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Mujibur Rahman (Md) Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)

.... the Supreme Court which exercises the judicial power of the State. I concur again with the decision of my learned brother, MH Rahman J. Ed. This Case is also Reported in: 44 DLR (AD) 111. ...... the Supreme Court which exercises the judicial power of the State. I concur again with the decision of my learned brother, MH Rahman J. Ed. This Case is also Reported in: 44 DLR (AD) 111. ...... the Supreme Court which exercises the judicial power of the State. I concur again with the decision of my learned brother, MH Rahman J. Ed. This Case is also Reported in: 44 DLR (AD) 111. ......R 650; Societe United Docks and others Vs. Government of Mauritius [1985]1 All ER 864; Hinds and others Vs. The Queen (1976) 1 All ER 353; SP Sampath Kumar Vs. Union of India AIR 1987 SC 386; Minerva Mills Ltd. Vs. Union of India AIR 1980 SC, 1789; Bangladesh Vs. Abdur Rab 33 DLR 143, Jamil Huq and ..

Category: Administrative Law | Date: | Hits: 203

Jamuna Oil Company Limited and another Vs.SK Dey and another, 1992, 21 CLC (AD)

....d judgment of the High Court Division as well as the decree passed by the two Courts below. The appeal is, therefore, allowed and the suit of respondent No. 1 is dismissed. No costs. Ed. ......d judgment of the High Court Division as well as the decree passed by the two Courts below. The appeal is, therefore, allowed and the suit of respondent No. 1 is dismissed. No costs. Ed. ......sition has been affirmed by this Court in the case of ASA Noor Vs. Registrar, Joint Stock Companies, 33 DLR (AD) 315. The Service Rules of the Company are incorporated at page 230 of Part 1 of, the Paper Book. There is no provision for serving a second show cause notice against the proposed puni......d judgment of the High Court Division as well as the decree passed by the two Courts below. The appeal is, therefore, allowed and the suit of respondent No. 1 is dismissed. No costs. Ed. ..

Category: Employment/Service Law | Date: | Hits: 89

Government of Bangladesh Vs. Aziz Molla, 1992, 21 CLC (AD)

....ant‑Government is illegal, without jurisdiction and not binding upon the plaintiffs. Order of the Court By a majority decision the appeal is allowed without cost. Ed. ......;letting, gift, mortgage or any contract or agreement but does not include a complete usufructuary mortgage or a mortgage to a Land Mortgage Bank registered or deemed to be registered under the Bengal Co‑operative Societies Act, 1940, or registered under the Co‑operative Societie......ant‑Government is illegal, without jurisdiction and not binding upon the plaintiffs. Order of the Court By a majority decision the appeal is allowed without cost. Ed. ......ant‑Government is illegal, without jurisdiction and not binding upon the plaintiffs. Order of the Court By a majority decision the appeal is allowed without cost. Ed. ..

Category: Others | Date: | Hits: 178

Sahera Khatun and another Vs. Anwara Khatun and others, 1992, 21 CLC (AD)

....rected himself to an extent causing an error in the decision and/or resulting in a failure of justice. There is thus no substance in this appeal which is dismissed with costs. Ed. ......the suit property on the basis of the deed of Exchange dated 13.11.63 (Ext. 2) because she had no right, title, interest or possession over any portion of the alleged property of Murshidabad, West Bengal the ownership of which was alleged to have been transferred to the exchangees, i.e. the Mitr......rected himself to an extent causing an error in the decision and/or resulting in a failure of justice. There is thus no substance in this appeal which is dismissed with costs. Ed. ......rected himself to an extent causing an error in the decision and/or resulting in a failure of justice. There is thus no substance in this appeal which is dismissed with costs. Ed. ..

Category: Property Law | Date: | Hits: 58

Somedullah Vs. Mahmud Ali , 1991, 20 CLC (AD)

....t sale with a condition of re‑purchase. We do not find any good ground for interference. Hence the appeal is dismissed with costs. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 83. ......t sale with a condition of re‑purchase. We do not find any good ground for interference. Hence the appeal is dismissed with costs. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 83. ......t sale with a condition of re‑purchase. We do not find any good ground for interference. Hence the appeal is dismissed with costs. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 83. ......t sale with a condition of re‑purchase. We do not find any good ground for interference. Hence the appeal is dismissed with costs. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 83. ..

