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General Manager Jamuna Oil Company Ltd. Vs. Golap Rahman & another, 1982, 11 CLC (AD)
....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. ......any managerial or supervisory function. They also held that omission to consult a member did not vitiate the decision of the Labour Court. The Petitioner company moved this Court and obtained leave to consider three points, namely,— "1. The respondent is not covered ..Category: Labour and Industrial Law | Date: | Hits: 97
Bangladesh Vs. Winifred Rubi & ors., 1982, 11 CLC (AD)
....tly and vitally concerned." The Privy Council observed: “Prima facie the Government are good Judges of that. They are not absolute Judges. They cannot say 'Sicvolo sick Jubeo' but at least a Court could not easily hold them to be wrong.” Then n......petition No. 43 of 1978.) Judgment: Badrul Haider Chowdhury J.- This appeal by special leave is directed against the judgment of the High Court Division of Writ Petition No. 43 of ..Category: Property Law | Date: | Hits: 65
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 are of the opinion that the election result has been materially affected for non-observance of Rules 37. 38 and 39 of the Paurashava Election Rules" 8. Petition for special leave to appeal was filed contending that there were no materials to show that there was any infra..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. ......er dated 13.12.1979 by the High Court Division in Criminal Revision No. 539 of 1978). Judgment: Badrul Haider Chowdhury J.—This appeal by special leave arises out of a judgment and order passed by the High Court Division in Criminal Revision No...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: ...... W. Bhuiyan, Sohrab Ali, Md. Moksudur Rahman, Deputies Attorney-General, instructed by B. Hossain, Advocate-on-Record—For the Respondents (In all the Petitions). Criminal Petition for Special leave to Appeal Nos. 65 to 76 of 1981. (From the Judgment and Order dated 7-9-1981 passed by the..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: ....... (From the Judgment and Decree dated 1st December 1980 passed by the High Court Division in Admiralty Suit No. 1 of 1978). Judgment Badrul Haider Chowdhury J.—These appeals by special leave are directed against the judgment and decree passed by the Admiralty Court of the High Court D..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. ......enancy Act, 1950 read with Ordinance No, 12 of I960” 7. Being aggrieved by the judgment of the High Court Division the appellant moved this Court and obtained leave to consider whether the properties in question being situated within the periphery of ..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. ......55 of 1972.) Judgment: Badrul Haider Chowdhury J.—This is an appeal by special leave by the Revenue against the judgment and order of the High Court Division in Application..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. ......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. ..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. ......Application No. 9 of 1975. Judgment: Badrul Haider Chowdhury J.—This appeal by special leave is directed against the judgment and order of the High Court Division in an application ..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. ......ication No, 51 of 1972). Judgement: 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..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. ......iginal Decree No. 140 of 1965). Judgment: Ruhul Islam J.—This appeal by special leave arises from the judgment and decree of the High Court Division in First Appeal No. 140 of 196..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. ......8 and 119 of 1979 respectively). Judgment: Ruhul Islam J.—These two appeals by special leave arise from the judgment of the High Court Division dated December 4, 1979 refusing to interfe..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. ......hatred, and it was just and equitable that the company should be wound up. Against the aforesaid decision of the High Court Division the appellants preferred the present appeal and obtained leave. Respondent No. 1 Rahimuddin Ahmed and respondent No. 2 Shilpa Rin Sangstha entered ap..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. ......l No.67 of 1980. (From the judgment and order dated 23.6.79 passed by the High Court Division in Writ Petition No. 59 of 1978). Judgment Badrul Haider Chowdhury J.-This appeal by special leave is directed against the order of the High Court Division in Writ Petition No. 59 of 1979 rejec..Category: Labour and Industrial Law | Date: | Hits: 108
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:......of 1980. (From the judgment and order dated September 1. 1977 passed by the High Court Division in Writ Petition No 222 of 1973). Judgment Chowdhury A.T.M. Masud J.-This appeal by special leave arises out of a judgment of a Bench of the High Court Division in Writ Petition No. 222 of 197..Category: Fiscal/Taxation Law | Date: | Hits: 76
GM, Bangladesh Tea Industry Management Committee Vs. F.H. Chowdhury & anr, 1982 , 11 CLC (AD)
....t the relationship between the parties was that of Master and Servant may not be unqualified. In the result, therefore, this appeal is dismissed without any order as to costs. Ed. ......t Division in Writ Petition No. 400 of 1978.) Judgment: Badrul Haider Chowdhury J.-This appeal by special leave is directed against the judgment and order of the High Court Division in Writ Petition No. 40..Category: Employment/Service Law | Date: | Hits: 92
Sonali Bank Vs. Abdul Mannan and others, 1981, 10 CLC (AD)
....ecame a debtor. The High Court Division has rightly issued the writ. In the result, therefore, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: ......of 1980. (From the judgment and order dated 5th June 1980 passed by the High Court Division in Writ Petition No. 397 of 1978). Judgment Badrul Haider Chowdhury J.—This appeal by special leave is directed against the judgment of the High Court Division in Writ Petition No. 397 of 1978..Category: Banking Law | Date: | Hits: 129
Shamsul Alam Vs. Superintendent of Police, Bangladesh Railway and other, 1981, 10 CLC (AD)
....ting period without any other fact or circumstances does not confer on the person so officiating any substantive right. In this view of the matter this petition is dismissed. Ed. ......enior Advocate, with M.A. Baqui Mallik, Advocate, instructed by M.R. Khan, Advocate-on-Record—For the Petitioner. Not represented.—Respondents. Civil petition for special leave to appeal No. 23 of 1977. (From the Judgment and order dated 13th July, 1978 passed b..Category: Employment/Service Law | Date: | Hits: 83
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. ......Court held that the Labour Court acted illegally. Its order was, therefore, declared to have been made without lawful authority and as being of no legal effect. The employee obtained special leave from this Court on the following submissions made by his counsel, Mr. T.H. Khan. The submissi..Category: Labour and Industrial Law | Date: | Hits: 91