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Badal Rani Misra alias Badal Rani Goswami and others Vs. Bangladesh and others, 1975, 4 CLC (AD)
....d. The case of Gordon, Dadds & co. supports the contention of the learned Attorney-General. There is accordingly no merit in this appeal which is dismissed but without any order as to cost. Ed. ......that Act in L. A. Case No. 91 of 1962-63. Harilal Goswami made a representation to Mr. G. A. Madani, the then Chairman of the D.I.T. who, after holding some enquiry, passed an order on 16-2-66 on the body of the sketch man, annexed to the petition, directing that the triangular plot marked 'A' the..Category: Property Law | Date: | Hits: 48
Bangladesh Enemy Property Management Board and ors. Vs. Md. Abdul Majid, 1975, 4 CLC (AD)
....an enemy subject or enemy firm. Rule 182 empowered the Central Government to appoint a Custodian of Enemy Property for Pakistan and one or more Deputy Custodians and Assistant Custodians for such local areas as may be prescribed and to pass an order under clause (b) of sub-rule (1) thereof to ve......view of what have been stated above, the appeal is allowed and the judgment and order passed by the learned Judges of the High Court Division are set aside. There will be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 125
Government of Bangladesh Vs. Ahmed Nazir, 1975, 4 CLC (AD)
....e the Proclamation of Emergency issued on the 28th December, 1974 and the Constitution (Fourth Amendment) Act, 1975 dated the 25th January, 1975 effected changes in the said Constitution. Ed. ...... concept of Habeas Corpus, it is necessary to examine the historical background of that concept. 5. The term "Habeas Corpus" literally means "have his body". Halsbury in Article 40, page 24 of Laws of England, Third Edition, Volume 11 says..Category: Criminal Law | Date: | Hits: 85
Abdul Matin Munshi Vs. Idris Pandiat and ors., 1975, 4 CLC (AD)
....;tion 307/34. The result, therefore, is that both the appeals are dismissed subject to the modification of the Penal Code to that under section 302/34 and 307/34 of the Penal Code. Ed. ......q with iron rod and Idris Pandit therefore, stabbed him on the back with dagger is not borne out by the medical evidence of P.W. 5 Dr. Mustafizur Rahman who held post mortem examination on the dead body of Shamsul Huq. The Doctor found the following injuries on the dead body:— (1) O..Category: Criminal Law | Date: | Hits: 39
Mazharul Huq Vs. Returning Officer & Circle Officer, (Dev.) Double Moorings, Ctg, 1975, 4 CLC (AD)
....liament and matters connected therewith and incidental thereto. The learned Attorney-General pointed out that the scheme with respect to election to Parliament is different from that of election to local bodies and, as such, the proceeding relating to election to Parliament are also different from......Writ Jurisdiction under Article 102(2) of the Constitution. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 11. ..Category: Election Law | Date: | Hits: 133
Abdur Rashid Vs. The State, 1975, 4 CLC (AD)
....de. The prisoner is found not guilty of the charge under section 302 of the Penal Code against him. He is acquitted of the said charge and is directed to be set at liberty forthwith. Ed. ......Their house was to the west of the prisoner's father's house intervened by the house of one Niamat Sardar. They said that on hearing an alarm they went to the house of Yasin Sk. and found the dead body of Maleka in the courtyard near a peg by the side of the cow-shed and saw injuries on the neck..Category: Criminal Law | Date: | Hits: 66
Shamsuddin Ahmed @ Tofa Mia & others Vs. Abdul Latif Bhuiyan, 1981, 10 CLC (AD)
.... the facts of this case. In the result, the appeal is allowed with costs. The judgment of the High Court Division is set aside and those of the Courts below are restored. Ed. ......eir statement relating, to intention the deed goes on to state after the words of conveyance "I have executed the deed of absolute sale and jointly received Rs. 2,000/- as per recitals in the body." The recitals also showed that the passing of title the vendee was not to be post..Category: Property Law | Date: | Hits: 45
Dr. Jamshed Bakht Vs. Ameaur Rashid Chowdhury, 1981, 10 CLC (AD)
....t of a complaint of an offence of which he is authorized to take cognizance to postpone the issue of process for compelling the attendance of the person complained against and to direct a previous local investigation to be made to a police officer for the purpose of ascertaining the truth or fal......intellectual character of that person, or lowers the character of that person in respect of his caste or of his calling, or lowers the credit of that person or causes it to be believed that the body of that person is in a loathsome state, or in a state generally considered as dis..Category: Criminal Law | Date: | Hits: 77
Bangladesh Freedom Fighters Welfare Trust Vs. Burhanuddin Chowdhury, 1981, 10 CLC (AD)
....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. ......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 body set up under the provisions of President's Order No. 94 of 1972.The respondent was employed b..Category: Employment/Service Law | Date: | Hits: 112
Md. Matlabur Rahman & ors Vs. Madan Meah Chowdhury, 1981, 10 CLC (AD)
....h Court Division. In the result, the appeal is dismissed with costs. Order of the Court In view of the decision of the majority the appeal is allowed with costs. Ed. ...... No. 1, the learned Subordinate Judge found that the property of the Darbarsharif being secular was the private property of the deceased plaintiff and the same not having been dedicated to anybody, on the death of the owner devolved upon his legal heirs. He also found that the defendants 1 ..Category: Civil Law | Date: | Hits: 91
Dr. Nurul Islam Vs. Bangladesh, 1980, 9 CLC (AD)