Category: Property Law | Date: | Hits: 63

Government of Bangladesh Vs. Anis and Co. and others, 1991, 20 CLC (AD)

....peals are dismissed without any order as to costs. Order of the Court By majority decision the appeals are allowed without cost. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 65. ......peals are dismissed without any order as to costs. Order of the Court By majority decision the appeals are allowed without cost. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 65. ......peals are dismissed without any order as to costs. Order of the Court By majority decision the appeals are allowed without cost. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 65. ......peals are dismissed without any order as to costs. Order of the Court By majority decision the appeals are allowed without cost. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 65. ..

Category: Business or Commercial Law | Date: | Hits: 130

Dudu Mia Vs. Ekram Mia Chowdhury, 1992, 21 CLC (AD)

....sp;                               Ed. ......sp;                               Ed. ......sp;                               Ed. ......sp;                               Ed. ..

Category: Procedural Law | Date: | Hits: 122

Pubali Bank Vs. The Chairman, First Labour Court, Dhaka and another, 1991, 20 CLC (AD)

....ect matter of the dispute till its final resolution is a Power apart from adjudicating and determining any industrial dispute. Ed. This Case is also Reported in: 44 DLR (AD) 40; 12 BLD (AD) 72. ......ect matter of the dispute till its final resolution is a Power apart from adjudicating and determining any industrial dispute. Ed. This Case is also Reported in: 44 DLR (AD) 40; 12 BLD (AD) 72. ......ect matter of the dispute till its final resolution is a Power apart from adjudicating and determining any industrial dispute. Ed. This Case is also Reported in: 44 DLR (AD) 40; 12 BLD (AD) 72. ......under Order IX. A contrary decision was given in Khulna Tobacco Industries Limited, 29 DLR 148. As that decision was made without referring the matter to a Full Bench, a Division Bench in Raj Textile Mills Ltd. 33 DLR 376 held that it had the option to follow either of the aforesaid two conflic..

Category: Labour and Industrial Law | Date: | Hits: 103

Nasrin Kader Siddiqui Vs. Bangladesh and others, 1992, 21 CLC (AD)

....er of warrant of commitment in custody. Hence, the order of detention is without any lawful authority, and on that score alone the detention of the detenu is liable to be set aside. Ed. ......er of warrant of commitment in custody. Hence, the order of detention is without any lawful authority, and on that score alone the detention of the detenu is liable to be set aside. Ed. ......mitment dated 19.1.91 issued by the Additional District Magistrate, Tangail and addressed to the Superintendent, Jessore Jail before the High Division as also before us (included in the Additional Paper Book) which shows that the detenu was convicted by the Special Martial Law Court No, 1, Gana ......er of warrant of commitment in custody. Hence, the order of detention is without any lawful authority, and on that score alone the detention of the detenu is liable to be set aside. Ed. ..

Category: Constitutional Law | Date: | Hits: 365

Babor Ali Molla and others Vs. State, 1992, 21 CLC (AD)

....t and order of the High Court Division are set aside and the appellants are acquitted. Let the appellants be set at liberty forthwith if not wanted in connection with any other Case. Ed. ......t and order of the High Court Division are set aside and the appellants are acquitted. Let the appellants be set at liberty forthwith if not wanted in connection with any other Case. Ed. ......t and order of the High Court Division are set aside and the appellants are acquitted. Let the appellants be set at liberty forthwith if not wanted in connection with any other Case. Ed. ......t and order of the High Court Division are set aside and the appellants are acquitted. Let the appellants be set at liberty forthwith if not wanted in connection with any other Case. Ed. ..

Category: Criminal Law | Date: | Hits: 68

Bangladesh Vs. Shamsuzzoha Nurul Amin Chowdhury and others, 1976, 5 CLC (AD)

....uired for the disposal of the suit over and above the evidence already on record. The appeal is allowed with the modification set out above but without any order as to costs. Ed. ......t is alleged that there was a proceeding before the Revenue Officer, Barisal who directed acquisition of Schedule 'Kha' properties which were found to be in excess under the provisions of the East Bengal State Acquisition and Tenancy Act 1950, The Revenue Officer treated £he all Wakf prope......uired for the disposal of the suit over and above the evidence already on record. The appeal is allowed with the modification set out above but without any order as to costs. Ed. ......uired for the disposal of the suit over and above the evidence already on record. The appeal is allowed with the modification set out above but without any order as to costs. Ed. ..

