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Khondker Moshtaque Ahmed Vs. Bangladesh, 1982, 11 CLC (AD)
....ment on 26-11-1976 and pointed out that: "When election for representative Government has been postponed on the ground of people's aversion. It is difficult to appreciate how elections of the local bodies are being held and that too without any demand from any quarter whatever." He thus ......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. ..Category: Criminal Law | Date: | Hits: 287
Bangladesh & others Vs. A. K. M. Zahangir Hossain, 1981, 10 CLC (AD)
.... provided by law— (a) on the application of any person aggrieved, make an order— (i) directing a person performing any functions in connection with the affairs of the Republic or of a local authority, to refrain from doing that which he is not permitted by law to do or to do that whi......d so the question arose whether it was a tribunal under Article 136(1) of the Indian Constitution, It was held that the functions and duties of the Industrial Tribunal are very much like those of a body discharging judicial functions, It is a tribunal, although it is not a Court in the technical s..Category: Constitutional Law | Date: | Hits: 188
Md. Habibur Rahman & ors. Vs. Hasen Ali Mondal and others, 1982, 11 CLC (AD)
....atal so as to nullify the notification issued on February 4, 1980. The appeal is allowed. The order of the High Court Division is set aside and the Writ Petition dismissed. No costs. Ed. ......atal so as to nullify the notification issued on February 4, 1980. The appeal is allowed. The order of the High Court Division is set aside and the Writ Petition dismissed. No costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 100
Jamil Huq and 11 others Vs. Bangladesh and others, 1981, 10 CLC (AD)
....y is provided by law — (a) on the application of any person aggrieved-make an order— (i) directing a person performing any functions in connection with the affairs of the Republic or of a local authority to refrain from doing that which he is not permitted by law to do or to do that whic......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: ..Category: Constitutional Law | Date: | Hits: 327
Md. Deser Ali Vs. Bangladesh and ors., 1982, 11 CLC (AD)
....on of his lands as hat and bazar which were of no avail. 4. On behalf of Government it was stated that the properties in question were situated within the periphery of the hat and bazar locally called Sultan par bazar. Farther, the plots and structures were acquired by the Government......ated on the ground floor of one of the buildings, the said property being outside the hat and bazar has been made without any lawful authority and as of no legal effect. Ed. ..Category: Property Law | Date: | Hits: 61
Commissioner of Taxes, Ctg Zone, Ctg Vs. M/s Free School Street Properties, Ltd, 1982, 11 CLC (AD)
....he value of lands and buildings shall be estimated with the due regard to the nature and size of the property, the amenities available and the price prevailing for similar-assets in the same locality or in the neighborhood of the said locality: Provided that where the capital ...... 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
Ranabir Purkayastha @ Bhanu Vs. Alekjan Bibi and ors., 1982, 11 CLC (AD)
....e of possession which led the first party to resort to the drawing up of criminal proceedings the Magistrate found It true and after drawing up of the proceedings appointed Officer-in-Charge of the local police station the receiver. The police report disclosed that both the parties were in a sta......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. ..Category: Criminal Law | Date: | Hits: 39
Commissioner of Income Tax Vs. Mrs. Masuda Khatun, 1982, 11 CLC (AD)
....n section 2(9) which 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 Province, a local authority and every other artificial juristic person. 6. "Assessee” is ......tal income of the previous year of any person (sec.3). "Person'' has been defined in section 2(9) which 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 Province, a local autho..Category: Fiscal/Taxation Law | Date: | Hits: 75
Bengal Water Ways Ltd. and other Vs. Rahimuddin Ahmed and others, 1982, 11 CLC (AD)
....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. ......he said case House of Lords approved the decision of Yenidje's case. After considering many other earlier decisions Lord Wilberforce stated that "this series of cases amounts to a considerable body of authority in favour of the use of the just and equitable provision in a wide variety o..Category: Business or Commercial Law | Date: | Hits: 110
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. ...... other hand, the scheme of Town Improvement Apt shows that for the purpose of carrying out the provisions of that Act, a Board is to be formed called Dacca Improvement Trust and such Board shall be a body corporate and have perpetual succession and a common seal and shall by the same name sue and ..Category: Labour and Industrial Law | Date: | Hits: 108
Mrs. H Mansur & ors Vs. Sec. Min. of Pub. Works & Urban Dev., Pub. Works Div, GoB, 1982, 11 CLC (AD)
....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. ......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. ..Category: Property Law | Date: | Hits: 53
