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Khondker Moshtaque Ahmed Vs. Bangladesh, 1982, 11 CLC (AD)
....rders as ho deems necessary for the ends of justice: Provided that no order setting aside any order, judgment or sentence or for retrial shall be made by a Zonal Martial Law Administrator without the prior approval of she Chief Martial Law Administrator. (6) Subject to review, all orders, judgÂment......w Court and the order of Government on review are set aside, The orders of convicÂtion passed on the appellant ate hereby quashed. Ed. This Case is also Reported in: 34 DLR (AD) (1982) 222. ......l Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Khondker Moshtaque Ahmed………………………. Appellant (In both the appeals). Vs. Bangladesh through the Secretary, Ministry of Home Affairs……….. Respondent (In both the appeals). Judgment November 17, ..Category: Criminal Law | Date: | Hits: 287
Lebu Mia Vs. Ganesh Chandra Nath and others, 1982, 11 CLC (AD)
............Respondent Judgment March 17, 1982. Result: The Appeal is allowed. The State Acquisition and Tenancy Act, 1950 (Act XXVIII of 1951) Section 96. A case for pre-emption filed prior to completion of registration under section 60 of the Registration Act, such pre-maturity can ......al below and remit the case back to the said Court of appeal below for its disposal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) 220.......al below and remit the case back to the said Court of appeal below for its disposal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) 220...Category: Property Law | Date: | Hits: 65
Bangladesh Vs. Hon'ble Judge, Prize Court, HCD, Supreme Court Building, Dacca, 1982, 11 CLC (AD)
....e learned Attorney-General are found unacceptable, not because it lack reasons but such reason has no support in law. The appeal is dismissed. No order as to costs. Ed. ......e learned Attorney-General are found unacceptable, not because it lack reasons but such reason has no support in law. The appeal is dismissed. No order as to costs. Ed. ......vil) Present : F.K.M.A. Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Bangladesh represented by the Secretary, Ministry of Law and Parliamentary Affairs, Government of Bangladesh…………..Category: Others | Date: | Hits: 116
Bangladesh & others Vs. A. K. M. Zahangir Hossain, 1981, 10 CLC (AD)
.... member of the said 'disciplined force' if he has been illegally dismissed, removed, discharged, reduced in rank or comÂpulsorily retired. Ed. This Case is also Reported in: 34 DLR (AD) 173. ...... member of the said 'disciplined force' if he has been illegally dismissed, removed, discharged, reduced in rank or comÂpulsorily retired. Ed. This Case is also Reported in: 34 DLR (AD) 173. ...... member of the said 'disciplined force' if he has been illegally dismissed, removed, discharged, reduced in rank or comÂpulsorily retired. Ed. This Case is also Reported in: 34 DLR (AD) 173. ..Category: Constitutional Law | Date: | Hits: 188
Commissioner of Taxes, Ctg Zone, Ctg Vs. M/s Free School Street Properties, Ltd, 1982, 11 CLC (AD)
....erty for purpose of assessment to Wealth Tax: Provided further that where the capital value of such property has not been so determined, the Wealth Tax Officer shall not accept with the prior approval of the Inspecting Assistant Commissioner of Wealth Tax, adopt a value higher than a...... the activities of the assessee was business or trading. Therefore, rule 8 (9) is applicable. In the result, therefore, this appeal is dismissed without any order as to cost. Ed. ...... the activities of the assessee was business or trading. Therefore, rule 8 (9) is applicable. In the result, therefore, this appeal is dismissed without any order as to cost. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 78
Bengal Water Ways Ltd. and other Vs. Rahimuddin Ahmed and others, 1982, 11 CLC (AD)
....nd that non co-operation of respondent No. 1 in holding the Board's meeting resulted in a state of deadlock for which appellant No, 2 was responsible as he had proceeded to transfer shares without prior approval of the Board as specifically required under the original Articles of Association, Ex......private limited Company more or less as a partnership. With these words I concur with the judgment delivered by my learned brother Masud, J. and dismiss the appeal with costs. Ed. ......private limited Company more or less as a partnership. With these words I concur with the judgment delivered by my learned brother Masud, J. and dismiss the appeal with costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 110
Mrs. H Mansur & ors Vs. Sec. Min. of Pub. Works & Urban Dev., Pub. Works Div, GoB, 1982, 11 CLC (AD)
....nt's action was authorised by law and whether the writ was maintainable. The learned Judges of the High Court Division found that the cancellation of the lease was malafide and it was assumed that prior to the cancellation re-allotment of the land had been made by the Government. The learned Jud......ed with costs. The order of the High Court Division is set aside, and the impugned order of cancellation of the lease deed declared to have been passed without any lawful authority. Ed. ...... Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Mrs. Husna Mansur and others......................................Appellants Vs. Secretary, Ministry of Public Works and Urban Development, Public Works Division, Govt. of Banglades..Category: Property Law | Date: | Hits: 53
