Search Options
Judgment Advanced Search
Displaying 2581-2600 of 2921 results.
Bangladesh Freedom Fighters Welfare Trust Vs. Burhanuddin Chowdhury, 1981, 10 CLC (AD)
....r article 5 for management does not do away with the corporate existence of the concern prior to P.O. 16 had such existence, as is clear from article 8 (1). Reference in this connection may also be made to article 18 in this regard. 8. The appellant in relation to the respondent......vision passed in Writ Petition No. 578 of 1977. 2. The respondent was a Security Officer in the Tabani Beverage Co. Ltd which under Article 5 of President's Order No, 16 of 1972, hereinafter called P.O. 16, was placed under the appellant Bangladesh Freedom Fighters Welfare Trust statutory ......pellant, a statutory body, is amenable to be impugned in the writ Jurisdiction of the High Court Division. The appeal, therefore, is dismissed without any orders as to costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 112
A.S.A. Nur Vs. Registrar of Joint Stock Companies, Dacca, 1981, 10 CLC (AD)
....epublic of Bangladesh under the Bangladesh Abandoned Properties (Control, Management and Disposal) Order, 1972 (P.O. No. 16 of 1972). (c) The Bangladesh Oil and Gas-Corporation also known as "Petro-Bangla" in exercise of the powers vested in it by section 8 2) of Pet......ing the annual general meeting, and under the latter provision the court, of its own motion or on the application of any director or member having a vote, may order a general meeting to be called. It is impracticable to call a meeting in the manner prescribed by the article or the Act. ......ge and the Division Bench are set aside. The case is remitted back to the Company Judge for disposal of the matter in accordance with law. There will be no order as to costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 107
Sreemati Charubala Sen Gupta Vs. Abul Hashem and others, 1981, 10 CLC (AD)
....te. It is not the concern of the probate court to decide whether the testator had title to the property or whether he had any authority to otherwise deal with the property…………..(6) A person who claims outside or independently of the Will or claims adversely to the testator and disputes......on of Order 1, rule 10. Civil Procedure Code is applicable to a probate proceeding. The main question, therefore, is whether the respondents got any interest in the estate of the testator so as to be called upon to come and see toe proceeding before the grant of probate as provided under section 283......udge are set aside and the application for addition of party to the probate proceeding is dismissed without, however, any order as to costs. Ed. This Case is also Reported in: 33 DLR (AD) 254. ..Category: Property Law | Date: | Hits: 80
Dr. Nurul Islam Vs. Bangladesh, 1980, 9 CLC (AD)
....nion of India AIR 1958 S.C, 361 Moti Ram vs. NE Frontier Railway AIR 1964 S.C. 600; Tara Singh vs. State of Rajasthan AIR 1975 S.C. 1487: Shearar vs. Shield 1914 A-C. 80S; Sev Charan vs. State of Mysore AIR 1965 S.C. 280; Bisnunrayan vs. State of Uttar Pradesh AIR 1965 S.C. 1967. Lawyers Invol...... the law relating to the retirement of public servants and to provide formatters connected therewith; It is hereby enacted as follows: 1. Short title and commencement.—(1) This Act may be called the Public Servants (Retirement) Act, 1974. (2) It shall come into force at once and sh...... answer to the appellants' claim is one of the fundamental matters confounding the Minister's attitude, bona fide though it be. First, the adjective nowhere appears in s. 19, it is an unauthorised gloss by the Minister. Secondly, even if the section did contain that adjective, I doubt if it woul..Category: Employment/Service Law | Date: | Hits: 180
Musharraf Hossain Chy Vs. GM, Titas Gas Transmission & Dist. Co. Ltd. & ors., 1981, 10 CLC (AD)
....status of enterprise, it was claimed that it became a public enterprise within the meaning of the terms as provided in the Comptroller and Auditor General (Additional Functions) Amendment Act, 1975 so that its accounts are now audited by the Comptroller and Auditor-General of Bangladesh. It gets a...... of a Bench of the High Court Division passed in Writ Petition No. 471 of 1979 on July 9, 1979. 2. The appellant who was an officer of the Bangladesh Minerals, Oil and Gas Corporation (hereinafter called the Corporation) was posted in the Titas Gas Transmission and Distribution Company Ltd. (here......persons nominated by the Corporation which holds 70% of its shares and the Burma Oil Co. Ld., which is the owner of the remaining 30% shares. The Company has to render an account of its profits and losses to the shareholders and the contract including the service contract of the employees of the..Category: Employment/Service Law | Date: | Hits: 104
Bangladesh Steamer Agents Association Vs. Bangladesh & others, 1981, 10 CLC (AD)
