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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. ......0 removing him from office with effect from lst February 1980. Facts leading to his removal are as follows: 3. The member of the aforesaid Union Parishad sent a letter to the Sub Divisional Officer, Bogra (Sadar) who is the prescribed Authority for holding a special meeting to enable the..

Category: Employment/Service Law | Date: | Hits: 100

Md. Enayet Ali Vs. Munsif of First Court at Khulna & Election Tribunal and others, 1982, 11 CLC (AD)

.... Court By the majority decision, the appeal is allowed. The orders of the Courts below are set aside and the election petition is dismissed. There will be no order as to cost. Ed. ......itioner secured 40,265 votes; (b) election was vitiated on account of violation of rules 37, 38 and 39 of the Paurashava Election Rules, (c) according to rule 39 the Presiding Officer is required to seal all papers connected with the election and put them in separate packet..

Category: Election Law | Date: | Hits: 121

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: ......ober 29, 1946, the day before he should have reported under his orders of recall, he left the country, and for two years evaded arrest until, on October 9, 1948, he was arrested at Antwerp by British Officers acco­mpanied by two Belgian Police officers. Having been detained in a police station in A..

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: ......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: ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 264

Md. Deser Ali Vs. Bangladesh and ors., 1982, 11 CLC (AD)

....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. ......appeal arises from the Judgment of a Bench of the High Court Division passed in Writ Petition No. 18 of 1970. 2. The appellant challenged the validity of an order passed by the Circle Officer, Revenue, Satkhira, Khulna, Respondent No. 4 on July 18, 1969. The impugned order is in ..

Category: Property Law | Date: | Hits: 61

Commissioner of Taxes, Ctg Zone, Ctg Vs. M/s Free School Street Properties, Ltd, 1982, 11 CLC (AD)

.... 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. ......uted it to its share holders. The High Court Division took the view that it is a kind of trade as contemplated in the definition of a business in section 2(4) of the Income Tax Act. The Wealth Tax Officer and the Appellate Commissioner took the view that the property of the assessee company shou..

Category: Fiscal/Taxation Law | Date: | Hits: 78

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. ......ff. As regards disturbance 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 t..

Category: Criminal Law | Date: | Hits: 39

Commissioner of Income Tax, Dacca Vs. Adamjee Sons Ltd., 1982, 11 CLC (AD)

....d not separately under section 7(1) of the Wealth Tax Act. There is nothing to interfere. In the result, therefore, this appeal is dis­missed without any order as to cost. Ed. ......ected against the judg­ment and order of the High Court Division in an application under section 27 (1) of the Wealth Tax Act, 1972. The respondent was assessed to Wealth Tax by the Wealth Tax Officer, Companies Circle (I), Dacca for the assessment year 1963/64 on a total sum of Tk. 2,96,61,..

Category: Fiscal/Taxation Law | Date: | Hits: 73

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. ......an Jute Mills, an undertaking which was enjoying tax holiday under sec­tion 15-BB of the Act. The assessee claimed that these dividends were exempt from tax in his hand also but the Income Tax Officer rejected the contention and included in his assessment under section 23(3)/34 of the Act th..

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. ......t) raised objection after long 9 years. I cannot go against these finally published records unless it will be declared by the Court of judicature as "Benamdar". The Revenue Officer by his order dated 30.10.63 accorded sanction to the sub-division of the holding. It does ..

Category: Property Law | Date: | Hits: 448

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. ......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. ..

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. ......oluntarily surrender possession D.F.O. South Kheri vs. Ram Sanchi, the respondent purchased the right to cut timber for certain period from the forest Malini and Gola Ranges. The Divisional Forest Officer some time thereafter cancelled by an order as sleepers against the tally in the earlier al..

Category: Property Law | Date: | Hits: 53

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:...... without cost. Ed. This Case is also Reported in:..

Category: Fiscal/Taxation Law | Date: | Hits: 76

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. ......e Assistant Manager and despite his asking the employee to return the Attendance Regis­ter the employee refused to return it. 36. The employee denied the charges be­fore the Inquiry Officer in both the procee­dings. His case, inter alia, was that in Febr­uary 1973 he met t..

Category: Labour and Industrial Law | Date: | Hits: 91

Bangladesh Vs. Naziruddin Ahmed, 1973, 2 CLC (AD)

....f the High Court are reversed. The plaintiff's suit is dismissed. In the circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 94. ......to the suit may be summarized as follows: The plain­tiff Mr. Naziruddin Ahmed was a member of the East Pakistan Civil Service (Executive). At the time of the Revolution of 1958 he was employed as an Officer on Special Duty in the Home Department of the Government of erst­while Province of East Pak..

Category: Administrative Law | Date: | Hits: 106

Bangladesh Vs. Abdul Wadud and ors., 1973, 2 CLC (AD)

....s remanded to the trial Court for disposal in accordance with law. In the circumstances of the case there will be no order as to cost. Ed. This Case is also Reported: 25 DLR (SC) (1973) 90. ......aforesaid excess work was duly approved by the defen­dant No. 6 on 15.6.62...and the plaintiff was also verbally informed about the same through by Memo. No. 1533 dated 11.6.62 the Sub-Divisional Officer, C & B...directed the plaintiff to stop earth working in bridge approach....and submitted t..

Category: Others | Date: | Hits: 103

Khulna Newsprint Mills Ltd. Vs. Khulna Newsprint Employees Union, 1973, 2 CLC (AD)

.... directing the reinstatement of Nurul Gani, is set aside. In the circumstances of the case, the parties are left to bear own costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 85. ...... directing the reinstatement of Nurul Gani, is set aside. In the circumstances of the case, the parties are left to bear own costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 85. ..

Category: Labour and Industrial Law | Date: | Hits: 107

Secretary, EPIDC, Dacca Vs. Md. Serajul Hoque, 1973, 2 CLC (AD)

....services. In the result, we allow the appeals, set aside the judgment and order of the High Court, but make no order as to costs. Ed. This Case is also Reported in: 25 CLC (SC) (1973) 80. ......o longer required by the Corporation. These orders cannot, therefore, be regarded as orders termin­ating the services of the respondents by way of penalty. Relying on an office note of the Executive Officer of the Corporation, the learned Judges of the High Court, however, took the view that the re..

Category: Employment/Service Law | Date: | Hits: 96

Sirajul Islam Vs. State, 1973, 2 CLC (AD)

....ourt and acquit the appellant. M. R. Khan, J.—I agree. Sajjad Ahmed Jan, J.—I agree. Wahiduddin Ahmed J.—I agree. Ed. This Case is also Reported in: 25 CLC (SC) (1973) 73. ......as convicted and sentenced for those offences. 2. The salient facts revealed in this case were as follows:— The appellant Sirajul Islam was appointed Superintendent-cum-Drawing and Disbursing Officer of the Establishment Branch of the De­partment of Manpower and Employment Ex­change (Labou..

Category: Anti-Corruption Laws | Date: | Hits: 142

Asif Ali, s/o Ahmed Ali Vs. State, 1973, 2 CLC (AD)

....ult. For the reasons stated above, I do not think that the matter calls for our interference. The appeal is dismissed. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 68. ......ult. For the reasons stated above, I do not think that the matter calls for our interference. The appeal is dismissed. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 68. ..

Category: Criminal Law | Date: | Hits: 78