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BD Jatiya Matshajibi Samabaya Samity Ltd. Vs. Chairman, Labour Court, Ctg & anr.,1976, 5 CLC (AD)

....-on-Record—For Respondent No. 2. Ex-parte—Respondent No. 1. Civil Appeal NO. 8 of 1975. (On appeal from the judgment and order dated 28th March, 1974 passed by the High Court Division in Petition No. 252 of 1973). Judgment: Mahmud Husain, C. J.&mda......med the order of the Labour Court is set aside. The order of the Labour Court is also set aside and the petition of Respondent No. 2 is dismissed. There will be no order as to costs. Ed. ..

Category: Labour and Industrial Law | Date: | Hits: 144

Md. Amirul Islam Vs. The Hon'ble Judges of the HCD (Sc) of BD & Govt. of BD, 1976, 5 CLC (AD)

....bsp;    Md. Amirul Islam........... Appellant                Vs. The Hon'ble Judges of the High Court Division (Sc) of Bangladesh and Govt. of Bangladesh …… ….Respondent......hat he is in the habit of doing so and he did so in the past too.” be expunged from the impugned remarks. The appeal is, accordingly, disposed of in the aforesaid terms. Ed. ..

Category: Others | Date: | Hits: 157

FM Rashiduzzaman Vs. Bahauddin Ahmed and another, 1976, 5 CLC (AD)

....ted by A. M. Khan Chowdhury, Advocate- on-Record—For the Respondents. Criminal Appeal No. 22 of 1974. (Appeal from the judgment and Order dated 13th October. 1969 passed by the High Court Division in Criminal Revision No. 691 of 1969). Judgment: Ahsanuddin Chou......ible for the loss of the promising life cannot be prosecuted as the said officer Bahauddin acted in the discharge of his official duty. In the result the appeal is dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 66

Tozammel Hussain Chowdhury Vs. State, 1976, 5 CLC (AD)

....orney-General, instructed by B.C. Panday, Advocate-on-Record— For the Respondent. Criminal appeal No. 3 of 1975. (From the judgment and order dated 24-7-1972 passed by the erstwhile High Court of Bangladesh in Criminal Appeal No. 581 of 1966). Judgment: Ahsanuddin C......ng so the High Court committed no illegality. In the result the appeal stands dismissed. The appellant is directed to surrender to his bail to serve out the sentence. Ed. ..

Category: Criminal Law | Date: | Hits: 57

M.A. Zaher and others Vs. Mainuddin Ahmed and another, 1976, 5 CLC (AD)

....€”For the respondent No. 1 (In Criminal Appeals Nos. 6-D & 8-D of 1971). Criminal Appeal Nos. 6-D, 7-D, and 8-D of 1971. (From the judgment and order dated 15-4-68 passed by the erstwhile High Court of East Pakistan in Criminal Miscellaneous Cases No. 204/67 and 50/68) Judgment A......g the appellant Khurshed Alam Khan for abetment of the offence of contempt of court and sentencing him therefor. In the result this appeal is dismissed. Ed. This Case is also Reported in: ..

Category: Civil Law | Date: | Hits: 142

Sirajuddin alias Siraj Vs. The State, 1976, 5 CLC (AD)

....nstructed by A.W. Mallick, Advocate-on-Record—For the Respondent. Criminal   Appeal No. 23 of 1974. (From judgment and order dated the 9th February, 1970 passed by the High Court, in Criminal Revision No. 149 of 1969.) Judgment: Kemaluddin Hossain,&nbs......e find no reason for reversal of the decisions of courts below and hence dismiss the appeal. The appellant must now surrender to his bail and serve out the remainder of the sentence. Ed. ..

Category: Criminal Law | Date: | Hits: 74

Swami Joytirghananda Vs. Deputy Commissioner, Khulna and others, 1976, 5 CLC (AD)

....3(7) Ex parte—Respondents  No.   3(1). Civil Appeal No. 29-D of 1969. (From the Judgment and order dated 26th and 30th January, 1969 passed by the Dacca High Court in Petition No. 245 of 1966). Judgment: D.C. Bhattacharya, J.—This ......er discharging the Rule are set aside and the Petition No. 245 of 1966 is restored to file for hearing according to law. There shall, however, be no order as to costs in this appeal. Ed. ..

