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Bangladesh & others Vs. A. K. M. Zahangir Hossain, 1981, 10 CLC (AD)
....iplined force, he is debarred from invoking the writ jurisdiction unless it is coram non judice or mala fide. Cases Referred To- High Commissioner for India vs. I. M. Lall, AIR 1948 PC 121; Khandker Ehteshamuddin Ahmed Vs. State (1981) 33 DLR (AD) 154; Harinagar Sugar Mills Vs. Shyam Sundar,......ts says, inter alia, that nothing in this Part shall apply to the provisions of any disciplinary law relating to members of disciplined force, being a provision limited to the purpose of ensuring the proper discharge of their duties or the maintenance of discipline of the force- Sub-Article (5) of A..Category: Constitutional Law | Date: | Hits: 188
Md. Enayet Ali Vs. Munsif of First Court at Khulna & Election Tribunal and others, 1982, 11 CLC (AD)
.... Ahmed J Md. Enayet Ali…………………………...Appellant. Vs. Munsif of First Court at Khulna & Election Tribunal and others....................... Respondents Judgment June 19, 1981. Lawyer......rule (4) provides that the Presiding Officer shall send the packets and account prepared by him and such other records as may have been received by him to the Returning Officer without delay under proper escort. 10. At the trial election of Chairman was challenged on various allegations, ..Category: Election Law | Date: | Hits: 121
Jamil Huq and 11 others Vs. Bangladesh and others, 1981, 10 CLC (AD)
....s also Reported in: ......rit JurisdicÂtion of the High Court Division under Article 102(5). What is needed here is not so much as the reinterpretation on the article already made, but to put the construction so given in its proper context. 3. A reading of the Constitution shows that Bangladesh Constitution envisages a ..Category: Constitutional Law | Date: | Hits: 327
Al-Sayar Navigation Co. Vs. Delta International Traders Ltd. and ors., 1982, 11 CLC (AD)
....im J Ruhul Islam J BH Chowdhury J Shahabuddin Ahmed J Al-Sayar Navigation Co……………………Appellants (In Civil Appeal No. 15 of 1981). Vs. Delta International Traders Ltd. and others……………………. Respondent And Delta International Traders Ltd and others......land or on water, in direct connection with the operation of the vessel; (iv) claims against the owner, based on tort and not capable of being based on contract, in respect of loss of or damage to property occurring, whether on land or on water, in direct connecÂtion with the operation of the ve..Category: Admiralty Law or Maritime Law | Date: | Hits: 264
Commissioner of Taxes, Ctg Zone, Ctg Vs. M/s Free School Street Properties, Ltd, 1982, 11 CLC (AD)
....pellant. Rafiqul Haq, Senior Advocate, instructed by Syed Sakhawat Ali, Advocate on Record.—For the Respondents, Civil Appeal No. 71 of 1981 (On appeal from the judgment and order 10.6.80 passed by the High Court Division in Application No. 155 of 1972.) ...... 2. The question is whether the house property of the assessee should be valued under rule 8(9) or rule 8(3) of the Wealth Tax Rules. The assessee respondent owned the Free School Street properties being a Housing estate. The Company is engaged in the business of acquiring ho..Category: Fiscal/Taxation Law | Date: | Hits: 78
Commissioner of Income Tax, Dacca Vs. Adamjee Sons Ltd., 1982, 11 CLC (AD)
....h;For the Appellant. M. Hossain. Advocate, instructed by S.M. Haque, Advocate-on-Record—For the Respondent. Civil Appeal No. 51 of 1981. On Appeal from the judgment and order dated 157. 1980 passed by the High Court Division in Application No. 9 of 1975. ......ce to the credit of the profit and loss account. (ii) The liabilities shown in the balance sheet shall be carefully scrutinised so as to exclude every item which is not a liability proper, (iii) If according to the accounting system followed by the assessee the ori..Category: Fiscal/Taxation Law | Date: | Hits: 73
Nurjahan Begum, wife of Mahmudur Rahman Vs. Mahmudur Rahman Mullick , 1982, 11 CLC (AD)
....uddin Ahmed J Nurjahan Begum, wife of Mahmudur Rahman………...................................Appellant Vs. Mahmudur Rahman Mullick being dead his heirs and legal representatives:- Musammat Nurjahan Begum, first Wife already on record as Defendant......43 of 1963. 2. Plaintiff Mahmudur Rahman Mullick, since Dead, filed the title suit against the appellant, his wife for declaration that the plaintiff is the real owner of half of the properties described in schedule 'A' and owner of 1483/104 annas share of the properties descri..Category: Property Law | Date: | Hits: 448
