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Sonali Bank Vs. Taxation Officers, Urban Immovable Property Tax, 1979, 8 CLC (HCD)
....135 of 1970 the petitioner, inter alia, alleged that it was assessed to taxes by the Urban Immovable Property Tax Authority and the Municipal Authority at Dacca on an accepted annual valuation of its holding Nos. 35-44, Motijheel Commercial Area, Dacca, for the assessment years 1968-69 and 1969-70 t......Property Tax Authority and the Dacca Municipal Committee as stated above, the petitioner was required to pay taxes exceeding the ceiling as fixed by the relevant Model Tax Schedules as framed by the Government under section 35 of the Municipal Administration Ordinance, 1960 (Ordinance No-X..Category: Fiscal/Taxation Law | Date: 31 May, 1979 | Hits: 1
M. A. Hai Vs. Trading Corpora¬tion of Bangladesh, 1979, 8 CLC (HCD)
....time, but he neglected to do so and as such he was responsible for the theft. Annexure 'F' dated 26.11.77 is another show-cause notice issued by the Chairman upon the petitioner provisionally holding him guilty on the basis of the report, Annexure 'F', and proposing to remove him fro...... committed through a big opening or gap above the door of the godown, and that the petitioner, who was in charge of the godown, had neglected his duty in the normal course of his work to get the gap covered up or repaired. The Enquiry Officer recommended a minor punishment but the authorities while ..Category: Administrative Law | Date: 3 Apr, 1979 | Hits: 1
....o provide the petitioner with a copy of the report of the Inquiry Officer amounts to denial of reasonable opportunity to the Government Servant concerned. In the circumstance we find no difficulty in holding that non-supply of the entire report of the Inquiry Officer to the petitioner along with the......dure was followed and that he had no direct hand in the matter with the admission of the two Cadets. He further stated that due care was taken and that there might have been some bona tide mistake or over sight and there was no dishonest intention or ill motive. The petitioner further stated that th..
Category: Administrative Law, Employment/Service Law | Date: 28 Mar, 1979 | Hits: 1
....tant Engineer under the then Undivided Government of Bengal on 16.1.43 and he was confirmed in the said post on 11.2.50. Thereafter, he has promoted as Assistant Engineer on 4.9. 63 which post he was holding till the impugned order retiring him compulsorily was passed. It was alleged by the petition......rit Petition No. 487 of 1977.
Judgment
Abdur Rahman Chowdhury J. - This application under Article 102 of the Constitution of Bangladesh is directed against an order passed by the Government of Bangladesh retiring the petitioner compulsorily and rejecting his prayer for crossing t..
Category: Administrative Law, Employment/Service Law | Date: 21 Mar, 1979 | Hits: 1
Angana Ranjan Chakma Vs. Director of Techni¬cal Education, 1979, 8 CLC (HCD)
.... show cause why disciplinary action would not be taken against him under the Rules of Conduct of Examinations. He submitted his explanation denying the allegation, but the University Syndicate, after holding an enquiry, held him guilty of adopting unfair means in the Examination Hall. This matt...... Judgment Shahabuddin Ahmed J.- This Rule under Article 98 of the Constitution of 1962 was issued calling in question an order of the respondent, Director of Technical Education, Government of the then East Pakistan, now Government of Bangladesh, terminating the petitioner's ..Category: Administrative Law, Constitutional Law | Date: 6 Feb, 1979 | Hits: 2
Chowdhury Md. Yusuf Vs. Bangladesh Biman, 1979, 8 CLC (HCD)
....a number of allegations against the Corporation, particularly its Chairman Mr. Hadayet Ahmed. This Court disposed of that Writ Petition by an order dated 3.5.76 setting aside the order of termination holding that the order of termination was out and out malafide. The respondents reinstated him in se...... three months notice, one has been suppressed by a junior officer and remaining two have made a grievance that two years ante-dated seniority has been given to some junior officers in pursuance of a Government Memorandum dated 18.3.78 on the ground that the said seniority has been given in recogniti..Category: Administrative Law, Constitutional Law | Date: 19 Jan, 1979 | Hits: 2
....Raj Kuthi having 14 rooms only which were in occupation of one Mr. Abdul Quddus, but the Deputy Commissioner, by the impugned order, requisitioned this property along with a different property, being holding No. 47. Roy Iswar Chandra Shil Bahadur Street, Dacca which is a property of Court of Wards a......oth parties. Mr. M.B. Rahman, the learned Advocate for the petitioner has, alleged that the order of requisition is out and out mala fide and that it is "unjustified" as pointed out by the Government themselves in their order dated 7.1.78 (Annexure 'D').