Assessing Officer, Narayangonj Range and others Vs. Burmah Eastern Ltd., 1981, 10 CLC (AD)
....at the High Court DiviÂsion has rightly held that the Writ Petition was maintainable. For the aforesaid reasons this appeal is dismissed but without cost. Ed. This Case is also Reported in:......at the High Court DiviÂsion has rightly held that the Writ Petition was maintainable. For the aforesaid reasons this appeal is dismissed but without cost. Ed. This Case is also Reported in:......at the High Court DiviÂsion has rightly held that the Writ Petition was maintainable. For the aforesaid reasons this appeal is dismissed but without cost. Ed. This Case is also Reported in:..Category: Fiscal/Taxation Law | Date: | Hits: 76
James Finlay and Co. Ltd. Vs. Chairman, Second Labour Court, Dacca and another, 1981, 10 CLC (AD)
....s applications cannot be treated to be under section 25. On reference to section 25 it is seen that clauses (a) and (b) of sub-section (1) of section 25 provide time-limits for doing certain things prior to his filing the application before the Labour Court. Clause (a) also requires that worker ......tion 25 of the Act and Civil Appeal Nos. 46 and 47 of 1978 are "disposed of accordingly and will abide by the decisions of the Labour Court. There will be no order as to costs. Ed. ......tion 25 of the Act and Civil Appeal Nos. 46 and 47 of 1978 are "disposed of accordingly and will abide by the decisions of the Labour Court. There will be no order as to costs. Ed. ..Category: Labour and Industrial Law | Date: | Hits: 91
Alhaj Md. Serajuddowlah Vs. The State, 1991, 20 CLC (AD)
....etitioner summarily. In the result, therefore, this appeal is allowed and the impugned proceeding pending in the Court of the Chief Metropolitan Magistrate, Dhaka is quashed. Ed. ......etitioner summarily. In the result, therefore, this appeal is allowed and the impugned proceeding pending in the Court of the Chief Metropolitan Magistrate, Dhaka is quashed. Ed. ......leque Bain obtained settlement of the disputed property from the Government in 1958, the lease deed was registered in 1959 and he constructed a building on the land and left it out to tenants. The Ministry of Works has been managing the disputed property ever since it became abandoned under the ..Category: Criminal Law | Date: | Hits: 51
ABM Quabil Ahmed Vs. Bangladesh, 1991, 20 CLC (AD)
....nce of the petitioner that impelled him to file this petition. We find no substance in this petition and it is, accordingly, dismissed. Stay granted by this Court earlier is vacated. Ed. ......nce of the petitioner that impelled him to file this petition. We find no substance in this petition and it is, accordingly, dismissed. Stay granted by this Court earlier is vacated. Ed. ...... ATM Afzal J Mustafa Kamal J Latifur Rahman J ABM Quabil Ahmed .........................................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Health and Family Planning, Government of Bangladesh, Bangladesh Secretariat Building, ..Category: Procedural Law | Date: | Hits: 128
Bangladesh Vs. Naziruddin Ahmed, 1973, 2 CLC (AD)
....efficiency against the plaintiff had been referÂred by the Governor to the Screening CommiÂttee not for an enquiry under the Public ConÂduct (Scrutiny) Ordinance, 1959 but for an informal enquiry prior to a contemplated acÂtion under sub-clause (b) of clause (5) of ArÂticle 6 of the Laws (Cont......f the High Court are reversed. The plaintiff's suit is dismissed. In the circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 94. ......f the High Court are reversed. The plaintiff's suit is dismissed. In the circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 94. ..Category: Administrative Law | Date: | Hits: 106
Secretary, EPIDC, Dacca Vs. Md. Serajul Hoque, 1973, 2 CLC (AD)
....services. In the result, we allow the appeals, set aside the judgment and order of the High Court, but make no order as to costs. Ed. This Case is also Reported in: 25 CLC (SC) (1973) 80. ......He is directed to collect his dues together with one month's pay in lieu of notice from the Accounts Department after depositing his liveries and other articles, if any, to the Store and obtaining clearance certifiÂcates from the store-keeper". 5. The order terminating the services of the ......services. In the result, we allow the appeals, set aside the judgment and order of the High Court, but make no order as to costs. Ed. This Case is also Reported in: 25 CLC (SC) (1973) 80. ..Category: Employment/Service Law | Date: | Hits: 96
Sirajul Islam Vs. State, 1973, 2 CLC (AD)