Bengal Water Ways Ltd. and other Vs. Rahimuddin Ahmed and others, 1982, 11 CLC (AD)
.... Court Appellate Division (Civil) Present: Kemaluddin Hossain C.J Chowdhury A. T. M Masud J A.F.M. Abdur Rahman Chowdhury J Bengal Water Ways Ltd. and other.................Appellants Vs. Rahimuddin Ahmed and others……......e cost of the Company as well as respondent No 1. It was further alleged that profit and loss account of the company was neither audited nor submitted to the Board of Directors, that all assets and properties of the Company were mortgaged to respondent No. 2. Bangladesh Shilpa Rin Sangstha, ..Category: Business or Commercial Law | Date: | Hits: 110
James Finlay and Co. Ltd. Vs. Chairman, Second Labour Court, Dacca and another, 1981, 10 CLC (AD)
....ate Division (Civil) Present: Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J K.M.Subhan J Badrul Haider Chowdliury, J. James Finlay and Co. Ltd.................. Appellants (in C.A. Nos. 26 & 27 of 1978) Vs. The ......en in the definition unless there is anything contrary in the context. There is no necessity to travel elsewhere or to other enactments for the purpose of defining that word or discovering its proper meaning. 14. Section 25 of the Act of 1965 is as follows: "(1)..Category: Labour and Industrial Law | Date: | Hits: 91
ABM Quabil Ahmed Vs. Bangladesh, 1991, 20 CLC (AD)
.... Mustafa Kamal J Latifur Rahman J ABM Quabil Ahmed .........................................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Health and Family Planning, Government of Bangladesh, Bangladesh Secretariat Building, Dhaka and another........ learned brother, probably due to hurry, did not discuss very material and important questions of law and fact raised which, according to me, required to be considered and decided for coming to a proper decision. Since due to paucity of time it was not possible for me to prepare myself to deli..Category: Procedural Law | Date: | Hits: 128
Mst. Qaiser Khatoon and 12 others Vs. Mvi. Abdul Khaliq and others, 1973, 2 CLC (AD)
....4. ......against Moulvi Abdul Khaliq and one, Waziruddin, for possession after declaration of their respective shares as the heirs of one, MoÂulvi Abdul Aziz who had died in 1926 or 1927. After his death his properties had, it appears, been recorded in Sole Nama of the responÂdent, Moulvi Abdul Khaliq, who..Category: Civil Law | Date: | Hits: 117
Bangladesh Vs. Naziruddin Ahmed, 1973, 2 CLC (AD)
....istan 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 erstÂwhile Province of East Pakistan; and was placed in charge of East Pakistan GovernÂment Press at Tejgaon, Dacca. His case havÂing be......ff and decreed his suit. Hence this appeal by Special Leave at the instance of the defendant. 11. Section 4 of the Public Conduct (ScrÂutiny) Ordinance, 1959 has already been set out above. For a proper appreciation of the parties it will be necessary to refer also to certain clauses of Article ..Category: Administrative Law | Date: | Hits: 106
Bangladesh Vs. Abdul Wadud and ors., 1973, 2 CLC (AD)
....reme Court Appellate Division (Civil) Present: A.M. Sayem CJ Mahmud Hussain J A. Jabir J Bangladesh.............................................Appellant Vs. Abdul Wadud and others................................Respondents Judgment November 30, 1972. ......e without producing the relevant documents on the basis of which relief is sought for. The Court is bound to apply its mind with reference to the pleadings and satisfy itself as to what should be the proper proof for passing a decree on the basis of the averments made in the plaint. It appears to us..Category: Others | Date: | Hits: 103
Khulna Newsprint Mills Ltd. Vs. Khulna Newsprint Employees Union, 1973, 2 CLC (AD)
....int Mills Ltd..................................Appellant Vs. Khulna Newsprint Employees Union.................Respondent Judgment December 15, 1972. The Industrial and Commercial Employment (Standing Orders) Ordinance, 1969, clause 12(1) Â Under clause 12(1......ker of the Mill was discharged after an enquiry but with a month's salary in lieu of notice. The Tribunal received certain evidence regarÂding the enquiry and came to the conclusion that it was not proper or regular. As to the action of the Management in discharging M. A. Rahman with a month's pay..Category: Labour and Industrial Law | Date: | Hits: 107
