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Bangladesh Vs. Md. Matiur Rahman, 1982, 11 CLC (AD)
....ourt Division is set aside and the Writ Petition is dismissed with the modification that; the punishment is altered to compulsory retirement. No order as to costs. Ed. ...... of taking up the works he wrote to the Superintending Engineer to forward a copy of administrative approval of the proposed construction. Exception was taken for such step and a departmental proceeding was drawn up as to why he should not be dismissed from service or otherwise suitab..Category: Employment/Service Law | Date: | Hits: 87
Commissioner of Income Tax Vs. Chowdhury Ramzan Ali and another, 1982, 11 CLC (AD)
....ed without any order as to costs. The orders of the Court below are set aside, the proceedings of claims of the appellant before the Company Judge will proceed according to law. Ed. ......he Income Tax Act which runs, thus: "67. No suit shall' be brought in any Civil Court to set aside or modify any assessment made under this Act, and no prosecution, suit or other proceeding shall lie against any officer of the government for anything in good faith done or inte..Category: Fiscal/Taxation Law | Date: | Hits: 85
....persona! hearing has, in any way, prejudiced the respondent.
For the reasons stated above, the appeal is allowed but without any order as to costs.
Ed.
This Case is also Reported in:
......e University godown but were stored in the private godown of a Contractor. His grievances were that the order of suspension was passed against him in disregard of the requirement of drawing up formal proceeding against him, that the investigation committee was illegally constituted, and that he was ..
Category: Employment/Service Law | Date: | Hits: 109
Khondker Moshtaque Ahmed Vs. Bangladesh, 1982, 11 CLC (AD)
....w Court and the order of Government on review are set aside, The orders of conviction passed on the appellant ate hereby quashed. Ed. This Case is also Reported in: 34 DLR (AD) (1982) 222. ......member to be appointed by the Government from among persons who are or have been Judges of the Supreme Court of or any High Court that functioned at any time in the territory of Bangladesh. (3) All proceedings of Special Martial Law Courts shall be submitted to the Government for review, and all..Category: Criminal Law | Date: | Hits: 287
Lebu Mia Vs. Ganesh Chandra Nath and others, 1982, 11 CLC (AD)
....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.......he pre-emption was allowed and on appeal which was heard by the lower appellate Court, it was allowed on the ground that the petition for pre-emption was filed on 22nd April, 1974 and the pre-emption proceeding was allowed on 31st May, 1975, and the document, in question, was registered on 21st June..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. ......, Prize Court, High Court Division. 2. On April 28 1979 the appellant filed an application before the prize Court, for 9 direction for allocating and transfer of the Prize Fund of the proceedings in Prize Suit Nos.1-5 of J965, 6-7 of 1965 and 17-30 of 1965 to the Public Account of t..Category: Others | Date: | Hits: 116
Abdul Hamid Vs. Abdul Jabbar , 1982, 11 CLC (AD)
....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. ......principle of restitution as provided in section 144 should not be applicable in the case of reversal of an erroneous order by which a person had been deprived possession of his property, in a civil proceeding which ends with an order having the force of a decree. 5. In English law as to re..Category: Civil Law | Date: | Hits: 82
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 compulsorily retired. Ed. This Case is also Reported in: 34 DLR (AD) 173. ......t was found that the authorities are constituted by the Legislature and they are empowered to deal with the disputes brought before them by aggrieved persons. The scheme of the Act, the nature of the proceeding brought before the appellate and the revisional authorities, the extent of the claim invo..Category: Constitutional Law | Date: | Hits: 188
General Manager Jamuna Oil Company Ltd. Vs. Golap Rahman & another, 1982, 11 CLC (AD)
....dinance shows that the Court itself either cannot compel the attendance of such member or extract his advice. For the reasons stated above, the appeal is dismissed with costs. Ed. ......on of worker under the Employment of Labour (Standing Orders) Act, 1965 as a Tanker is not an Industrial Establishment under the said Act; 2. Non-consultation of a member had vitiated proceeding; 3. Ext. A (1) of the evidence has excluded the respondent from the category ..Category: Labour and Industrial Law | Date: | Hits: 97
Haripada Biswas Vs. State & another, 1982, 11 CLC (AD)
.... the decision of the High Court Division Is set aside and the proceedings in Criminal Miscellaneous Case No. 687 of 1978 of the Court of Sessions Judge, Bakerganj are hereby quashed. Ed. ......; Badrul Haider Chowdhury J.—This appeal by special leave arises out of a judgment and order passed by the High Court Division in Criminal Revision No. 539 of 1978 refusing quashment of the proceedings in Criminal Miscellaneous Case No. 687 of 1978 of the Court of the Sessions Judge, Bake..Category: Criminal Law | Date: | Hits: 61
Jamil Huq and 11 others Vs. Bangladesh and others, 1981, 10 CLC (AD)
