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Mofizur Rahman Khan Vs. Government of Bangladesh, 1982, 11 CLC (AD)
.... 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. ......ion of the Estate Officer. The Act of 1971 did not leave any such discretion and kept only one procedure alive putting retrospectively the other procedure out of action. The Supreme Court while upholding the constitutionality of this Act observed: "The validity of the 1971 Act depends on the..Category: Constitutional Law | Date: | Hits: 188
Abdul Halim Mollah @ Monohar Mollah & anr Vs. Member, App Tribunal Dacca & ors., 1982, 11 CLC (AD)
....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. ......ity Act 52, the Public Safety Ordinance 58 and the Bangladesh Schedule Offences (Special Tribunal) Order 1972(P.O. 50 of 1972). It is legitimate in interpreting an enactment to see the law that was holding the field previously and what manner it has been repealed. P.O. 50 of 1972 provides ap..Category: Criminal Law | Date: | Hits: 40
Bangladesh Vs. Md. Matiur Rahman, 1982, 11 CLC (AD)
....ourt Division is set aside and the Writ Petition is dismissed with the modification that; the punishment is altered to compulsory retirement. No order as to costs. Ed. ......s a major penalty yet the respondent it seems cannot get the relief for which he came before the Court of law. To my mind the charge proved calls for a minor punishment, namely, censure or withholding of promotion for a specified period. It is interesting that Rule 4(2) (d) provides for reco..Category: Employment/Service Law | Date: | Hits: 87
Commissioner of Income Tax Vs. Chowdhury Ramzan Ali and another, 1982, 11 CLC (AD)
....ed without any order as to costs. The orders of the Court below are set aside, the proceedings of claims of the appellant before the Company Judge will proceed according to law. Ed. ......sion Bench of the High Court which dismissed the appeal. 3. Leave was granted to consider substantial questions of law involved in the case, namely, whether the High Court was wrong in holding that provisions of section 10(1)(vii) was not attracted, whether the High Court was wrong i..Category: Fiscal/Taxation Law | Date: | Hits: 85
Rokeya Khatun Vs. Alijan @ Alijan Bepari and ors., 1982, 11 CLC (AD)
....he modification that the suit is decreed in part in favour of the appellant to the extent of the 1/3 rd share in the suit property. Respondent No. 1 is to pay cost of the appeal. Ed. ......fzan Bibi in favour of her younger son respondent No. 2. Mahtabuddin Miah, Leave was granted to examine the question whether the learned Judge of the High Court Division was correct in holding that a subsequent transferee from a person claiming benefit under a document executed ..Category: Property Law | Date: | Hits: 57
....persona! hearing has, in any way, prejudiced the respondent.
For the reasons stated above, the appeal is allowed but without any order as to costs.
Ed.
This Case is also Reported in:
......al enquiry will be as laid down hereunder in Statutes 7, 8 and 9.
7. When an employee of the University is charged with an offence the maximum penalty for which is dismissal the procedure for holding and enquiry shall be as follows:
(a) A charge-sheet shall be presented to the delinquent..
