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Md. Enayet Ali Vs. Munsif of First Court at Khulna & Election Tribunal and others, 1982, 11 CLC (AD)

.... the elec­tion materials were found at his residence or at the centre. He disappeared and after two days be was arrested by the police on a complained filed by the Elec­tion Officer-cum Assistant Returning Officer, Khulna in Khulna P.S. Case No, 52 dated 16-8-77 under M.L.R. 17/75 ; ...... the petitioner secured 40,265 votes; (b) election was vitiated on account of violation of rules 37, 38 and 39 of the Paurashava Election Rules, (c) according to rule 39 the Presiding Officer is required to seal all papers connected with the election and put them in separ......itioner secured 40,265 votes; (b) election was vitiated on account of violation of rules 37, 38 and 39 of the Paurashava Election Rules, (c) according to rule 39 the Presiding Officer is required to seal all papers connected with the election and put them in separate packet..

Category: Election Law | Date: | Hits: 121

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: ......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: ......ober 29, 1946, the day before he should have reported under his orders of recall, he left the country, and for two years evaded arrest until, on October 9, 1948, he was arrested at Antwerp by British Officers acco­mpanied by two Belgian Police officers. Having been detained in a police station in A..

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: ......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: ......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: ..

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. ......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. ......appeal arises from the Judgment of a Bench of the High Court Division passed in Writ Petition No. 18 of 1970. 2. The appellant challenged the validity of an order passed by the Circle Officer, Revenue, Satkhira, Khulna, Respondent No. 4 on July 18, 1969. The impugned order is in ..

Category: Property Law | Date: | Hits: 61

Commissioner of Taxes, Ctg Zone, Ctg Vs. M/s Free School Street Properties, Ltd, 1982, 11 CLC (AD)

.... Wealth Tax: Provided further that where the capital value of such property has not been so determined, the Wealth Tax Officer shall not accept with the prior approval of the Inspecting Assistant Commissioner of Wealth Tax, adopt a value higher than a sum equal to ten times the gro...... 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. ......uted it to its share holders. The High Court Division took the view that it is a kind of trade as contemplated in the definition of a business in section 2(4) of the Income Tax Act. The Wealth Tax Officer and the Appellate Commissioner took the view that the property of the assessee company shou..

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. ......ff. As regards disturbance of possession which led the first party to resort to the drawing up of criminal proceedings the Magistrate found It true and after drawing up of the proceedings appointed Officer-in-Charge of the local police station the receiver. The police report disclosed that both t..

Category: Criminal Law | Date: | Hits: 39

Commissioner of Income Tax, Dacca Vs. Adamjee Sons Ltd., 1982, 11 CLC (AD)

....ssment year 1963/64 on a total sum of Tk. 2,96,61,282/- by an order dated 14.6 1968 as against the net sum of Tk. 1,55,93,612/-as shown  by the assesses in his return. On appeal the Appellate Assistant Commissioner allowed the appeal in part and deleted the addition made on account of reval......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. ......ected against the judg­ment and order of the High Court Division in an application under section 27 (1) of the Wealth Tax Act, 1972. The respondent was assessed to Wealth Tax by the Wealth Tax Officer, Companies Circle (I), Dacca for the assessment year 1963/64 on a total sum of Tk. 2,96,61,..

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. ......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. ......an Jute Mills, an undertaking which was enjoying tax holiday under sec­tion 15-BB of the Act. The assessee claimed that these dividends were exempt from tax in his hand also but the Income Tax Officer rejected the contention and included in his assessment under section 23(3)/34 of the Act th..

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. ......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. ......t) raised objection after long 9 years. I cannot go against these finally published records unless it will be declared by the Court of judicature as "Benamdar". The Revenue Officer by his order dated 30.10.63 accorded sanction to the sub-division of the holding. It does ..

Category: Property Law | Date: | Hits: 448

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. ......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. ......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. ..

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. ......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. ......oluntarily surrender possession D.F.O. South Kheri vs. Ram Sanchi, the respondent purchased the right to cut timber for certain period from the forest Malini and Gola Ranges. The Divisional Forest Officer some time thereafter cancelled by an order as sleepers against the tally in the earlier al..

Category: Property Law | Date: | Hits: 53

Assessing Officer, Narayangonj Range and others Vs. Burmah Eastern Ltd., 1981, 10 CLC (AD)

....€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦...Respondents Judgment January 22, 1981. Result: The appeal is dismissed. Lawyers Involved Abdus Sobhan Additional Attorney General, Matiur Rahman, Assistant Attorney General with him, instructed by B. Hossain, Advocate on-Record (absent)—For the......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:...... without cost. Ed. This Case is also Reported in:..