.... Appellate Division (Civil) Present: Kemaluddin Hossain CJ Fazle Munim J K.M.Subhan J Badrul Haider Chowdhury J Bangladesh Steamer Agents Association...............Appellant Vs. Bangladesh & ors .................................ested in trade and was registered as an Association under section 26 of the Companies Act read with Section 3 of the Trade Organization Ordinance, 1961 (Ordinance No. XLV of 1961) hereinafter called the Ordinance as a nonprofit making concern having the main object of doing the busines...... any lawful authority. Ed. ..Category: Others | Date: | Hits: 110
Khandaker Ehtehshamuddin Ahmed @ Iqbal Vs. Bangladesh and others, 1980, 9 CLC (AD)
....gladesh, 30 DLR (SC) 207, Asma Jilani vs. Government of Punjab, PLD 1972 (SC) 139, State vs. Zia-ur-Rahman, PLD 1973 (SC) 49, Federation of Pakistan vs. Saeed Ahmed, PLD 1974 (SC) 151, State vs. Dosso (1959) 11 DLR (SC) 1; PLD 1958 (SC) 533, Nusrat Bhutto vs. Chief of Army Staff and Federation of ......ported to have been derived from such Proclamation, Martial Law Regulations, Martial Law Orders. (3) Whether the decision of the reviewing authority, namely, the Government of Bangladesh can be called in question under Article 102 of the Constitution despite the Proclamation of 6.4.79”. ......at the order passed by this Division staying execution of the sentence to continue for further ten days from the date of this order. Ed. This Case is also Reported in: 33 DLR (AD) (1981) 154. ..Category: Constitutional Law | Date: | Hits: 292
Bangladesh and others Vs. Md. Abdur Rab, 1979, 8 CLC (AD)
....ening) Ordinance, 1972 (the President's Order No. 67 of 1972). Charges against him were as follows:— 1) That the respondent had abused his power of office by utilising the police force for some personal purpose and with its help assaulted the members of the family of Abdur Rashid and Ja......ord 'person’ in clause (5) of Article 102, gives an inclusive definition first and then it excludes something from the inclusive meaning. It, therefore, envisages within its definition all entities called ‘Person’ in law and includes something more as given in clause (5). But then this clause...... the appeal is allowed without any order as to costs. The order of the High Court Division is set aside and the writ re-called. Ed. This Case is also Reported in: 33 DLR (AD) (19781) 143. ..Category: Employment/Service Law | Date: | Hits: 102
Shamuj Ali and other Vs. Kamalarma Bibi and others, 1980, 9 CLC (AD)
....gh Court Division dated July 24, 1979 passed in S.M.A. No. 45 of 197). Judgment Shahabuddin Ahmed J. - This appeal by special leave call in question a judgment and order of the High Court Divison dated July 24, 1979 in S.M.A. No. 45 of 1970 reversing the judgment and order of the Subordinate......or reversing the judgment or order should provide for this and if it does, execution may issue upon it in the ordinary course. If the order does not so provide, another order may be made, or a writ called a writ of restitution be issued, commanding the Judgment creditor to restore the property o......the appellate court if appeal is preferred from the decree of reversal of the first appellate court. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: ..Category: Procedural Law | Date: | Hits: 111
Ful Chand Das and others Vs. Mohammad Hammad and others, 1982, 11 CLC (AD)
....ment: Fazle Munim J.—I have gone through the judgment of Shahabuddin, J. and also those of Ruhul Islam, J. and Badrul Haider Chowdhury, J. who have concluded differently In view...... Section 6 of Ordinance I of 1964 as modified by Ordinance VI of 1964 provided that save as provided in the Ordinance no action taken, no decision made and no order passed in the Ordinance shall be called in question by any suit or proceeding in any court or tribunal. It further provides that no ......ent of the High Court Division is maintained. Consequently, this appeal stands dismissed without any order as to costs. Ed. This Case is also Reported in: 3 BLD (AD) 1983, 68. ..Category: Property Law | Date: | Hits: 75
Sultan Ahmed, Advocate and others Vs. Haji Sultan Ahmed and others, 1982, 11 CLC (AD)
.... section 107 of the Code. The order is quoted below: "I am satisfied that there is apprehension of breach of peace in the schedule lands, and as the breach of peace is immediate some preventive action is necessary. I, therefore, being satisfied pass this o......on (1) of section 107, according to the procedure provided in section 112 is mandatory and compliance with this provision cannot be avoided even in the case of emergency where immediate measure is called for to prevent any breach of the peace. To prevent any imminent breach of the peace the Magi......gh Court Division dated 5 June 1981, order of the Additional Sessions Judge dated 30th November 1979 and the order dated 16 October 1978 of the learned Magistrate are set aside. Ed. ..Category: Criminal Law | Date: | Hits: 51