Karachi Stock ExchanÂge Vs. Kurban Ali M. MerÂchant and others, 1973, 2 CLC (AD)
....yments to be made in settlement of forward transactions. Since the defendant had not done any forward transaction since January 1961 her security deposit would not be subject to any such lien in 1962 and hence the order of the High Court that the deposit be paid into the court in pursuance of an ord......he Rules, and exercisable in the existing circumstances. Accordingly, we are of the view that the order of the learned Single Judge directing that the deposit should be paid into the High Court was a proper order to make in the case, and we hereby dismiss this appeal with costs. 5. At the request..Category: Business or Commercial Law | Date: | Hits: 74
Commissioner, Khairpur Division, Khairpur and another Vs. Ali Sher Sarki, 1973, 2 CLC (AD)
....ourt Appellate Jurisdiction (Civil) Present: Hamoodur RahÂman CJ MuÂhammad Yaqub Ali J Sajjad Ahmad Jan J Commissioner, Khairpur Division, Khairpur and another..........................Appellants Vs. Ali Sher Sarki.........................when acting in revision, to exercise the powers conferred on a Court, of appeal by section 423, and clause (1)(d) of that section gives the power to make any consequential order that may be just or proper that, if an order under section 476(1) is set aside, the proceedings under section 476(2) s..Category: Criminal Law | Date: | Hits: 49
Tripura Modern Bank Ltd. Pakis. Zone, Chittagong Vs. Khan Bahadur Khalilur Rahman, 1973, 2 CLC (AD)
....J M. R. Khan J Tripura Modern Bank Ltd. Pakistan Zone, Chittagong................................ Appellant Vs. Khan Bahadur Khalilur Rahman being dead repreÂsented by his heir Sultamed and ors................ ...Respondent Judgment November 25, 1970. The B......ngal Municipal Act, 1932, section 525 There is no provision in the Bengal Municipal Act that a purchaser in a sale held under section 525 of the Act for realization of municipal tax purchases the property free from all encumbrances. If there is a valid mortgage subsisting at the time of the sale..Category: Banking Law | Date: | Hits: 230
Nazir Ahmad, Divisional Engineer, Telephones (Gulberg) Lahore Vs. Pakistan, 1973, 2 CLC (AD)
....J Nazir Ahmad, Divisional Engineer, Telephones (Gulberg) Lahore............... Appellant. vs. Pakistan, through the SecÂretary, Ministry of CommuÂnications, Government of Pakistan, Karachi and ors.................................................................Respondents Judgment J......al of the department for admission to the examination in the prescribed form, but in the case of such candidates who were in permanent Government employment an application had to be forwarded through proper channel to the head of the Circle of the department in whose Circle their office was situated..Category: Employment/Service Law | Date: | Hits: 103
Popular Biscuit Ltd Vs. Biximco Bremer Export Contor Brand, Repprecht Gmbh & ors, 2006, 35 CLC (AD)
....in J M.M. Ruhul Amin J Md. Tafazzul Islam J Popular Biscuit Limited...........................................Appellant Vs. Biximco Bremer Export Contor Brand, Repprecht Gmbh and others.................. Respondents Judgment June 28, 200......ther in the above application there is also no averment to the effect that the respondent Nos.3-6 are ready and willing to decide the dispute through arbitration and to do all things necessary for proper conducting of the arbitration proceeding. 4. The learned Subordinate Judge (Now Joi..Category: Business or Commercial Law | Date: | Hits: 94
Superintendent Eng. (Dist), PDB, Jangalia,Comilla Vs. Madhumita Cinema Ltd. & ors, 2002, 31 CLC (AD)
....nbsp; Superintendent Engineer (Distribution), Power Development Board, Jangalia,Comilla and others.………Appellants Vs. ...... under a registered will bequeathed to them the rights in the mortgage. The suit was dismissed by the High Court holding the plaintiffs had no locus standi to maintain the suit as the will was not properly attested. The plaintiff thereafter applied for probate and obtained it. The plaintiff ther..Category: Fiscal/Taxation Law | Date: | Hits: 122
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