....lication under Article 104 of the Constitution is rejected. The verbal prayer for stay of the execution of the sentences made by Mr. MH Khandker is refused. Ed. This Case is also Reported in: ......consistent with the Constitution of fundamental rights ultra vires. The Supreme judiciary has also been conferred with the power of judicial review of executive acts and other judicial acts aid proceedings of subordinate Courts or tribunal under Article 102. 6. After briefly ascertaining t..Category: Constitutional Law | Date: | Hits: 327
Al-Sayar Navigation Co. Vs. Delta International Traders Ltd. and ors., 1982, 11 CLC (AD)
....plaintiff is assessed at Tk. 7,36,040/- and the decree is passed accordingly. Civil Appeal No. 38 of 1981 is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: ......rties cannot by agreement confer lien status on a claim which is not by nature a lien. An action in rem is brought against the vessel whereas action in personam is against the owner. The lien and the proceeding in rem are co-relative; where one exists the other can be taken and not otherwise. In the..Category: Admiralty Law or Maritime Law | Date: | Hits: 264
Ranabir Purkayastha @ Bhanu Vs. Alekjan Bibi and ors., 1982, 11 CLC (AD)
....urt of Subordinate Judge, Second Court, Sylhet by the trial Court. The appeal is disposed of in the aforesaid terms. Ed. This Case is also Reported in: 1982 BLD (AD) 25. ......; Kemaluddin Hossain CJ.- Leave was granted at the instance of Second Party-appellant to consider whether the Magistrate was well founded in law in drawing up the proceedings under section 145 of the Code of Criminal Procedure, when a civil suit is pending ..Category: Criminal Law | Date: | Hits: 39
Commissioner of Income Tax Vs. Mrs. Masuda Khatun, 1982, 11 CLC (AD)
....e the exemption illusory. Accordingly, the answer to the question framed must be in the affirmative. The appeals are, therefore, dismissed without any order as to costs. Ed. ...... 6. "Assessee” is defined in section 2(2) which means a person by whom 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 ..Category: Fiscal/Taxation Law | Date: | Hits: 75
Nurjahan Begum, wife of Mahmudur Rahman Vs. Mahmudur Rahman Mullick , 1982, 11 CLC (AD)
....not be sustained. In the result the appeal is allowed, judgment and decree of the trial Court and those of the High Court Division are set aside and the suit is dismissed with costs. Ed. ......e also alleged that the plaintiff started ill-treating her and attempted to assault her and this led her to take recourse to Criminal Court under section 107 of the Code of Criminal Procedure, and proceedings was drawn up against the plaintiff. Then their relationship further deteriorated. The d..Category: Property Law | Date: | Hits: 448
Habibur Rahman Vs. The State, 1982, 11 CLC (AD)
....d, and further proceedings of the case was started on the following day. Further proceedings of both the cases were stayed by the High Court Division on the applications filed by the appellant for quashing the proceeding. The High Court Division dismissed both the applications on taking the view......s competent to pass the order vacating the previous order allowing withdrawal of the case and tending the case records to the Chief Martial Law Administrator for action. 2. Two criminal proceedings were initiated against the appellant along with others who had been change sheeted in o..Category: Criminal Law | Date: | Hits: 46
Chairman, D. I. T and another Vs. Chairman, 2nd Labour Court and another, 1981, 10 CLC (AD)
....gh Court Division and the Labour Court are set aside, and the petition before the Labour Court dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) 37. ......ement Trust (DIT), He was tried by Special Magistrate on a criminal charge but was acquitted on the ground that' the case was triable by the ordinary criminal Court. Thereafter the departmental proceeding was initiated against him which is still pending. He, however, filed an application und..Category: Labour and Industrial Law | Date: | Hits: 108
Assessing Officer, Narayangonj Range and others Vs. Burmah Eastern Ltd., 1981, 10 CLC (AD)
....at the High Court Division 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:......the respondent. 6. It was also contended that the appellant rightly reassessed and levied tax under rule 10 of the said Rules, which empower the appellant to do so and that the assessment proceeding for the years 1957-58 to 1962-63 were reopened under rule 10(a) of the Urban Immovable Pr..Category: Fiscal/Taxation Law | Date: | Hits: 76
Sonali Bank Vs. Abdul Mannan and others, 1981, 10 CLC (AD)
....ecame a debtor. The High Court Division has rightly issued the writ. In the result, therefore, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: ......t abate, be discontinued or be in anyway prejudicially affected by reason of the transfer of the undertaking of the existing bank or of anything contained, in this Order but the suit, appeal or other proceeding may be-continued, prosecuted and enforced by or against the corresponding new bank." ..Category: Banking Law | Date: | Hits: 129
James Finlay and Co. Ltd. Vs. Chairman, Second Labour Court, Dacca and another, 1981, 10 CLC (AD)
....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. ......ed, according to him, to victimisation by the company. During the pendency of his case before the Labour Court in which he raised an industrial dispute, the company initiated two separate proceedings against him on some baseless charges, it is alleged. In the first proceeding, the alle..Category: Labour and Industrial Law | Date: | Hits: 91
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