....e dated 30-4-58, but it was admittedly made on the morning of 5-3-59 after the surprise inquiry was held on 4-3-59. Although this declaration was, in fact, made on 5-3-59, it relates to a transaction prior to 30-4-58, that it, before the assumption of charge by the cashier Abdul Aziz. Thus, accordin......ourt and acquit the appellant. M. R. Khan, J.—I agree. Sajjad Ahmed Jan, J.—I agree. Wahiduddin Ahmed J.—I agree. Ed. This Case is also Reported in: 25 CLC (SC) (1973) 73. ...... The appellant Sirajul Islam was appointed Superintendent-cum-Drawing and Disbursing Officer of the Establishment Branch of the DeÂpartment of Manpower and Employment ExÂchange (Labour Division), Ministry of Health and Social Welfare, Government of Pakistan. He took over charge of his office on ..Category: Anti-Corruption Laws | Date: | Hits: 142
Tripura Modern Bank Ltd. Pakis. Zone, Chittagong Vs. Khan Bahadur Khalilur Rahman, 1973, 2 CLC (AD)
.... of his relation. Section 167 of Bengal Municipal Act, 1932, provides:— "The sum due on account of any rate under this Act from any person in respect of any holding shall, subject to the prior payment of the land revenue (if any) due to the Government or of the rent (if any) due to a l......ment and decree of the High Court are set aside and these of the trial Court restoÂred. There will, however, be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 34. ......ment and decree of the High Court are set aside and these of the trial Court restoÂred. There will, however, be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 34. ..Category: Banking Law | Date: | Hits: 230
Nazir Ahmad, Divisional Engineer, Telephones (Gulberg) Lahore Vs. Pakistan, 1973, 2 CLC (AD)
....amiÂnation earlier and having in consequence done their partial training of six months beÂfore the appellant did his, were appointed as Engineering Supervisor in September, 1944, quite a few months prior to the appointment of the appellant to the same position. 4. The department had framed rule......e the impugned order was passed, and that he should be allowed all the benefits consequent thereon. There shall be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 28 ......dur RahÂman CJ MuÂhammad Yaqub Ali J Sajjad Ahmad Jan J Nazir Ahmad, Divisional Engineer, Telephones (Gulberg) Lahore............... Appellant. vs. Pakistan, through the SecÂretary, Ministry of CommuÂnications, Government of Pakistan, Karachi and ors.................................Category: Employment/Service Law | Date: | Hits: 103
Major Syed Walayat Shah Vs. Muzaffar Khan, 1973, 2 CLC (AD)
....ents. 4. The respondents thereupon approached the Deputy Settlement Commissioner for a reÂview of his previous order, and the successor Deputy Settlement Commissioner, without having obtained the prior permission of the Additional Settlement Commissioner as it was then necessary, by his order da......ourt. The appeal is accordingly, dismissed but having regard to the facts and circumstances of the case we make no order as to costs; Ed. This Case is also Reported in: 25 DLR (SC) (1973) 5. ......ourt. The appeal is accordingly, dismissed but having regard to the facts and circumstances of the case we make no order as to costs; Ed. This Case is also Reported in: 25 DLR (SC) (1973) 5. ..Category: Property Law | Date: | Hits: 61
Popular Biscuit Ltd Vs. Biximco Bremer Export Contor Brand, Repprecht Gmbh & ors, 2006, 35 CLC (AD)
....-6 acquiesced to the continuation of the proceeding of the suit before filing of the Bengali version of the plaint and on the other hand the above facts indicate that the respondent Nos. 3-6 had no prior knowledge about the arbitration proceedings commenced before ICC Paris; if an arbitration cl...... Court Division in staying the suit can not be sustained. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 743. ...... Court Division in staying the suit can not be sustained. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 743. ..Category: Business or Commercial Law | Date: | Hits: 94
Santipada Datta & others Vs. Satish Chandra Das and others, 2002, 31 CLC (AD)
.... Adverse possession Uninterrupted adverse and hostile possession of the plaintiff over a period of twelve years, the period prior to alleged declaration of the property as the enemy property, the plaintiff has acquired tit......out any order as to costs and the suit is decreed without any costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 173. ......out any order as to costs and the suit is decreed without any costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 173. ..Category: Property Law | Date: | Hits: 53
Superintendent Eng. (Dist), PDB, Jangalia,Comilla Vs. Madhumita Cinema Ltd. & ors, 2002, 31 CLC (AD)
....ivision has to be admitted on record by the court of appeal below on consideration of the materials on record to decide the issue as to whether the cinema hall is to be charged as service industry prior to 1st August 1987 with liberty to parties to adduce evidence in support of their respective ...... Accordingly, this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 170. ......nstance of the plaintiff arose to consider the grounds raised by the learned Advocate for the appellant that Annexure-A dated 23-2-1988 is a letter from Deputy Chief of Energy and Mineral resources Ministry to General Manager (Commercial), Power Development Board, Dhaka and the same does not refl..Category: Fiscal/Taxation Law | Date: | Hits: 122