Category: Employment/Service Law | Date: | Hits: 109
Khondker Moshtaque Ahmed Vs. Bangladesh, 1982, 11 CLC (AD)
....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. ......quirement of the law it that the accused mutt be produced before a Magistrate after his arrest but the appellant was not produced before any Magistrate. Sec. 167 of the Code of Criminal Procedure was holding the field and the Regulation 2(a) was promulgated on 28-12-1976 that is after a month. Secti..Category: Criminal Law | Date: | Hits: 287
Haji Tajamal Ali being dead his heirs: Kamarunnesa & ors. Vs. Abdus Sattar & ors, 1982, 11 CLC (AD)
.... contiguous to the pre-emptor's land lie is entitled to pre-empt the entire block. One of the purposes for allowing pre-emption to a contiguous land holder appears to help enlarge small uneconomic agricultural holdings in the country by consolidation and amalgamation. In a case like the instant ...... contiguity. His claim was accepted by the High Court Division but was rejected in appeal by this Division. Facts are that under a sale-deed five different plots of land belonging to five different holdings and recorded under five different Khatians, were transferred. Those plots were themselves ..Category: Property Law | Date: | Hits: 66
Bangladesh & others Vs. A. K. M. Zahangir Hossain, 1981, 10 CLC (AD)
.... member of the said 'disciplined force' if he has been illegally dismissed, removed, discharged, reduced in rank or compulsorily retired. Ed. This Case is also Reported in: 34 DLR (AD) 173. ......urpose. Except these limitations for the rest of the service conditions of the subordinate police officer, he comes within the description of the definition of a person in the service of the Republic holding a civil post. These two aspects are required to be dealt with separately. Since the second..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. ......80. 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 them to move a motion of no confidence against the Chairman. Am..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. ......e election result. 21. Purpose of law is to elect the people representative through election process. It is the verdict of the people that the law wants to uphold. The question is whether in holding the election there had been any infraction of election rules, which may have affected the ..Category: Election Law | Date: | Hits: 121
Haripada Biswas Vs. State & another, 1982, 11 CLC (AD)
.... the decision of the High Court Division Is set aside and the proceedings in Criminal Miscellaneous Case No. 687 of 1978 of the Court of Sessions Judge, Bakerganj are hereby quashed. Ed. ......n criminal revision for quashing of the proceedings under section 561 A of the Code of Criminal Procedure. The learned Judges discharged the Rule in Criminal Miscellaneous Case No. 687 of 1978 holding that section 435 Criminal Procedure Code has given ample powers to the Sessions Judge for ..Category: Criminal Law | Date: | Hits: 61
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: ......as retired from active service under the Reorganisation Act, 1920. Mandamus was allowed by the trial Court, but was reversed by the Court of appeal and this reversal was upheld by the Supreme Court, holding that the action of the President giving effect to the order of the Secretary of War, was in ..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: ......e defendants had when making the contract that delay in delivering the boiler would result in loss of business, indeed, it would seem that there was more than even chance and there was nothing new in holding that the damages should be estimated, on a conjectural basis. This House had approved of tha..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)
....vidends thereon, Assets has been defined in section 2(e): (e) "assets" includes property of every description movable or immovable but does not include— (i) agricultural land and growing crops, grass or standing trees on such land; (ii) any buildi......sion under section 27 of the Wealth Tax Act which is as under: "Whether on the facts and in the circumstances of the case the Income Tax Appellate Tribunal was justified in holding that the rental income of the assessee was income derived from business activities and whe..Category: Fiscal/Taxation Law | Date: | Hits: 78
Commissioner of Income Tax Vs. Mrs. Masuda Khatun, 1982, 11 CLC (AD)
....of Premier Construction Company Ltd. vs. I.T.Commissioner, Bombay, A.I.R, 1949 (P.C), 20 the Privy Council considered that the remuneration under a contract for personal service out of the money of agricultural income of the employer is not exempt because the remuneration was not an agricultural......; 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..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. ......ut 600 bighas of paddy lands in his native village at Kamarkhali now within the district of Faridpur. This property is still there with Wazidur Rahman. Kanchan Munshi had three houses at the three holdings at 25, 23A and 23B, Dum Dum Road, Calcutta. There are pucca houses and No. 25 holding was ..Category: Property Law | Date: | Hits: 448
Habibur Rahman Vs. The State, 1982, 11 CLC (AD)
....retrial is set aside and the order of the Special Tribunal dated 1-8-1975, allowing the withdrawal is restored. Consequently the petitioner stands acquitted under section 494 Cr.P.C. Ed. ......ial Law Regulations by the order of the Special Tribunal it in the Special Tribunal which is competent to try them afresh. 9. Next question is, whether the order of the Special Tribunal for holding fresh trial of these two cases 'by vacating its earlier order allowing withdrawal thereof i..Category: Criminal Law | Date: | Hits: 46
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. ......en proceeded to call a general meeting of the Company bat at that stage Rahimuddin Ahmed filed Title Suit No. 259 of 1973 in the same Court of the Munsif, and obtained temporary injunction against holding of the meeting with Zohura Khatun. In the course of this litigation. Rahimuddin Ahmed for t..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. ......g Orders) Act, 1965 and accordingly granted the prayers. The decision of the Labour Court was challenged by way of writ petition by the DIT. The High Court Division summarily dismissed the petition holding that the employees of the DIT had come within the definition of worker under the Employment ..Category: Labour and Industrial Law | Date: | Hits: 108
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