M/s. Everett Orient Lines Inc. Vs. Commissioner of Income Tax Ctg Zone, Ctg, 1982, 11 CLC (AD)
....t;The Income Tax Officer was not legally justified to disallow the claim of additional depreciation. The benefit of additional depreciation, for the three ships mentioned above will also be given to the appellant in computing the income of the appellant in the year under appeal. Th......ation and such allowance available to both residents and non-residents on the basis of user. The second portion provides for allowance of a further sum of depreciation which is popularly called as initial depreciation' and the rates are prescribed in the statute itself. The claim ......esult, therefore, both the appeals are allowed. The judgement of the High Court Division is set aside and the orders of the Tribunal are restored. There will be no order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 114
Mofizur Rahman Khan Vs. Government of Bangladesh, 1982, 11 CLC (AD)
....76 S.C. 2250; Tofazzal Hussain V. Prov. of E. Pakistan (1963) 15 DLR (SC) 139; Sudashid Prakush V State of Oiissa AIR 1956 S.C. 432; M/s West Ramnand V. Madras E.D. Co. AIR 1 52 (SC) 1753; State of Mysore V. Acholah Chetty, AIR 1969 (SC) 477; Indira Gandhi V. Rajnarain AIR 1975 (SC) 2299; Hori Singh......, which attempts to validate the action taken under the earlier repugnant section. 2. Decision has already been given. Now while agreeing with the conclusion, some general observations of mine is called for, It Is first to be observed that Bangladesh Parliament by virtue of Article 65 has plen...... disposed of in these terms, without any cost. In the result, Civil Appeal Nos. 73 and 124 of 1981 are dismissed. No order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) 321. ..Category: Constitutional Law | Date: | Hits: 188
Abdul Halim Mollah @ Monohar Mollah & anr Vs. Member, App Tribunal Dacca & ors., 1982, 11 CLC (AD)
....ed by the Appellate Tribunal on setting aside the order of acquittal passed by the Special Tribunal in Special Powers Act Case No. 22 of 1977, and sentencing the appellants to suffer rigorous imprisonment for 5 (five) years and also to pay a fine of Tk, 500/= each in default to suffer rigorous i......order of acquittal; (b) If so, whether the sentence passed by the Appellate Tribunal is a legal sentence under sections 395/397 of the Penal Code. 5. In this appeal we are called upon to consider only the first point because in the absence of any sentence passed under s......nion is that such appeal cannot be entertained. I would, therefore, allow the appeal. Order of the Court By the majority judgment the appeal is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 40
Bangladesh Vs. Md. Matiur Rahman, 1982, 11 CLC (AD)
....the High Court Division in Writ Petition No. 572 of 1980). Judgment: K. Hossain CJ.—I agree with the reasonings and the conclusion of my learned brother Shahabuddin Ahmed, J. ...... been suggested that it should be reduced to compulsory retirement. Once judicial mind has oscillated on the question of punishment and the harshness has become apparent, the only decision that is called for is to say whether the punishment is contrary to the recommendation of Public S......lay in execution and completion of electrical works to the satisfaction of all concerned. I faithfully followed the instruction of the superior authority at any stage. No financial loss of the Government involved either. So the question of misconduct within the meani..Category: Employment/Service Law | Date: | Hits: 87
Commissioner of Income Tax Vs. Chowdhury Ramzan Ali and another, 1982, 11 CLC (AD)
....ment year 1962-63 from the fund of the Company in liquidation. The Company Judge rejected the application on the ground that the price offered by the Government was not for sale but for the .compulsory acquisition of machinery, plants, etc. of the Company and the Company had ceased to ......t the jurisdiction of the Civil Court is barred, overruled the decision of Court in Sargoda Trading Company’s case (A.I.R. 1943 (Lah), 228) and held that the Income Tax Authorities cannot be called upon to prove their claim in a liquidation case otherwise than by the production of the asse......income tax or any other sum of money is payable under this Act and includes every person in respect of whom any proceeding under this Act has been taken for the assessment of his income or of the loss sustained by him or of the amount of refund due to him and every person who is required to fi..Category: Fiscal/Taxation Law | Date: | Hits: 85
.... was served with an order of suspension. Further he was informed by the same order that an investigation committee consisting of three University teachers had been constituted for ascertaining the reason why 300 bags of cement were not stored in the University godown but were stored in the private g......ative.
