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Sonali Bank Vs. Taxation Officers, Urban Immovable Property Tax, 1979, 8 CLC (HCD)

....ard to the facts and circumstances of the case we make no order as to costs. Abdur Rahman Chowdhury J.-I agree. Ed. This Case is also Reported in: 31 DLR (1979) 414.   ......the payments of taxes as set out above for the respective assessment years have not been controverted by the respondents. The learned Counsels for the respondents have frankly stated that they do not dispute the aforesaid figures as given by the petitioner. It is also not disputed that the Model Tax..

Category: Fiscal/Taxation Law | Date: 31 May, 1979 | Hits: 1

Serajul Mostafa Vs. Ali Ahmed Sikder & others, 1979, 8 CLC (HCD)

....of in terms of the compromise which will form part of the order of this Court. There will be no order as to posts. This Case is also Reported in: 1 BLD (HCD) (1981) 80.     ......f the transferee vests in the petitioner, if he is successful and as such the order passed in a preemption proceeding con­clusively determines the rights of the parties with regard to the land in dispute and as such this is an original proceeding and the determina­tion of the right of the pa..

Category: Civil Law | Date: 5 Apr, 1979 | Hits: 1

Shamsuddin Hyder Vs. Mr. M. S. Khan, Addl. District Magistrate & others, 1979, 8 CLC (HCD)

....unsel appearing for the petitioner has assailed the impugned order firstly; on the ground that the petitioner being the Registered Clerk of a Mukhtear could not be declared as tout; secondly that the resolution adopted in the general meeting of the Mukhtear Bar Association declaring the petitioner a......ut having regard to the facts and circumstances of the case, there will be no order as to costs. A.T.M. Afzal J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 303 ..

Category: Constitutional Law | Date: 7 Mar, 1979 | Hits: 3

Sonali Bank and others Vs. Abdul Barek Sarder & another, 1979, 8 CLC (HCD)

.... without any lawful authority and of no legal effect and is set aside. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 240   ......ection 2 of the Ordinance. He has contended that a worker after being dismissed or removed from service and his dismissal or removal from service not having any relation with any industrial dispute cases to be a worker for the purpose of any proceeding under the Ordinance and as such he ca..

Category: Banking Law | Date: 7 Mar, 1979 | Hits: 1

Chowdhury Md. Yusuf Vs. Bangladesh Biman, 1979, 8 CLC (HCD)

....ess at Tk. 500/- in each. Prayer for leave to appeal in all the cases is refused. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 199. ...... 41. The petitioners are entitled to a show cause notice or what is called 'prehearing' before they are dismissed from service or their service is terminated. 13. Mr. A R. Yusuf does not dispute this principle of law as inundated by the Appellate Division but he contends that mere termi..

Category: Administrative Law, Constitutional Law | Date: 19 Jan, 1979 | Hits: 2

A.H.M Abdul Hai Vs. Bangladesh and others, 1978, 7 CLC (HCD)

....s made absolute, however, without any order as to costs. Shahibuddin Ahmed J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 88       ...... has referred to a case reported in 21 DLR (SC) page 238 (Pakistan Vs. Md. Nimayamatullah Farukh) in that case the lordships of the Supreme Court of Pakistan held: “There can hardly be any dispute with the rule as laid down in this case that apart from the provisions of section 21&nb..

Category: Administrative Law, Employment/Service Law | Date: 23 Nov, 1978 | Hits: 8

Rahimuddin Ahmed Vs. Bengal Water Ways Ltd. and another, 1978, 7 CLC (HCD)

....and profit and loss accounts were submitted but the petitioner did not attend these. As to the amended Memorandum and Articles of Association, it has been contended that the amendments were made by a resolution of an extraordinary General Meeting of the shareholders held on 5-10-62 in which the peti......ts; it is, however, difficult to determine whether the amended Memorandum and Articles of Association was introduced fraudulently by respondent No. 1 but the petitioner may seek remedy elsewhere; the dispute as to transfer of shares of Mrs. Zohura Khatun and her election as an Additional Director ca..

Category: Company Law, Corporate Law | Date: 28 Jul, 1978 | Hits: 6

Md. Shahjahan and another Vs. Haji Yeaqub Ali Chowdhury and another, 1978, 7 CLC (HCD)

.... Sub-Divisional Magistrate, Sadar (North) Chittagong. In the result, the Rule is made absolute. Abdul Malek J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 63 ......ey, therefore, cannot be said to have been entrusted with the petitioners. If the petitioners fail to supply the goods contracted or refund the money they may be liable for breach of contract and the dispute would he one of civil nature, but it cannot be said that they have committed criminal breach..

Category: Criminal Law | Date: 25 Jul, 1978 | Hits: 1

Anwarul Huq Khan Vs. Govt. of Bangladesh and others, 1978, 7 CLC (HCD)

....er in rank than the petitioner to hold the enquiry. No order as to costs. Abdul Matin Khan Chowdhury J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 21   ...... to the post of Deputy Secretary is an order of reduction in rank without notice arid as such is violative of Article135 Mr. Anwarul Hoque Chowdhury, the learned Deputy Attorney-General does not dispute that if the order of reversion amounts to an order of reduction in rank then it is hit by Ar..

Category: Civil Law, Employment/Service Law | Date: 19 Jul, 1978 | Hits: 1

Moulana Syed Ahmed Vs. Nurul Islam & others, 1978, 7 CLC (HCD)

....e learned Magistrate is directed to proceed with the case in accordance with law. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 13. ......that he has been in possession of the land mentioned in the petition and that he grew paddy therein and that there has been apprehension of breach of peace by the 2nd party over the possession of the disputed land and harvesting of paddy there from. The 1st party, therefore, prayed for taking necess..