Category: Procedural Law | Date: | Hits: 89

Dacca Improvement Trust Vs. Waliullah and others, 1976, 5 CLC (AD)

....A. Rab-I, Advocate-on-Record.-For the Respondent No. 1 Exparte—Respondent Nos. 2-5. Civil Appeal No. 6-D of 1969. (From the Judgment and Decree dated 5-4-68 passed by the Dacca High Court in S. A- No, 218 of 1968). Judgment: D. C. Bhattacharya, J.—This a...... a formal decree, as a matter of fact, was prepared after the filing of the said appeal. The result, therefore, is that the appeal is dismissed without any order as to costs. Ed. ..

Category: Procedural Law | Date: | Hits: 99

Commissioner of Income-Tax, Dacca Zone, Dacca Vs. M/S. Ata Hossain Khan Ltd., 1975, 4 CLC (AD)

....llant. Md. Hasan, Advocate, instructed by S.M. Huq Advocate-on-Record—For the Respondent. Civil Appeal No. 67-D of 1970. (From the judgment and Order dated 1-5-1968 passed by the Dacca High Court in Income-Tax Reference Case No. 14 of 1966) Judgment Debesh Chandra Bhattacharya,......that this appeal is allowed with costs and the judgment and order of the High Court are set aside and that of the Appellate Tribunal restored. Ed. This Case is also Reported in: 28 DLR (AD) 141...

Category: Fiscal/Taxation Law | Date: | Hits: 164

Jardine Henderson Ltd. Calcutta, India Vs. Commissioner of In­come-Tax, Chittagong, 1976, 5 CLC (AD)

....A.M. Khan Chowdhury, Advocate-on-Record. —For the Respondents. Civil Appeals No. 16 & 17 of 1974. (From the judgment, and Order dated 30th October, 1969 passed by the Dacca High Court in Reference Cases No. 7 of 1965 and 21 of 1968, under section 66(1) of the Income-tax ......pinion that the High Court took the correct view in answering the question referred to it under section 66(1) of the Income-tax Act. Both the appeals are dismissed with costs. Ed. ..

Category: Fiscal/Taxation Law | Date: | Hits: 114

Abul Hossain & ors. Vs. The State and anr., 1976, 5 CLC (AD)

....sed accused-petitioner's appeal being Criminal Appeal No. 113 of 1969 and affirmed the order of conviction and sentence passed by the learned Magistrate. Thereafter the accused-petitioners move the High Court in its revisional jurisdiction and obtained a Rule being Criminal Revision 150 of 1971 ......e learned counsel on the facts and circumstances of the case, there arises no question for review of the decision of this Division. In the result, the petition is dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 66

Government of Bangladesh Vs. Messres A. T. J. Industries Ltd. and others, 1976, 5 CLC (AD)

....vocate instructed by S. S. Hoda, Advocate-on-Record—For the Respondent No. 1. Ex-Parte—Respondent Nos. 2 to 4. Civil Appeal No. 21 of 1975. (On appeal from the judgment and order of the High Court Division dated 22. 5. 75 passed in petition No. 1054 of 1974). Judgment Mahmud Husa......sturb the decision of the High Court Division. Subject to the observation made above, the appeal is dismissed with no order as to costs. Ed. This Case is also Reported in: 28 DLR (AD) 120. ..

Category: Business or Commercial Law | Date: | Hits: 129

Karnaphuli Rayon and Chemical Ltd. Vs. The Govt. of Bangla­desh and others, 1976, 5 CLC (AD)

....sstt. Attorney-General, instructed by S.S. Hoda, Advocate-on-Record—For the Respondents. Civil Appeal No. 15 of 1974. (From the Judgment and Order dated 1-12-75 passed by the High Court Division in Writ Peti­tion No. 453 of 1969). Judgment: D.C. Bhattacha......shy;nufacture by the appellant Company is declared to have been issued without lawful authority and was of no legal effect. There shall be no order as to costs in this appeal. Ed. ..