2. It appears that the..
Category: Property Law | Date: 18 Jan, 1979 | Hits: 3
A.H.M Abdul Hai Vs. Bangladesh and others, 1978, 7 CLC (HCD)
....trol and Family Planning Officer at Jessore, whereupon the respondent No. Son consideration of entire materials allowed the petitioner to resume his duties as per his order dated 20-4-77 (Annexure F) holding that no further penalty should be imposed on the petitioner in addition to the penalty alrea...... started an investigation in pursuance of which the petitioner was placed trader suspension on 23-9-70 In 1971, the petitioner joined the liberation movement and after independence he applied to the Government of Bangladesh for withdrawal of the said order of suspension . The Government of Banglades..Category: Administrative Law, Employment/Service Law | Date: 23 Nov, 1978 | Hits: 8
Abdul Matin Vs. Election Tribunal and Munsiff 2nd Court Comilla & another, 1978, 7 CLC (AD)
....oinul Hossain, the learned Counsel, appearing for the appellant has submitted that the word "or" in sub-rule (4) of rule 40 is to be read disjunctively and so the High Court was in error in holding that a valid ballot paper must contain both the initial of the polling officer and the offic......;tion. The Tribunal on recounting found that the appellant got 3,306 votes and respondent No.2 got 3,302 votes and thereupon declared the appellant as the duly elected Chairman by a margin of 4 votes over Respondent No.2. 3. Respondent No.2 challenged the Election Tribunal's order in w..Category: Election Law | Date: 23 Nov, 1978 | Hits: 206
Akram Hossain Mondal Vs. Govt. of Bangladesh, 1978, 7 CLC (HCD)
....ppellate Division of the Supreme Court on the point has been placed before us either by Mr. Serajul Huq or the learned Assistant Attorney General. There are, however, cases of the Indian Jurisdiction holding divergent views on the point in issue. 7. Mr. Moazzem Hossain, the learned Assistant At...... He contended that the Emergency Powers Rules, 1975 as it originally stood did not "provide for communication of grounds of detention to the detenu to enable him to submit representation to the Government or for production of the detenu before the Advisory Board. The Emergency Powers Rules was ..Category: Criminal Law, Procedural Law | Date: 26 Sep, 1978 | Hits: 1
Rahimuddin Ahmed Vs. Bengal Water Ways Ltd. and another, 1978, 7 CLC (HCD)
....of the Company but at this stage the appellant filed a suit T.S. No. 259 of 1973 in the same Munsif Court, Dacca to protect his interest in the Company and obtained a temporary injunction against the holding of the meeting with Mrs. Zohura Khatun who was neither a share-holder nor a Director. In the......arrying on Water Transport business. After the death of his father in October, I960 the appellant and other heirs of his father entered into an Agreement for forming a private limited Company to take over the business of the partnership firm and in pursuance of this Agreement this Company, Pak Water..Category: Company Law, Corporate Law | Date: 28 Jul, 1978 | Hits: 6
Hazi Md. Lliyas Vs. Government of the People's Khan Republic of Bangladesh, 1978, 7 CLC (HCD)
....blic of Bangladesh seeks a direction from this Court upon the respondents to restore possession of a house which was already derequisitioned. 2. The petitioner is the owner of the house which is holding No.16/1. Iqbal Road, Mohammadpur, Dacca comprising plot No.1/16 of Block 'A' of Moha......p; Abdul Matin Chowdhury J Hazi Md. lliyas……………………………………….Petitioner Vs. Government of the People's Khan Republic of Bangladesh………..Respondents ..Category: Property Law | Date: 26 Jul, 1978 | Hits: 2
Md. Shahjahan and another Vs. Haji Yeaqub Ali Chowdhury and another, 1978, 7 CLC (HCD)
....e money was paid to the petitioners by the complainant as an advance for the purchase of cloths agreed between the parties and as such the money became the money of the, petitioners and they were not holding the same on trust for the complaint. The money, therefore, cannot be said to have been entru......e, or with both, Criminal breach of trust is defined in section 405 of the Penal Code as follows; “405. Whoever, being in any manner entrusted with property, or with any dominion over property, dishonestly misappropriates or converts to his" own use that property or d..Category: Criminal Law | Date: 25 Jul, 1978 | Hits: 1
Keramat Ali Talukdar Vs. Election Tribunal and Munsif, 6th Court, Barisal and ano¬ther, 7 CLC (HCD)