Category: Criminal Law | Date: 18 Jul, 1978 | Hits: 1

Keramat Ali Talukdar Vs. Election Tribunal and Munsif, 6th Court, Barisal and ano¬ther, 7 CLC (HCD)

....is set aside. In the circumstances of the case we do not pass any order as to costs. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 1 ......muneration is 10% of his total collection; as such he is not a person in the service of the Republic. It may be noted that "Service of the Republic" means government-service and there is no dispute that these two terms, "a person in the service of the Republic" as defined in Arti..

Category: Election Law, Property Law | Date: 18 Jul, 1978 | Hits: 5

R.R. Textile Mills Ltd. & others Vs. Din Mohammad & others, 1978, 7 CLC (HCD)

....nt back to the Labor Court for disposal according to law. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 346.     ......nt back to the Labor Court for disposal according to law. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 346.     ..

Category: Labour and Industrial Law | Date: 5 Jul, 1978 | Hits: 3

Zauz Ali Molla Vs. Fatema Bibi and others, 1978, 7 CLC (HCD)

....d Munsif is directed to proceed with the partition suit according to law. Send down the records expeditiously. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 424.   ......e after a long lapse of 43 years. The learned Munsif, however, noticed an order dated 16.4.31 striking off the suit for non-compliance of certain order of the Court. 2. At this stage there is no dispute that one Mariam Bibi instituted Title Suit No. 788 of 1929 in the 2nd Court of Munsif at Bag..

Category: Property Law | Date: 20 Jun, 1978 | Hits: 3

A. K. Mujibur Rah¬man, alias Mujibar Rahman Vs. Returning Officer & others, 1978, 7 CLC (HCD)

....ication is rejected summarily. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 156         ......and without Jurisdiction. 3. Mr. K S. Nabi, the learned Advocate hat appeared for the petitioner and Mr. A. Bakr, the learned Attorney General has appeared to oppose the application. There is no dispute thatreipondent No.6 is an officer of the Bangladesh Army and is subject to a military law, p..

Category: Civil Law, Election Law | Date: 2 Jun, 1978 | Hits: 4

Haji Joynal Abedin Vs. State, People's Republic, Bangladesh others, 1978, 7 CLC (HCD)

..... N.H. Khondkar, the learned Advocate who has appeared in this case as Amicus Curiae. Abdul Malek J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 371.   ......-General who conceded that the Courts have and must have power to determine all questions of their own jurisdiction. His Lordship observed: “The learned Attorney-General does not seriously dispute the correctness of the contention that "judicial power'' is different from &quo..

Category: Administrative Law, Criminal Law | Date: 4 May, 1978 | Hits: 3

Abu Daud and others Vs. Sailuddin Sardar & others, 1978, 7 CLC (HCD)

....Code of Civil Procedure. The result, therefore, is that the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 421   ......ght plaintiff, the Court may at any stage of the suit, if satisfied that the suit has been instituted through a bona fide mistake, and that it is necessary for the determination of the real matter in dispute so to do, order any other person to be substituted or added as plaintiff upon such terms as ..

Category: Property Law | Date: 2 May, 1978 | Hits: 1

Saifuddin Ahmed Siddiqui Vs. The Deputy Custodian, Enemy Property Manage¬ment Board, 1978, 7 CLC (HCD)

....made absolute but in the facts and circumstances of the case, there will be no order as to costs. Communicate the order at once. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 107 ...... every year at the option of the lessor, the Enemy Property Authority. The lessees, there-fore, have no permanent right or interest in the suit property excepting their limited leasehold right and in dispute over title between two contending parties, they can neither advance nor defeat the cause of ..

Category: Property Law, Trust/Waqf Law | Date: 14 Apr, 1978 | Hits: 3

Saber Ahmed and 30 others (2nd party) Vs. Amir Hamja & 6 others, 1978, 7 CLC (HCD)

....sion Case No. 233 of 1974 is correct on principle of law. Let the records be sent down immediately. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 169     ......vision No. 160/1973 posing the question as under:- “In short the point appears to be whether a Magistrate in exercise of his jurisdiction under section 145 Cr.P.C. can attach the disputed property after drawing up formal proceeding and passing of the initial order under section&..

Category: Criminal Law, Procedural Law | Date: 29 Mar, 1978 | Hits: 4

Saber Ahmed and 30 others (2nd party) Vs. Amir Hamja & 6 others, 1978, 7 CLC (HCD)

....ion Case No. 233 of 1974 is correct on principle of law. Let the records be sent down immediately. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 169.     ......vision No. 160/1973 posing the question as under:- “In short the point appears to be whether a Magistrate in exercise of his jurisdiction under section 145 Cr.P.C. can attach the disputed property after drawing op formal proceeding and passing of the initial order under section&..

Category: Criminal Law, Procedural Law | Date: 29 Mar, 1978 | Hits: 1

A.Z. Rafique Ahmed Vs. Bangladesh Council of Scien¬tific and Industrial Research Laboratories, Mirpur Road, Dhanmondi, Dacca and others, 1978, 7 CLC (HCD)

...., any order as to costs. The prayer for special leave to appeal is made but is refused. M.H. Rahman J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 222   ......, any order as to costs. The prayer for special leave to appeal is made but is refused. M.H. Rahman J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 222   ..

Category: Administrative Law, Constitutional Law | Date: 27 Feb, 1978 | Hits: 5