Category: Business or Commercial Law | Date: | Hits: 109

Haji Md. Shariatullah Vs. Ashrafun Nessa Bibi and others, 1976, 5 CLC (AD)

....pondents. No. 1. Ranadhir Sen, Deputy Attorney-General— Amicus Curiae. Civil Appeal No. 13-D of 1971 (From the Judgment and Order dated 26-2-1968, passed by the Dacca High Court in F.M.A. No. 59 of 1967). Judgment: Ahsanuddin Chowdhury J.—This......g regard to the considerations made above we find no substance in this appeal. It is accordingly dismissed with costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 91. ..

Category: Property Law | Date: | Hits: 77

Khondkar Mohiuddin Vs. Syed Moin Ahmed, 1976, 5 CLC (AD)

....vocate-on-Record—For the Appellant. Md.  Nurul Advocate-on-Record—For the Respondent. Civil Appeal No. 100-D of 1968. (From the Judgment and Decree dated 6-6-1967 passed by the Dacca High Court in S.A. No. 1014 of 1965) Judgment: Debesh Chandra Bhattacharya J.—This appeal ......dgment and decree of the High Court are set aside and the judgment and decree of the Court of Additional District Judge are restored. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 85. ..

Category: Tenancy Law | Date: | Hits: 68

Mozaffar Ahmed Vs. Md. Osman and anr, 1976, 5 CLC (AD)

...., Nurullah, Advocate, instructed by S.M. Huq, Advocate-on-Record.—Respondent No. 1. Civil Appeal No. 5-D of 1969. (From the judgment and Decree dated the 1st June 1966 of Dacca High Court, in Appeal from Appellate Decree No. 483 of 1961). Judgment: Kemaluddin H...... is .barred by limitation. The appeal shall be disposed of on the evidence already on record.   The appeal is disposed of in aforesaid terms without any order as to costs. Ed. ..

Category: Trust/Waqf Law | Date: | Hits: 239

Azizur Rahman and another Vs. Sree Kailash Chand Burmecha and others, 1975, 4 CLC (AD)

....wdhury, Advocate, instruc­ted by A. W. Mallick, Advocate-on-Record —For the Respondent No. 54. Civil Appeal No. 21 of 1973. (From the Judgment and Order dated 28.7.1971 passed by the Dacca High Court in Civil Revi­sion No. 962 of 1967) Judgment Debash Chandra Bhattacharya, J.—T......the basis of what is just and convenient in each case. The result therefore is that this appeal fails and is dismissed with costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 65. ..

Category: Property Law | Date: | Hits: 93

Lal Meah, being dead his heirs Momena Khatun & others Vs. Haji Md. Ibrahim Meah & others, 1975, 4 CLC (AD)

....din Ahmed, Advocate-on-Record—For the Respondent No. 1. Ex parte—Respondent No. 2—5. Civil Appeal No. 8 -D of 1970. (From the Judgment and Decree date 24-2-1966 passed by the Dacca High Court in S. A. No. 1917 of 1961). Judgment Kemaluddin Hossain J.—This is a Defen­da...... call such additional evidence on the question as it may deem fit. In the circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 28 DLR (AD) (1976) 61. ..

Category: Property Law | Date: | Hits: 82

Syed Mofazzal Hossain Vs. The Election Co­mmissioner and others, 1975, 4 CLC (AD)

....y-General, instructed by A. M. Khan Chowdhury, Advocate-on-Record- U/O XLV Rule 1 (SC) Appellate Division Rules 1973. Civil Appeal No. 10 of 1975 (From the Order dated 3-12-1974 passed by the High Court Division in Petition No. 1473 of 1974). Judgment Debesh Chandra Bhattacharya J.â€......the setting aside of the election of the Vice-Chairman and the members is declared to have been without jurisdiction and as such void. Ed. This Case is also Reported in: (1976) 28 DLR (AD) 51. ..

Category: Election Law | Date: | Hits: 122

Bangladesh Vs. Mohd. Abdur Razzak and another, 1976, 5 CLC (AD)

....cate-on-Record—For the Respondent No. 1. Ex-parte—For the Respondent No. 2. Civil Appeal No. 7 of 1973 (From the Judgment and order dated 2. 5. 1969 passed by the High Court of East Pakistan in Civil Re-vision Case No. 101 of 1968). Judgment: Kemal......l subsist subject to the prior lien or charge of the Go­vernment and in accordance with the obser­vation made herein. The appeal is allowed but without any order as to costs. Ed. ..

Category: Civil Law | Date: | Hits: 103