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. ...... said that such termination of or dismissal or discharge from, the service of a workman is an infringement of any right guaranteed to the collective bargaining agent by any law. It is nobody's case that there was any settlement or award, to which respondent No. 4, the Trade Unio..Category: Labour and Industrial Law | Date: | Hits: 91
Khabiruddin and others Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
.... on enquiry that the suit land was wrongly recorded in the name of defendant No. 2 as Magura beel the plaintiffs filed the suit. 3. The Government's case is that the suit land is a fishery, locally known as Magura beel fishery and it was recorded in the khatian of the Deputy Commissioner......they have rightly been interfered with by the High Court Division. Finding it difficult to defend the appellate Court's judgment the learned counsel for the appellants contends that since it is no body's case that the suit land is res nullius and the trial Court after finding that the Government..Category: Property Law | Date: | Hits: 69
Mohammad Sharif, s/o Barkhurdar Vs. Mohammad Ashraf, 1973, 2 CLC (AD)
.... to the Court of Sessions Judge for trial on charges punishable with death or transportation for life, his bail may be cancelled. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 71. ......ore, open to question. It is calculated not only to prejudice the prosecution in the present case, but may well be treated by the subordinate Courts as a 'yardstick' in all cases in which a large body of culprits related inter so are charged with the commission of an offence. Such a course m..Category: Criminal Law | Date: | Hits: 60
Sri Monmotha Nath Kuri Vs. Mvi Mohammad Mokhlesur Rahman and others, 1973, 2 CLC (AD)
....he was also said to have been a "rare expert" in singing and dancing at her age. Her versatile genius and good qualities made her participation sought after at every public or private function in the locality. By her death the plaintiffs had lost all charms and desires and all hopes of their lives h......n 96 of the Motor Vehicles Act were not attracted in this case. If under this section it is not necessary, even to make the insurance company by name a party to the proceedings than the question of embodying in the decree itself the liability of the insurance company does not arise nor does, it, in ..Category: Others | Date: | Hits: 124
Chaudhury Muhammad Khan Vs. Sanaullah and others, 1973, 2 CLC (AD)
....r courtyard. As a result of the firing five persons were killed and Mst. Sabrina, P.W., was injured by gun shots. 2. Pending the inquiry under Chapter 18 of the Code of Criminal Procedure before a local Magistrate, the respondent No. 1 moved the Additional Sessions Judge for bail on the ground th......the order dated 31st July, 1970, of the High Court granting bail to the respondent No. 1. He shall surrender to his bail bond forthwith. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 45 ..Category: Criminal Law | Date: | Hits: 96
Popular Biscuit Ltd Vs. Biximco Bremer Export Contor Brand, Repprecht Gmbh & ors, 2006, 35 CLC (AD)
....he contract dated 2.5.1984 shows that the term 'Seller' includes "M/s. Brexco Bremer Expart-H-Expart Brand Gmbh. Rotdornwaj 20, 2801, Grasberg, West Germany, the respondent No. 1 and also its local agent M/s. Burhan (Bangladesh) Ltd., the respondent No. 3, and in view of the above it can no...... time for filing the written statement and on the basis of those prayers time was allowed. The Order Sheet shows as follows :- In Bangla 14. It further appears that in the body of the application filed on 25.4.92 it was stated that " Ei bibadir pokher jobab deyar jo..Category: Business or Commercial Law | Date: | Hits: 94
Santipada Datta & others Vs. Satish Chandra Das and others, 2002, 31 CLC (AD)
....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. ......uit land and that the plaintiff and the tenants of original owner Satish have been in possession of the suit land by constructing houses thereof and that the suit land has not been leased out to anybody treating the same as vested property. The trial Court, however, simply treating the suit to be..Category: Property Law | Date: | Hits: 53
Superintendent Eng. (Dist), PDB, Jangalia,Comilla Vs. Madhumita Cinema Ltd. & ors, 2002, 31 CLC (AD)
.... Accordingly, this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 170. ...... Accordingly, this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 170. ..Category: Fiscal/Taxation Law | Date: | Hits: 122
Bangladesh Biman Corporation & others Vs. Md. Yousuf Haroon & others, 2002, 31 CLC (AD)
....d without any order as to cost. Order of the Court By a majority decision the appeals are allowed without any order as to cost. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 161. ......or consideration before this Court. Mustafa Kamal, J (as he then was), speaking for the Court, held as under: “……….if Regulation 53 had provided that the competent authority of a statutory body may exercise the same powers as are exercised by the Government under section 9(2) of the said ..Category: Employment/Service Law | Date: | Hits: 186