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Musharraf Hossain Chy Vs. GM, Titas Gas Transmission & Dist. Co. Ltd. & ors., 1981, 10 CLC (AD)
....n was mala fide and passed in violation of the principles of natural Justice. 3. Some background is necessary to underÂstand the position inter se of the Enterprise and the Corporation on the one hand and the appellant on the other. Originally, the appellant was employed as Internal Auditor in t......view of the above observations, the appeal is dismissed, the Judgment and order of the High Court Division is upheld. There will be no order as to costs. Ed. This Case is also Reported in: ..Category: Employment/Service Law | Date: | Hits: 104
Ful Chand Das and others Vs. Mohammad Hammad and others, 1982, 11 CLC (AD)
....rt Appellate Division (Civil) Present: FKMA Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Ful Chand Das and others......................Appellants Vs. Mohammad Hammad and others......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
Sultan Ahmed, AdÂvocate and others Vs. Haji Sultan Ahmed and others, 1982, 11 CLC (AD)
....of section 107 read with section 112 of the Code the impugned order to execute a bond straightaway is illegal. 6. The impugned order shows that the second party were, on the one hand, 'restrained from entering into the disputed land" and, on the other hand, they were......gh Court Division dated 5 June 1981, order of the Additional Sessions Judge dated 30th November 1979 and the order dated 16 October 1978 of the learned Magistrate are set aside. Ed. ..Category: Criminal Law | Date: | Hits: 51
Mofizur Rahman Khan Vs. Government of Bangladesh, 1982, 11 CLC (AD)
.... 1 52 (SC) 1753; State of Mysore V. Acholah Chetty, AIR 1969 (SC) 477; Indira Gandhi V. Rajnarain AIR 1975 (SC) 2299; Hori Singh V. Military Estate Officer AIR 1972 (SC) 2205; Kanta Katuria V. Manik Chand, AIR 1970 S.C. 694; Piere Dusadh V. King Emperor (F.C.) 1; Dy. Commissioner, Kainrip Vs. Durgan...... disposed of in these terms, without any cost. In the result, Civil Appeal Nos. 73 and 124 of 1981 are dismissed. No order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) 321. ..Category: Constitutional Law | Date: | Hits: 188
Abdul Halim Mollah @ Monohar Mollah & anr Vs. Member, App Tribunal Dacca & ors., 1982, 11 CLC (AD)
....has the benefit of that doubt. An appellant from conviction can always invoke the support of these principles, if he can show that the facts of his case come from within their purview. On the other hand, the task of the appellant from a judgment of acquittal is more difficult to satisfy the Court......nion is that such appeal cannot be entertained. I would, therefore, allow the appeal. Order of the Court By the majority judgment the appeal is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 40
Rajan Miah Vs. Abdur Rashid and anoÂther, 1982, 11 CLC (AD)
....o sons Syed Abdulla and Syed Abdul Hakim in equal shares. Syed Abdul Hakim gifted his 8 annas interest to his wife Bibhan Bibi. Abdulla died childless and his interest was inherited by his nephew Chand Mia. Defendant No. 1 took settlement of the suit land from Syed Akbar Mia, son of Chand Mia 40...... 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
Abu Bakkar Vs. Nazir Ahmed, 1982, 11 CLC (AD)
....purchased by the executant. The learned Subordinate Judge further found that all the dues under the mortÂgage deed were extinguished by the produce of the land. The High Court Division, on the other hand, simply found that the considerÂation of the Kabala Exhibit 'A" was Rs. 800/- whereas the plai......sion are set aside and those of the lower appellate court are restored. The respondent shall pay costs of the appeal to the appellant. Ed. This Case is also Reported in: 34 DLR (AD)(1982) 237. ..Category: Property Law | Date: | Hits: 58
Khondker Moshtaque Ahmed Vs. Bangladesh, 1982, 11 CLC (AD)
....PLD 1973 (SC) 49; Federation of Pakistan Vs. Saeed Ahmed PLD (SC) 151; Jamil Huq Vs. Bangladesh (1982) 34 DLR(AD) 125; A Rouf Vs. Abdul Hamid Khan (1965 17 DLR (SC) 515. Lawyers Involved: MH Khandker and Khandker Mahbub uddin Ahmed, Senior Advocates with Nizamuddin Haider, Advocate, instruct......w Court and the order of Government on review are set aside, The orders of convicÂtion 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
Lebu Mia Vs. Ganesh Chandra Nath and others, 1982, 11 CLC (AD)
....l) Present: Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Lebu Mia..................................Appellate Vs. Ganesh Chandra Nath and others...................Respondent Judgment March 17, 1982. Result: Th......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...Category: Property Law | Date: | Hits: 65
Abdul Hamid Vs. Abdul Jabbar , 1982, 11 CLC (AD)
.... C.W.N. 408; Ramanath Karmakar vs. Sheikh Ahsanulla 34 C.W.N. 746 and Naren vs. Benode 54 C.W.N. 896. Mr. Shaukat Ali Khan, learned Counsel appearing for the respondent has contended, on the other hand, that in the absence of any specific provision for restitution on reversal of an 'order' as di......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. ..Category: Civil Law | Date: | Hits: 82