Category: Others | Date: | Hits: 142

BD Jatiya Matshajibi Samabaya Samity Ltd. Vs. Chairman, Labour Court, Ctg & anr.,1976, 5 CLC (AD)

....med the order of the Labour Court is set aside. The order of the Labour Court is also set aside and the petition of Respondent No. 2 is dismissed. There will be no order as to costs. Ed. ...... The Chairman, Labour Court, Chittagong & anr. ...Respondents Judgment May 5, 1976. Case Referred to: M/S Co-operative Milk Societies Union Ltd. Vs. State of West Bengal and others, 62 C.W.N. 405. Lawyers Involved: T. H. Khan, Senior Advocate with ......med the order of the Labour Court is set aside. The order of the Labour Court is also set aside and the petition of Respondent No. 2 is dismissed. There will be no order as to costs. Ed. ......med the order of the Labour Court is set aside. The order of the Labour Court is also set aside and the petition of Respondent No. 2 is dismissed. There will be no order as to costs. Ed. ..

Category: Labour and Industrial Law | Date: | Hits: 144

FM Rashiduzzaman Vs. Bahauddin Ahmed and another, 1976, 5 CLC (AD)

....ible for the loss of the promising life cannot be prosecuted as the said officer Bahauddin acted in the discharge of his official duty. In the result the appeal is dismissed. Ed. ......tever was done or purported to have been done was beyond the scope of the official duty of respondent Bahauddin Ahmed. 9. Mr. Aminul Huq contended that under Rule 157 of Police Regulations, Bengal, 1943 there ought to have been a full executive Enquiry to ascertain whether the firing was......ible for the loss of the promising life cannot be prosecuted as the said officer Bahauddin acted in the discharge of his official duty. In the result the appeal is dismissed. Ed. ......ible for the loss of the promising life cannot be prosecuted as the said officer Bahauddin acted in the discharge of his official duty. In the result the appeal is dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 66

Swami Joytirghananda Vs. Deputy Commissioner, Khulna and others, 1976, 5 CLC (AD)

....er discharging the Rule are set aside and the Petition No. 245 of 1966 is restored to file for hearing according to law. There shall, however, be no order as to costs in this appeal. Ed. ......urt on 15-6-66 under Article 98 of the then Constitution of Pakistan, challenging the validity of an order of requisition of certain lands belonging to the said Sebasram under section 3 of the East Bengal (Emergency) Re­quisition of Property Act as well as a notice for acquisition under secti......er discharging the Rule are set aside and the Petition No. 245 of 1966 is restored to file for hearing according to law. There shall, however, be no order as to costs in this appeal. Ed. ......er discharging the Rule are set aside and the Petition No. 245 of 1966 is restored to file for hearing according to law. There shall, however, be no order as to costs in this appeal. Ed. ..

Category: Procedural Law | Date: | Hits: 89

Dacca Improvement Trust Vs. Waliullah and others, 1976, 5 CLC (AD)

.... a formal decree, as a matter of fact, was prepared after the filing of the said appeal. The result, therefore, is that the appeal is dismissed without any order as to costs. Ed. ......rayer having not been in accordance with the case made out in the body of the plaint can be ignored. 7. The new point as to the maintain­ability of the suit under section 14 of the East Bengal Building Construction Act 1952 was sought to be argued at the hearing of the Second appeal o...... a formal decree, as a matter of fact, was prepared after the filing of the said appeal. The result, therefore, is that the appeal is dismissed without any order as to costs. Ed. ...... a formal decree, as a matter of fact, was prepared after the filing of the said appeal. The result, therefore, is that the appeal is dismissed without any order as to costs. Ed. ..