5. Section 33 of the Ordinance provides as follows:
“No order made under this Ordinance or under any Statute, University Ordinance, or Regulation made thereunder, shall be called in question in any Court and no suit, or prosecution or other legal proceeding shall lie aga......appellant. They claimed that the plaintiff’s respondent was guilty of misconduct and the unauthorised storing of the aforesaid quantity of cement outside the University godown resulted in financial loss to the University. Further the inquiry was held lawfully and every reasonable opportunity was..
Category: Employment/Service Law | Date: | Hits: 109
Abu Bakkar Vs. Nazir Ahmed, 1982, 11 CLC (AD)
....ut sale with a condition for reconveyance on repayment of the consideration within a period of 5 years, bat no repayment having bean made within the stipulated period the transaction of sale become absolute and as such the plaintiff was not entitled to any decree for redemption or reconveyance. The ......e lower appellate court which was based on due consideration of evidence, facts and circumstances of the case. The Interference with the finding arrived at by the lower appellate court wag not at all called for and as such we accept the transaction to be a usufructuary mortgage. 5. But on perusal......sion are set aside and those of the lower appellate court are restored. The respondent shall pay costs of the appeal to the appellant. Ed. This Case is also Reported in: 34 DLR (AD)(1982) 237. ..Category: Property Law | Date: | Hits: 58
Khondker Moshtaque Ahmed Vs. Bangladesh, 1982, 11 CLC (AD)
....section 342 of the Code of Criminal Procedure in written statement. The Special Martial Law Court convicted him in both the cases and in Case No. 1 of 1977 sentenced him to five years rigorous imprisonment and to pay fine of Tk. 1,00,000/- in default to suffer rigorous imprisonment for another one......l Law Administrator. (6) Subject to review, all orders, judgments and sentences of a Martial Law Court shall be final. (7) No order judgment, sentence or proceedings of a Martial Law Court shall be called in question in any manner whatsoever in, by or before any Court, including the High Court an...... his official position as such and/or by corrupt or illegal means obtained the valuable properties and pecuniary advantage for himself or for others to the detriment of the economic and financial loss of the State and thereby committed an offence punishable under Regulation No. 11 of MLR No. 1 o..Category: Criminal Law | Date: | Hits: 287
Abdul Hamid Vs. Abdul Jabbar , 1982, 11 CLC (AD)
....144 of the Code of Civil Procedure, briefly the 'Code', is applicable to an order in a pre-emption case under section 96 of the State Acquisition and Tenancy Act, 1950. 2. Facts of the case, so far necessary for disposal of this appeal, are that the respondent filed an application for pre...... reversing the judgment or order should provide for this; and if it does, execution may issue upon it in the ordinary course. If the order does not so provide, another order may be made, or a writ called a writ of restitution be issued commanding the judgment-creditor to restore the property or ......o this modification the appeal is allowed, the order of the High Court Division is set aside and that of the Subordinate Judge is restored. There will be no order as to costs. Ed. ..Category: Civil Law | Date: | Hits: 82
15681567155615551554155315511550154315421540153815361535153115291525152415231519