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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. ......ntioned in section 13 of the Ordinance having not been complied with by the authority concerned the removal of respondent no. 1 from the office of the Chairman was not in accordance with Law. The provisions of section 13 may be quoted below: "13. Removal of members, etc of Uni..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)
.... depositing the election materials and the result sheets with the Returning Officer and that too without any escort, it is difficult to accept that the election was fair. When non-compliance of the mandatory rules of election it established, the person complaining non-compliance of the rule is n...... 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
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. ......of our finding that the impugned inquiry came within the purview of section 435 of the Code, we do not think it is further necessary to decide whether the Sessions Judge has apart from the provisions of the Code, any general powers of supervision or control over the Magistrate. The..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: ......stitution, that other law shall, to the extent of the inconsistency, be void. Also Part III, which deals with Fundamental Rights, in Article 26(1) says, that all existing laws inconsistent with the provisions of this part shall, to the extent of such inconsistency, become void on the commencement ..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: ......61. Section 5 of the 1920 Act was wider than section 6 of Act, 1861. 12. Then again section 5 of 1920 Act was repealed by section 226 of the Supreme Court of Judicature Act 1925 but re-enacted the provisions of the section by section 22(1)(a) (XIII), 13. Thereafter by s. 49 of the Administra..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. ......s not established that the plots in question came within the definition of hat or bazar as provided in section 2(12) of the State Acquisition Act and, therefore, acquirable under its provisions. He produced a map prepared by the Government and showed that the appellant's plot..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. ......ned and occupied by assessee is excluded. Net wealth is defined as under (m): (m) "net wealth” means the amount by which the aggregate value computed in accordance with the provisions of this Act of all the assets, wherever located, belonging to the assessee on the valua..Category: Fiscal/Taxation Law | Date: | Hits: 78
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. ...... 3. Mr. Mahmudur Rahman appearing for the Revenue canvassed that the learned Judges did not consider that in determining the value of the assets the Wealth Tax Officer while taking recourse to the provisions of section 7(2) (a) of the Wealth Tax Act can make such adjustment in valuation given in..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. ......come" means total amount of income, profits and gains referred to in sub-section (1) of section 4 computed in manner laid down in the Act. 7. Section 4 provides that subject to the provisions of the Act, the total income of any previous year of any person includes all incom..Category: Fiscal/Taxation Law | Date: | Hits: 75
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. ......minal Procedure, 1898 for summary trial of summons eases. Regulation 8 provides that the provisions of the criminal procedure, so far only as they are applicable and not inconsistent with the provisions of any Martial Law Regulation or Order shall apply to the proceedings of Marti..Category: Criminal Law | Date: | Hits: 46
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. ......ot be termed as a worker of either any "commercial establishment" or "industrial establishment." On the other hand, the scheme of Town Improvement Apt shows that for the purpose of carrying out the provisions of that Act, a Board is to be formed called Dacca Improvement Trust and such Board shall ..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. ......rgument is of substance in that the Government had power under this statutory provision to take possession of the property on the determination of the lease, if the determination was lawful and the provisions of section 3 of the Ordinance were fully complied with. We find that none of ..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:......ial leave arises out of a judgment of a Bench of the High Court Division in Writ Petition No. 222 of 1973 dated 1st September, 1977. Leave was granted for examining the question as to whether the provisions of the Urban Immovable Property Tax Rules, 1957 and also whether the said Rules could be ..Category: Fiscal/Taxation Law | Date: | Hits: 76
James Finlay and Co. Ltd. Vs. Chairman, Second Labour Court, Dacca and another, 1981, 10 CLC (AD)
....e were not maintainable, was justified in treating the said applications as ones under sec. 25 of the Employment of Labour (Standing Orders) Act of 1965, without coming to a finding that the mandatory requirements of the said section were complied with or not." 7. From the......inition of the word 'worker’ as provided in the Ordinance as well as its object, scheme and other provisions. Two decisions which considered the definition of 'worker' and other relevant provisions along with the scheme and object of the Ordinance have already found the existence of su..Category: Labour and Industrial Law | Date: | Hits: 91
Profulla Kumar Chakraborty Vs. Anil Proshad Chowdhury and others, 1981, 10 CLC (AD)
....f default as set out in Ramjan Ali's case. Looked at from any standpoint, the defence of the tenant appellant does not stand. For the reasons stated above the appeal is dismissed with cost. Ed. ...... payment of rent granted by the Ordinance is clearly taken away by the express language of sub-section (5) of section 18, In that decision it has also been held that enquiry about compliance of the provisions of the statute may call for consideration of facts at each point. There may be a case of ..Category: Tenancy Law | Date: | Hits: 116
Promode Ranjan Saha and others Vs. Govt. of Bangladesh and another, 1981, 10 CLC (AD)
.... President's Order No. 90 of 1972 and accordingly, the appeal and the suit have abated. The appeal is accordingly dismissed it having abated but without any order as to costs. Ed. ...... operation of this Order, notwithstanding earlier view of the law on the subject a pending proceeding seeking to challenge or call in question the acquisition of any property under any of the provisions of the State Acquisition and Tenancy Act shall abate and no proceedings shall be institu..Category: Property Law | Date: | Hits: 66
Alhaj Md. Serajuddowlah Vs. The State, 1991, 20 CLC (AD)
....etitioner summarily. In the result, therefore, this appeal is allowed and the impugned proceeding pending in the Court of the Chief Metropolitan Magistrate, Dhaka is quashed. Ed. ......etitioner summarily. In the result, therefore, this appeal is allowed and the impugned proceeding pending in the Court of the Chief Metropolitan Magistrate, Dhaka is quashed. Ed. ..Category: Criminal Law | Date: | Hits: 51
Mst. Qaiser Khatoon and 12 others Vs. Mvi. Abdul Khaliq and others, 1973, 2 CLC (AD)
....ing his report a final decree for possession will have to be drawn up. Since success is divided each party will bear his own costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 104. ......the custom which he seeks to apply, if he fails to do so clause (b) of section 5 of the Punjab Laws Acts applies, and the rule of decision must be the personal law of the parties subject to the other provisions of the clause. It is not sufficient to show that in regard to certain other matters the..Category: Civil Law | Date: | Hits: 117
Bangladesh Vs. Abdul Wadud and ors., 1973, 2 CLC (AD)
....ne the claim of the plaintiff before such suit is filed and that such a notice can also be waived by the authority. Notice under section 80 C. P.C. was mandatory before 1968 but it is no longer a mandatory provision in view of the substitution of the said section by Ordinance XLIV of 1962 (Code ......cree were lacking in the facts and circumstances of the case and that the learned Judges of the High Court erred in holding that no ground could be pressed to show as to how the decree was hit by any provisions of law and that the learned Judges ought to have held that the decree suffered from inher..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. ...... 7. According to section 3 of the Ordinance in every Industrial or Commercial establishment conditions of the employment of workmen and other incidental matters shall, subject to the other provisions of this Ordinance, be regulated in accordance with the Standing Orders. The provision of ..Category: Labour and Industrial Law | Date: | Hits: 107
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