....hy;ther……Respondents Judgment July 18, 1978. Result: The Rule is made absolute. Tahsilder of Vested and Non resident Property Cell is not a public servant holding whole-time office of profit so as to come within the mischief of Article 9 (2)(e) of t......te. Tahsilder of Vested and Non resident Property Cell is not a public servant holding whole-time office of profit so as to come within the mischief of Article 9 (2)(e) of the Local Government Ordinance and thereby disqualified to become Chairman. Lawyers Involved: Khondke..Category: Election Law, Property Law | Date: 18 Jul, 1978 | Hits: 5
Sukhendu Bikssh De & another Vs. Nurul Islam & others, 1978, 7 CLC
.... held to be for the benefit of the mortgagor. 4. The lower appellate court affirmed the decree of the trial court. It considered that the sale certificate dated 15-12-25, Ext. B, showed that the holding relating to the suit land was in arrear for rent for which the landlord, brought Rent Suit N......nefit accrued thereby will ensure to the mortgagor; that the admitted fact being that the relationship between the plaintiff and Abdur Rashid being that of mortgagor and mortgagee and the suit being governed by Article 148 of the Limitation Act, the mortgage and subsequent transfer having ..Category: Property Law | Date: 14 Jul, 1978 | Hits: 11
A. K. Mujibur Rah¬man, alias Mujibar Rahman Vs. Returning Officer & others, 1978, 7 CLC (HCD)
.... No.293 (A brought about by the Government of Bangladeshby an order dated 28-4-78 (Annexure-B) published in the Bangladesh Gazette. According to this amendment, an officer of the Bangladesh Army holding the office of the Chief Martial Law Administrator is now qualified for seeking any election.......ent No. 6. The petitioner took an objection before the Returning Officer stating that respondent No. 6, being subject to military law, is debarred from seeking any election but his objection was overruled on the strength of an amendment brought about by the Government on 28th April, 1971 i..Category: Civil Law, Election Law | Date: 2 Jun, 1978 | Hits: 4
Sultan Ahmed Vs. Election Commission of Bangla¬desh and another, 1978, 7 CLC (HCD)
....Commissioner got powers to hold and conduct election to the office of President only when there is a vacancy in that office; and since this "condition precedent" for exercising the power of holding the election has not yet occurred, the Election Commissioner acted illegally and without jur......gust, 1975. He assumed the office of President but did not designate himself as the Martial Law Administrator as well though he reserved all powers to make Martial Law Regulations and Orders. He made over the office of President to Mr. Justice A. M. Sayem on the 6th November, 1975 and the latter by ..Category: Constitutional Law, Election Law | Date: 31 May, 1978 | Hits: 3
Haji Joynal Abedin Vs. State, People's Republic, Bangladesh others, 1978, 7 CLC (HCD)
....merely "a constitutional deviation for a temporary period end have specified limited objective, namely, the restoration of law and order and normalcy in the country and in earliest possible time holding of free and fair election for the purpose of restoration of democratic institutions." ......l election, vide Proclamation dated 8th November, 1975 which is to be read with deeming clause "to be a part of the Proclamation of the 20th August, 1975". Mr. Huq has argued if this is the overt policy of Proclamation of Martial Law which was done by the Proclaimed on 20th August, 1975 wh..Category: Administrative Law, Criminal Law | Date: 4 May, 1978 | Hits: 3
Abu Daud and others Vs. Sailuddin Sardar & others, 1978, 7 CLC (HCD)
....dition of parties. According to the learned Advocate, Order 1 rule 10 of the Code of Civil Procedure was applicable and the learned Munsif acted illegally in the exercise of jurisdiction in holding that the petition was not maintainable. Mr. Shahid submits that section 143A conte......min have been impleaded as opposite parties 2 to 4 (proforma) The allegations made in the petition are that the land id question originally belonged to Roy Harendra Nath and others in khas under the Government and the petitioner Ruhul Arnin and his three other brothers took settlement of Plot No. 23..Category: Property Law | Date: 2 May, 1978 | Hits: 1
Jagar Chandra Das & ors Vs. Dherendra Mohan Pramanik, 1978, 7 CLC (HCD)
....e denied that there was any absolute gift in favour of Sankar Roy who was in Calcutta from long before 1353 B.S. 3. The suit was once decreed and, on appeal, the learned Subordinate Judge, after holding that an absolute right had been transferred to Sankar Prosad Roy, remanded the case for rehe......1366 B.S. In 1366 B.S. they cultivated plot Nos. 449, 450 and 451 by hired plough and plot No. 447 through bargadars. 2. The defendants cut away the plaintiffs jute from the suit land under the cover of an order under section 144 of the Code of Criminal Procedure. The defendant's ..Category: Procedural Law | Date: 21 Apr, 1978 | Hits: 1
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