Category: Procedural Law | Date: | Hits: 99

Commissioner of Income-Tax, Dacca Zone, Dacca Vs. M/S. Ata Hossain Khan Ltd., 1975, 4 CLC (AD)

....that this appeal is allowed with costs and the judgment and order of the High Court are set aside and that of the Appellate Tribunal restored. Ed. This Case is also Reported in: 28 DLR (AD) 141.......that this appeal is allowed with costs and the judgment and order of the High Court are set aside and that of the Appellate Tribunal restored. Ed. This Case is also Reported in: 28 DLR (AD) 141.......that this appeal is allowed with costs and the judgment and order of the High Court are set aside and that of the Appellate Tribunal restored. Ed. This Case is also Reported in: 28 DLR (AD) 141.......that this appeal is allowed with costs and the judgment and order of the High Court are set aside and that of the Appellate Tribunal restored. Ed. This Case is also Reported in: 28 DLR (AD) 141...

Category: Fiscal/Taxation Law | Date: | Hits: 164

Jardine Henderson Ltd. Calcutta, India Vs. Commissioner of In­come-Tax, Chittagong, 1976, 5 CLC (AD)

....pinion that the High Court took the correct view in answering the question referred to it under section 66(1) of the Income-tax Act. Both the appeals are dismissed with costs. Ed. ......pinion that the High Court took the correct view in answering the question referred to it under section 66(1) of the Income-tax Act. Both the appeals are dismissed with costs. Ed. ......pinion that the High Court took the correct view in answering the question referred to it under section 66(1) of the Income-tax Act. Both the appeals are dismissed with costs. Ed. ......e Act) the Managing Agents shall receive by way of remuneration for their services (a) a commission of two and half per cent on the gross proceeds arising from the sale of goods produced at the Mills of the Company and any other goods sold by the Company, and (b) an office allow­ance of ..

Category: Fiscal/Taxation Law | Date: | Hits: 114

Government of Bangladesh Vs. Messres A. T. J. Industries Ltd. and others, 1976, 5 CLC (AD)

....sturb the decision of the High Court Division. Subject to the observation made above, the appeal is dismissed with no order as to costs. Ed. This Case is also Reported in: 28 DLR (AD) 120. ......sturb the decision of the High Court Division. Subject to the observation made above, the appeal is dismissed with no order as to costs. Ed. This Case is also Reported in: 28 DLR (AD) 120. ......sturb the decision of the High Court Division. Subject to the observation made above, the appeal is dismissed with no order as to costs. Ed. This Case is also Reported in: 28 DLR (AD) 120. ......industrial units mentioned in Groups 'A' to 'F' including all the pro­perties and assets wherever located in Bangladesh, and to appoint the management Board indicated under each group to operate the Mills and generally conduct all their affairs, including operation of bank accounts: GROUP 'F' (II)â..

Category: Business or Commercial Law | Date: | Hits: 129

Haji Md. Shariatullah Vs. Ashrafun Nessa Bibi and others, 1976, 5 CLC (AD)

....g regard to the considerations made above we find no substance in this appeal. It is accordingly dismissed with costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 91. ......2. The appeal arises in the following cir­cumstances. Appellant Haji Md. Shariatullah filed, in the 3rd Court of the Subordinate Judge, Dacca, an application under section 96 of the  East Bengal State Acquisition and Tenancy Act, 1950 (hereinafter referred to as the Act) for pre-emption......g regard to the considerations made above we find no substance in this appeal. It is accordingly dismissed with costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 91. ......g regard to the considerations made above we find no substance in this appeal. It is accordingly dismissed with costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 91. ..

Category: Property Law | Date: | Hits: 77

Khondkar Mohiuddin Vs. Syed Moin Ahmed, 1976, 5 CLC (AD)

....dgment and decree of the High Court are set aside and the judgment and decree of the Court of Additional District Judge are restored. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 85. ......dgment and decree of the High Court are set aside and the judgment and decree of the Court of Additional District Judge are restored. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 85. ......dgment and decree of the High Court are set aside and the judgment and decree of the Court of Additional District Judge are restored. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 85. ......dgment and decree of the High Court are set aside and the judgment and decree of the Court of Additional District Judge are restored. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 85. ..

Category: Tenancy Law | Date: | Hits: 68