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Mamudul Haque Chowdhury Vs. The District Judge, Chittagong & others, 1985, 14 CLC (AD)
....¦â€¦..AppelÂlant Vs. The District Judge, Chittagong & others …………………………….Respondents Judgment April 25, 1985. Result: The appeal is allowed. The Local Government (Union Parishad) (AmendÂment) Ordinance, 1983 (LI of 1983), Section 29 Respondent no.......llowed. The order of the Election Appellate Tribunal as well of the High Court Division is set aside and that of the Tribunal is restored. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 8...Category: Election Law | Date: | Hits: 152
Mst. Esarunnessa Bibi Vs. Md. Amir Hossain, 1985, 14 CLC (AD)
....ecover arrears of taxes, etc., by distress and sale of move-able property. Section 63 (3) Local GovernÂment Ordinance, 1976 reads as under: "Notwithstanding the provisions of sub-section (2), the Government may empower any local parishad to recover arrears of taxes, rates, tolls, fees and other ....... Judgment and order of the High Court Division are set aside and those of the Appellate Court below are restored. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 1. ..Category: Property Law | Date: | Hits: 59
Md. Sona Mia Vs. Collector of Customs, Chittagong and others, 1975, 4 CLC (AD)
....; Mahmud Husain, J.—In all these appeals a preliminary question arises for consideration and Mr. Ishtiaq Ahmed, learned Additional Attorney General for the Government contended that failure on the part of the appellants to serve notice on the Governm......d are functioning as such even after the establishment of this sovereign State followed by Proclamation of Independence, and so these appeals could proceed against those officers even without service of notice referred to above. In this connection Mr. Khondker referred to a passage in the c..Category: Business or Commercial Law | Date: | Hits: 81
Governor, Bangladesh Bank & others Vs. Shamsul Huda Khan and another, 1975, 4 CLC (AD)
....uq & another……………………....Respondents (In C.A. No. 28 of 1974) Judgment May 2, 1975. Cases Referred to- Md. Aboo Abdullah Vs. The Province of East Pakistan, 12 DLR (SC) 211; Government of West PakÂistan Vs. Fida Muhammad Khan, 12 D.L.R. (S.C.) page 50; the High Court, Calc...... contentions raised in these appeals the following facts and circumsÂtances may be kept in view. The erstwhile State Bank of Pakistan framed certain RegulaÂtions in 1956 to define the conditions of services of the Staff of the Bank (hereinafter referred to as "the Regulations"). On 1st January, 19..Category: Employment/Service Law | Date: | Hits: 87
Badal Rani Misra alias Badal Rani Goswami and others Vs. Bangladesh and others, 1975, 4 CLC (AD)
....iately. Plot 'A' marked in the sketch consists of plots Nos. 732, 733, 734, 694 and 737 only. As per order of the Chairman, the above plots be dereÂquisitioned....please communicate deciÂsions to Government for approval and endorÂsement. Derequisition notice be issued after obtaining Governmen......d. The case of Gordon, Dadds & co. supports the contention of the learned Attorney-General. There is accordingly no merit in this appeal which is dismissed but without any order as to cost. Ed. ..Category: Property Law | Date: | Hits: 48
Osman Gani Mondal Vs. Mainuddin Ahmed and others, 1974, 3 CLC (AD)
.... is dismissed. Lawyers involved: Md. Ansar Ali, Advocate, instructed by Mohammad A. Aziz, Advocate-on-Record. —For the Petitioner. Syed Ishtiaq Ahmed, Additional Attorney-General—For the Government. Civil Petition for Special Leave to Appeal No. 47 of 1973. (From the judgment and......d by the learned Additional Attorney-General thus sucÂceeds. This petition which was lodged on the 14th day of May, 1973 is dismissed. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 61. ..Category: Constitutional Law | Date: | Hits: 148
Bangladesh Enemy Property ManageÂment Board and ors. Vs. Md. Abdul Majid, 1975, 4 CLC (AD)