....ernment; (b) "Nationalised enterprise" includes any commercial or industrial enterprise bank, firm, tea estate or any other enterprise owned by or vested in the Government or any corporation or local authority. (c) “Physician”, means any holder of medical licence, diploma or degree eng...... be deemed to have taken effect on the 23rd day of November, 1973. 2. Definitions.—In this Act, unless there is anything repugnant in the subject or context,— (a) "Corporation” means anybody corporate constituted or established by or under any law and includes any other body or organ..Category: Employment/Service Law | Date: | Hits: 180
Musharraf Hossain Chy Vs. GM, Titas Gas Transmission & Dist. Co. Ltd. & ors., 1981, 10 CLC (AD)
....w stands as follows: "5. (1) Notwithstanding anything contained in any other law for the time being in force, the Auditor General may audit the accounts of any statutory public authority or local authority and shall submit his report on such audit to the President for laying it before Par......n placed by the Corporation as an employee of the enterprise and draws his salaries from it he is, in fact, an officer of the Corporation. In short, he enjoys the status of an employee of a statutory body. 6. On the basis of his claim he relied upon the provisions of Bangladesh Government and Sem..Category: Employment/Service Law | Date: | Hits: 104
Bangladesh Steamer Agents Association Vs. Bangladesh & others, 1981, 10 CLC (AD)
....usiness. 4. There are a number of other organizations viz. Chittagong and Khulna Chambers of Commerce and Industry who were also carrying on the same business of weighment and measurement on local territorial basis. 5. The appellant has been discharging the duties connected with Lic...... any lawful authority. Ed. ..Category: Others | Date: | Hits: 110
Khandaker Ehtehshamuddin Ahmed @ Iqbal Vs. Bangladesh and others, 1980, 9 CLC (AD)
.... "So long the Constitution is in force as the Supreme law of the country, any set done or proceeding taken by a person purporting to function in connection with the affairs or the Republic or of a local authority may be made the subject matter of review by the High Court in exercise of its with j......ry of suicide and through his brother Iftekheruddln alias Babul lodged a complaint in the Motijheel P.S. to that effect. Dr. Mozammel Huq Chowdhury carried out the post mortem examination on the dead body of Saleha Begum but without proper investigation submitted report supporting the case of suicid..Category: Constitutional Law | Date: | Hits: 292
Nani Gopal Saha Vs. Jatindra Lal Chowdhury and others, 1981, 10 CLC (AD)
....ho as required in the law, appeared, on consideration of the report submitted by the Magistrate as per direction of the Thana Magistrate and after hearing of the parties and holding local enquiry the Thana Magistrate by his order dated March 15, 1975 directed for restoration of po......s an order in excess of its power as provided under Articles 3 and 7 of the President's Order No. 13 of 1972. In the result, the appeal fails and it is dismissed with costs, Ed. ..Category: Constitutional Law | Date: | Hits: 153
Nurunnessa and ors Vs. Babr Ali Bepari and others, 1981, 10 CLC (AD)
....he facts of the present case. It appears that the power of attorney was authenticated before a Magistrate at Alipore, India and it was produced before the Court in Bangladesh after validating it with local stamps. The Courts below have held that it is not admissible. The manner in which it has been ......edule lands of the plaint. The parties will have opportunity to prove the power of attorney in the manner indicated above and in accordance with law, we, however, make no order as to costs. Ed. ..Category: Others | Date: | Hits: 128
Ful Chand Das and others Vs. Mohammad Hammad and others, 1982, 11 CLC (AD)
....y of rehabilitation of persons affected. It provides that any Magistrate or other office specially empowered in this behalf by the Provincial Government by general or special order may, after such local inquiry and with such police or other help as he may consider necessary, evict summarily any ......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
M/s. Everett Orient Lines Inc. Vs. Commissioner of Income Tax Ctg Zone, Ctg, 1982, 11 CLC (AD)
....re two certificated appeals under section 66 (a) (2) of the Income Tax Act. The assessee-appellant is a Company incorporated outside Bangladesh but carries on business in Bangladesh through local Agents. It is Shipping Company and it plies ships from and to ports in Bangladesh. During the......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
Rajan Miah Vs. Abdur Rashid and another, 1982, 11 CLC (AD)
.... the plaintiff ceased to have any interest in the disputed land. Exhibit 2 khatian has been recorded in the name of the defendants. Exhibit F is the report of the Advocate Commissioner of local inspection which showed that the defendant was in possession of the disputed plot living ther...... of the trial court judgment by the appellate Court below was justified and the plaintiff is not entitled to any relief. In the result, therefore, this appeal is dismissed with cost. Ed. ..Category: Property Law | Date: | Hits: 47
Commissioner of Income Tax Vs. Chowdhury Ramzan Ali and another, 1982, 11 CLC (AD)
....;son" includes an individual, a Hindu undivided family, a firm, an association of persons or a body of individuals whether incorporated or not, a Company, Government of a Province, a local authority and every other artificial judicial person." Section 3 of the said Act,......ny under liquidation continues to be liable to pay income tax. 12. Section 2(5) (A) of Income Tax Act defines, ''Company" means a Company as defined in the Companies Act, 1913 or a body corporate formed by or under any law for the time being in force............... Se..Category: Fiscal/Taxation Law | Date: | Hits: 85
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