General Manager Jamuna Oil ComÂpany Ltd. Vs. Golap Rahman & another, 1982, 11 CLC (AD)
....he sittings of the Court will itself be meaningless. This, however, does not lead to the conclusion that a Labour Court may proceed to function without any member being present at all. On the other hand, even if a member is absent or ceases to be a member or Incapable of sitting as a member, it ......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. ..Category: Labour and Industrial Law | Date: | Hits: 97
Md. Enayet Ali Vs. Munsif of First Court at Khulna & Election Tribunal and others, 1982, 11 CLC (AD)
.... the respective Assistant Presiding Officers of these two centres. In cross- examination by the appellant, he stated that he could not say what was declared at the spot but while B N. Goswami handed over the result at 11-30 A.M. to his office on 14-8-77 then none opposed the result. The Pre...... 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. ..Category: Election Law | Date: | Hits: 121
Jamil Huq and 11 others Vs. Bangladesh and others, 1981, 10 CLC (AD)
....or War 1949(1) All ER 242; R. vs. O/C Depot Battalion 1949, All ER 373; Burns vs. Wilson, 97 Lawyers Edition, 1508; Kartar Singh vs. Imperator, AIR 1946 Lah. (FB) 1C3. Lawyers Involved: M.H, Khandker, Senior Advocate, with Shafiqur Rahman, Senior Advocate, instructed by Md. Aftab Hossain, 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: ..Category: Constitutional Law | Date: | Hits: 327
Md. Deser Ali Vs. Bangladesh and ors., 1982, 11 CLC (AD)
....emo 2248 dated 17-4-691 am to take formal possession of all buildings, structures and shops, etc, within the area of the hat and bazar and also to fix up the rent. You are, requested to hand over the formal possession to the Tdr. concerned by 25-7-69 failing which legal action ......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 Income Tax, Dacca Vs. Adamjee Sons Ltd., 1982, 11 CLC (AD)
....tion to this procedure contending that having taken recourse under section 7(2)(a) he could only make the bulk valuation under sub-rule 9 of rule 8 The contention of the Revenue, on the other hand, is based on the expression "making such adjustments therein as the circumstances of......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. ..Category: Fiscal/Taxation Law | Date: | Hits: 73
Commissioner of Income Tax Vs. Mrs. Masuda Khatun, 1982, 11 CLC (AD)
....bsp; Badrul Haider Chowdhury J.—This appeal by special leave arises out of a judgment passed by the High Court holding that the dividend in the hand of an assessee is exempt from tax under section 15-BB of the Income Tax Act on giving an affir......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. ..Category: Fiscal/Taxation Law | Date: | Hits: 75
Nurjahan Begum, wife of Mahmudur Rahman Vs. Mahmudur Rahman Mullick , 1982, 11 CLC (AD)
....e is that while possessing and enjoying the said properties acquired by him with his own fund, he exchanged the aforesaid Dum Dum Road properties with schedule B properties in Dacca of Maran Chand Sen Zohari; and that he exchanged the premises No. 207A, Park Street, Calcutta for half share ......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. ..Category: Property Law | Date: | Hits: 448
Chairman, D. I. T and another Vs. Chairman, 2nd Labour Court and another, 1981, 10 CLC (AD)
....sposal by way of sale, etc. Hence the petitioner who is an employee of the D. I. T. cannot be termed as a worker of either any "commercial establishment" or "indusÂtrial establishment." On the other hand, the scheme of Town Improvement Apt shows that for the purpose of carrying out the provisions o......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
Zahirul Huq Vs. Ejamul Huq and others, 1982, 11 CLC (AD)
....¦...................Respondents Judgment June 30, 1981. Lawyers Involved: Abdul Malek, Senior Advocate, instructed by Syed Sakhawat AH. Advocate-on-Record. - For the Appellant. N. H. Khandker, Advocate-on-Record.—For the Respondents 1 & .2. Civil Appeal No. 9 of 1981. (F......rom the due process of law. With this observation this appeal is allowÂed without any order as to costs, the order of the High Court Division is set aside and the writ petition dismissed. Ed. ..Category: Tenancy Law | Date: | Hits: 93
James Finlay and Co. Ltd. Vs. Chairman, Second Labour Court, Dacca and another, 1981, 10 CLC (AD)
.... In I.R.O. Case No. 219 of 1973 the Labour Court arrived at the following findings: "In fact, the charge of misconduct was not proved at all. On the other hand, it is found from enquiry proceeding that as the Assistant Manager got the attendance re......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. ..Category: Labour and Industrial Law | Date: | Hits: 91
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