Category: Fiscal/Taxation Law | Date: | Hits: 76

GM, Bangladesh Tea In­dustry Management Committee Vs. F.H. Chowdhury & anr, 1982 , 11 CLC (AD)

....it Petition No. 400 of 1978. 2. Respondent F. H. Chowdhury challen­ged the order of transfer of his service to M/S. United Planters and Traders Ltd. His case was that he was appointed as Assistant Manager under Bangladesh Tea Industry Management Committee (hereinafter referred to as B.......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 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. ..

Category: Employment/Service Law | Date: | Hits: 92

Shamsul Alam Vs. Superintendent of Police, Bangladesh Railway and other, 1981, 10 CLC (AD)

.... J.- The petitioner is an Assis­tant Sub-Inspector of Police and he unsuccess­fully called in question, the order of his reversion from the position of Officiating Sub-Inspector to that of Assistant Inspector in a Writ petition before the High Court. The High Court held against him and M......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. ......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. ..

Category: Employment/Service Law | Date: | Hits: 83

James Finlay and Co. Ltd. Vs. Chairman, Second Labour Court, Dacca and another, 1981, 10 CLC (AD)

....strial dispute, the company ini­tiated two separate proceedings against him on some baseless charges, it is alleged. In the first proceeding, the allegation revealed that he prevented Mr. Alvi, Assistant Manager, from leaving the office for his house and had also prevented his car from moving......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. ......e Assistant Manager and despite his asking the employee to return the Attendance Regis­ter the employee refused to return it. 36. The employee denied the charges be­fore the Inquiry Officer in both the procee­dings. His case, inter alia, was that in Febr­uary 1973 he met t..

Category: Labour and Industrial Law | Date: | Hits: 91

ABM Quabil Ahmed Vs. Bangladesh, 1991, 20 CLC (AD)

....nce of the petitioner that impelled him to file this petition. We find no substance in this petition and it is, accordingly, dismissed. Stay granted by this Court earlier is vacated. Ed. ......nce of the petitioner that impelled him to file this petition. We find no substance in this petition and it is, accordingly, dismissed. Stay granted by this Court earlier is vacated. Ed. ......nce of the petitioner that impelled him to file this petition. We find no substance in this petition and it is, accordingly, dismissed. Stay granted by this Court earlier is vacated. Ed. ..

Category: Procedural Law | Date: | Hits: 128

Lutfar Rahman Vs. State, 1973, 2 CLC (AD)

....of the Union Council. Anti-Corrup­tion Department made preliminary enquiries and filed F.I.R. and after investigation sub­mitted charge-sheet against the accused per­sons. The case was tried by an Assistant Sessions Judge and Ex-officio Special Judge of Jessore before whom the appellant was accus......tion and sentence passed against the appellant under section 420 of the Penal Code are set aside and he is discharged of the bail bond. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 102 ......tion and sentence passed against the appellant under section 420 of the Penal Code are set aside and he is discharged of the bail bond. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 102 ..

Category: Criminal Law | Date: | Hits: 84

Bangladesh Vs. Naziruddin Ahmed, 1973, 2 CLC (AD)

....f the High Court are reversed. The plaintiff's suit is dismissed. In the circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 94. ......f the High Court are reversed. The plaintiff's suit is dismissed. In the circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 94. ......to the suit may be summarized as follows: The plain­tiff Mr. Naziruddin Ahmed was a member of the East Pakistan 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 erst­while Province of East Pak..

Category: Administrative Law | Date: | Hits: 106

Bangladesh Vs. Abdul Wadud and ors., 1973, 2 CLC (AD)

....s remanded to the trial Court for disposal in accordance with law. In the circumstances of the case there will be no order as to cost. Ed. This Case is also Reported: 25 DLR (SC) (1973) 90. ......s remanded to the trial Court for disposal in accordance with law. In the circumstances of the case there will be no order as to cost. Ed. This Case is also Reported: 25 DLR (SC) (1973) 90. ......aforesaid excess work was duly approved by the defen­dant No. 6 on 15.6.62...and the plaintiff was also verbally informed about the same through by Memo. No. 1533 dated 11.6.62 the Sub-Divisional Officer, C & B...directed the plaintiff to stop earth working in bridge approach....and submitted t..

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. ...... 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. ...... 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. ..

Category: Labour and Industrial Law | Date: | Hits: 107