of the said resolution of the year 1973 it appears that the Council was established on acc..Category: Employment/Service Law | Date: | Hits: 130
Abdul Mannan Vs. Bangladesh and another, 1980, 9 CLC (AD)
....r provident fund which are admissible to the officer from the date of retirement. 6. Under the Rules the suspension of a Government servant is consequent upon the proposed action to be taken under clause (b) or clause (c) of rule 3 of Rule 11. It is not disputed that the appellant was suspended a..Category: Employment/Service Law | Date: | Hits: 72
Ahmed Hossain & ors Vs. Basharat Ali and ors, 1980, 9 CLC (AD)
....tiguity; (iv) to what extent it is necessary for the applicant to have possession of the contiguous land; and (v) the right of easement, if any, of the applicants." From a reading of clause (b) of sub-section (5) it appears that the words ‘contiguous' and ‘contiguity' have bee..Category: Property Law | Date: | Hits: 66
M. A. Hai Vs. Trading Corporation of Bangladesh, Dacca, 1977, 6 CLC (AD)
....ining an application under Article 102 of the Constitution challenging legality of the order of dismissal, the aggrieved person must show that the employer is an 'authority’ as contemplated under clause (i) of Article 102 of the Constitution. If the employer is an 'authority', any order passed i..Category: Employment/Service Law | Date: | Hits: 72
Syed Masud Ali and others Vs. Md. Asmatullah & others, 1980, 9 CLC (AD)
....ealed the earlier Bengal Waqf Act of 1934. The Ordinance has been divided into 12 Chapters and consists of 105 sections. Chapter I deals with title, extent and commencement of enactment, definition clause and other preliminaries, Chapter II relates to appointment of the Administrator of Waqf, Offi..Category: Trust/Waqf Law | Date: | Hits: 196
Siraj Miah Vs. Bangladesh and another, 1980, 9 CLC (AD)
....sional Magistrate cannot take cognizance of an offence under the Special Powers Act, such cognizance by him is merely an irregularity and not an illegality. In support, he relied on the provisions of clause (e) of Section 529 Cr.P.C. which provides as follows: "529. if any Magistrate not empo..Category: Criminal Law | Date: | Hits: 60
Bangladesh Vs. Shahjahan Siraj @ Sirajul Islam, 1980, 9 CLC (AD)
....e amending Ordinance No. 40 of 1977 promulgated on August, 23, 1977. By this amendment paragraphs 2 and 5 of the schedule to the Act were altogether omitted from the schedule to the Act. In addition, clause (b) of sec. 32 of the Act was also amended by the aforesaid amendment. Paragraph 2 of schedul..Category: Criminal Law | Date: | Hits: 66
Coal Controller, Government of Bangladesh Vs. Ventura Industries Ltd., 1993, 22 CLC (AD)
....cific size and quality by a contract dated 18.5.89 dispute arose between the respondent and the petitioner but in spite of repeated requests and a formal notice to appoint an Arbitrator in terms of clause 33 of the Contract the petitioner failed to do so and so the application to the court. Over ..Category: Others | Date: | Hits: 90