Sections 3(39) and 3(28)
|
Article 102(5) read with Article 152 of the Constitution
and
Sections 3(39) and 3(28) of the General Clauses Act, 1847 and
Registration of Private Schools Ordinance, 1962:
The respondent Nos. 5 and 6 are neither a ‘statutory body’ nor a
‘local authority’ within the meaning of ‘person’ as defined in
Article 102(5) read with Article 152 of the Constitution and Sections 3(39)
and 3(28) of the General Clauses Act, 1847 but are merely governed by the
Ordinance of 1962 as well as the Rules so have been framed thereunder for
proper maintenance, administration and supervision of the respective
educational institution. .....Tanvir Quader & anr Vs. Bangladesh & ors,
(Spl. Original), 19 SCOB [2024] HCD 27
Writ of mandamus can be issued only when there exists a legal right and a
corresponding legal duty on the part of the executive. .....Tanvir Quader &
anr Vs. Bangladesh & ors, (Spl. Original), 19 SCOB [2024] HCD 27
....View Full Judgment
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Tanvir Quader & anr Vs. Bangladesh & ors |
19 SCOB [2024] HCD 27 |
Section 16
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Foreign Exchange Regulation Act, 1947
Section 3: and
General Clauses Act
Section 16:
According to Section 16 of the General Clauses Act, where, by any Act of
Parliament or Regulation, a power to make any appointment is conferred,
then, unless a different intention appears, the authority having for the
time being power to make the appointment shall also have power to suspend
or dismiss any person appointed whether by itself or any other authority in
exercise of that power. As the suspension of licence is not there in
Section 3 of the Act of 1947, in our opinion, the provisions of Section 16
of the General Clauses Act can definitely be invoked in order to give a
complete and harmonious interpretation of Section 3 of the Act of 1947.
What we are driving at boils down to this: the authority making any
appointment has the power to suspend the licence of any person appointed.
...First Money Changers Ltd Vs. Bangladesh Bank & others, (Civil), 2 SCOB
[2015] HCD 95
....View Full Judgment
|
First Money Changers Ltd Vs. Bangladesh Bank & others |
2 SCOB [2015] HCD 95 |