....whether having regard to the provisions of the President's Order No. 29 of 1972 and the fact that the ownership, dominion and control of the properties and assest of the firm came to be vested in the Government of BangÂladesh thereunder, the said Government was a necessary party in the application ......view of what have been stated above, the appeal is allowed and the judgment and order passed by the learned Judges of the High Court Division are set aside. There will be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 125
Government of Bangladesh Vs. Ahmed Nazir, 1975, 4 CLC (AD)
.... in the said Constitution. Ed. ......re under Article 98 of the Constitution challenging the legality of the orders passed by the said Municipal Corporation in so far as they were said to have affected the terms and conditions of his services adversely. In the said case the learned Judges were not called upon and, in fact, they did..Category: Criminal Law | Date: | Hits: 85
Solicitor, Government of Bangladesh Vs. Syed Sanwar Ali and others, 1974, 33 CLC (AD)
....is also Reported in: 27 DLR (AD) 16. ......y of the circumstances indicated in the preceding paraÂgraph can be shown to have rendered the proÂceeding relating to him coram non judice. Ed. This Case is also Reported in: 27 DLR (AD) 16. ..Category: Criminal Law | Date: | Hits: 104
Mazharul Huq Vs. Returning Officer & Circle Officer, (Dev.) Double Moorings, Ctg, 1975, 4 CLC (AD)
....tion of the Returning Officer. 6. We also heard the learned Attorney-General on the question raised by Mr. Pal. He argued that President's Order No. 22 of 1973 which is called the Bangladesh Local Government (Union Parishad and Paurashava) Order, 1973 (hereinafter referred to as Order No. 21) was......Writ Jurisdiction under Article 102(2) of the Constitution. In the result, the appeal is dismissed withÂout any order as to costs. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 11. ..Category: Election Law | Date: | Hits: 133
Abdur Rashid Vs. The State, 1975, 4 CLC (AD)
.... trial as one not according to law. 20. In the instant case the trial commenced on 6.4.70. Mr. Mujibur Rahman, an Assistant Public Prosecutor, was engaged to defend the accused-prisoner at Government expense on the date the trial commenced. Mr. Rashed contended that due to last moment ap......ping in the west Bhiti hut. It was likely that the prisoner would have asked his wife to serve him tobacco if at all, instead of asking his step-mother to serve him tobacco. No question as retards service of tobacco by his step-mother was put to the prisoner when examined under section 342 of th..Category: Criminal Law | Date: | Hits: 66
Sunil Kumar Biswas Vs. Mohammad Idris and others, 1981, 10 CLC (AD)
.... possessing the land till the whole-sale State acquisition of all rent-receiving interests on April 14, 1956 whereupon they being tenants in actual possession became tenants directly under the Government. Plaintiffs after the auction-purchase of the Karsha did not annul the Kol-karsha a......right of Kol-karsha. In the result, we do not find any substance in any of the contentions raised by Mr. Khondker. The appeal is, accordingly, dismissed with cost. Ed. ..Category: Property Law | Date: | Hits: 45
Md. Abdur Rouf and others Vs. Ahmuda Khatun and others, 1981, 10 CLC (AD)
....ws:— "81A. (1) Except as otherwise provided ill this part, the right and liabilities of a holder of non-agricultural land, who has become a tenant under the Provincial Government in respect of such land by virtue of the acquisition of the superior right in such la...... the tenancy who did not, therefore, appear before the Revenue Officer when he passed the order for splitting up of the jama, such order cannot be said to have been vitiated by such non-service of notice upon the appellants. Furthermore, even though no such notice has been served upon..Category: Property Law | Date: | Hits: 47
Bangladesh Freedom Fighters Welfare TrÂust Vs. Burhanuddin Chowdhury, 1981, 10 CLC (AD)
....ingly writ jurisdiction could not be invoked to impugn the order of termination. 6. It is admitted that the respondent is an employee of a private limited company whose shares vested in the Government and under the provisions of Article 5 of P.O, 16 the said company was placed......o Model Electrical Engineering Corporation, another abandoned concern, under the management of the appellant, as Sales Officer. The respondent having not joined his assignment on transfer, his service was terminated. 3. This order of termination was challenged by the respondent b..Category: Employment/Service Law | Date: | Hits: 112
A.S.A. Nur Vs. Registrar of Joint Stock Companies, Dacca, 1981, 10 CLC (AD)
.... petroleum products in the territories now comprising Bangladesh. (b) After emergence of Bangladesh all business and assets of the said Pakistan National Oil Limited vested in the Government of the People's Republic of Bangladesh under the Bangladesh Abandoned Properties (......rt of Appeal held that wholly owned subsidiary of the British Transport Commission was a separate legal entity. In that case the shares of an omnibus company which provided passenger road services in a district in South Wales were, by virtue of power contained in the Transport Act, 194..Category: Business or Commercial Law | Date: | Hits: 107
Md. Mafizuddin Patwari Vs. Abdul Hakim Miazi , 1978, 7 CLC (AD)
....th section 88A of the Bengal Tenancy Act. Section 88A of the Bengal Tenancy Act runs thus:— "88A. (1) Notwithstanding anything contained in section 88, where the Provincial Government is the sole landlord, the Revenue Officer, on application made to him by one or more co-s......ut this is essentially a question of fact whether all the co-sharers tenants were served with reasonable notice and opportunities were given for the hearing. Ext. D shows that notices were issued and service notices were duly filed. "There is no objection. Both parties present and produced rent..Category: Property Law | Date: | Hits: 48
Hasan Imam Chowdhury Vs. Govt. of BanglaÂdesh and others, 1981, 10 CLC (AD)
.... Counsel contended that having made the rule absolute the High Court Division was functious officio and the direction was unwarranted and uncalled for. 4. The Water Development Board of the Government of Bangladesh has not challenged tube impugned direction, but it is the appellant at who...... is directed against an order of the High Court Division in Writ Petition No. 196 of 1976. 2. Writ Petition No. 196 of 1976 was filed by the appellant challenging the order of termination of service and the rule was heard by a Division Bench of the High Court Division and the rule was mad..Category: Employment/Service Law | Date: | Hits: 101
Amanullah Bhuiyan and others Vs. Abdul Hafiz and ors, 1981, 10 CLC (AD)
....l Hafiz and ors…..........................Respondents Judgment March 17, 1981. Cases Referred to- Koshers Mohan Pal vs. Proves Chandra Manual AIR 1924 Cal. 351; Government of West Pakistan vs. Nazi Mohammad, (1967) 19 D.L.R (SC) 236— PLD 1967, S.C. 271; ......m the date the decree is drawn and signed or it becomes executable. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 1981 BLD (AD) 210. ..Category: Procedural Law | Date: | Hits: 106
Commissioner of Taxes & another Vs. M/s. Mullick BroÂthers, 1981, 10 CLC (AD)
....ontention and discharged the rub. Thereafter, by special leave the appeal was filed and this Court by its judgment allowed the appeal holding that the arrear tax assessed against the firm not being a Government debt before emergence of Bangladesh is not recoverable by any process of law. This Divisi......If as a result of proceeding declaration the ‘excess income’ is enhanced agreeÂment with the assesses, thereby creating a further demand, it shall be payable within a period of two months of the service of the Notice of Demand. No rebate shall, however be admissible. In case of default addition..Category: Fiscal/Taxation Law | Date: | Hits: 98
Sreemati Charubala Sen Gupta Vs. Abul Hashem and others, 1981, 10 CLC (AD)
....Code to be added as a party in the proceeding so as to contest the proposed grant of the probate alleging that the land under the Will had been declared "as a vested and non-resident property" by the Government under law and that the land was leased out to them by the Government and on that basis th......udge are set aside and the application for addition of party to the probate proceeding is dismissed without, however, any order as to costs. Ed. This Case is also Reported in: 33 DLR (AD) 254. ..Category: Property Law | Date: | Hits: 80
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