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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.   ......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." ..

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   ......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..

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

Jagar Chandra Das & ors Vs. Dherendra Mohan Pramanik, 1978, 7 CLC (HCD)

....o the lower appellate Court for rehearing of the appeal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 240.   ......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..

Category: Procedural Law | Date: 21 Apr, 1978 | Hits: 1

Commissioner of Income Tax, Chittagong Zone Vs. M/S. Pakistan Tubewell Company, 1978, 7 CLC (HCD)

....ions are allowed and the rules are made absolute, without, however, any order as to costs. Sultan Hossain Khan J.- I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 104 ......plications the question before us is whether on the facts and in the circumstances of the case the Tribunal was justified in reversing the order of the Income Tax Appellate Assistant Commissioner and holding that the incomes of the two firms not be tagged together for the purpose of assessment. In t..

Category: Corporate Law, Fiscal/Taxation Law | Date: 14 Apr, 1978 | Hits: 3

Badrunnessa Vs. Vice-Chancellor, Uni¬versity of Dacca and others, 1978, 7 CLC (HCD)

....ience Department. In the result, this Rule is discharged without any order as to costs. S.M. Mohsen Ali J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 268. ......reafter the latter is to award marks on the basis of the said report. It has been alleged that for the Sessions 1973-74, no list of approved libraries for In-service training was notified and without holding such training, the examination for the Master's Degree was held from August 5, 1976 and ..

Category: Corporate Law | Date: 13 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     ......order of attachment was challenged on the ground that no formal proceeding under section 145(1) was drawn up and their Lordships hearing that case set aside the order attaching the property holding that:- “The order was wrong being in contravention of the provision of section&nb..

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.     ......order of attachment was challenged on the ground that no formal proceeding under section 145(1) was drawn up and their Lordships hearing that case set aside the order attaching the property holding that:- “The order was wrong being in contravention of the provision of section&nb..

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

Dr. Jamiar Rahman Asia Bibi Vs. Tajuddin Sikder and ors, 1978, 7 CLC (HCD)

....r of law in the decision of the learned Additional District Judge. Accordingly, the appeal is dismissed with costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 259.   ......t he had been possessing the suit land but neither the name of his mother or his name was recorded in S. A. Khatin No. 104. Taking advantage of the wrong entry in the S. A. Khatian the defendant were holding out threat to dispossess him from the suit land, and hence the suit. 3. Defendant No.1 ..

Category: Property Law | Date: 22 Mar, 1978 | Hits: 2

Osman Ali Talukder Vs. Sukumar Majumder, 1978, 7 CLC (HCD)

....ubordinate Judge is set aside and that of learned Munsif is restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 250.   ......re, clear borga has been mentioned in the khatian. In the absence of any other stipulation between the parties Jasmat would be deemed to have continued in possession as a borgadar on the principle of holding over as enunciated in section 116 of the T.P. Act and as enunciated in principle i..

Category: Property Law | Date: 21 Mar, 1978 | Hits: 3

Abdul Hannan Sikder and another Vs. Bangladesh Bank & others, 1978, 7 CLC (AD)

....ns we do not find any substance in the contention. Therefore, the appeals are dismissed with­out any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 298. ......ed by the Bank's Medical Officer to be permanently incapacita­ted for further continuance in permanent ser­vice in the Bank. Regulation 22 provides for punishment which can be given after holding enquiry in accordance with the procedure as provided therein. Termination of service simplic..

Category: Employment/Service Law | Date: 28 Feb, 1978 | Hits: 168

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   ......eing satisfied with his explanation, it was further stated, appointed a Committee of enquiry consisting of three senior officers of the Council to enquire into the matter. The Enquiry Committee after holding an enquiry submitted a report holding him guilty of gross misconduct. This report was accept..

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

Commissioner of Sales Tax, Chittagong Zone, Chittagong Vs. Amin Jute Mills Limited, Sadarghat Road, Chitta¬gong, 1978, 7 CLC (HCD)

....ayed for certificate to appeal to the Appellate Division which is refused. Abdul Momith Chowdhury J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 226.   ......e out of this order of the Income-Tax Appellate Tribunal according to the department are as follows:- (i) Whether on the facts and in the circumstances of the cast, the Tribunal was justified in holding that section 29 of the Sales Tax Act is not applicable to the assessee who is a ma..

Category: Fiscal/Taxation Law | Date: 17 Feb, 1978 | Hits: 2

Abdul Aziz Vs. Election Tribunal and Munsif, 2nd Court, Comilla and another, 1978, 7 CLC (HCD)

....he light of the observations made above. There will, however, be no order at to costs. M.H. Rahman J.- I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 140   ......re opened by the Tribunal In presence of the parties the recounting is correct and the original count log is wrong. 6. Mr. Ahmed has next contended that the Tribunal fell into an error of law by holding that according to rule 40(4) of the Union Parishad (Election) Rules, 1976 a ballot paper sha..

Category: Election Law | Date: 17 Feb, 1978 | Hits: 7

Shnmsul Huda Vs. Jalaluddin Ahmed and others, 1978, 7 CLC (HCD)

....mmence the trial of the suit within four weeks from the filing of the written statement. Abdul Momith Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 5 ......rector of the said Company is illegal, mala fide, ultra vires and without jurisdiction, that the defendant No. 1 is not the Managing Director of the Company and the impugned action of defendant No. 1 holding himself as the Managing Director of the said Company is illegal and mala fide. By amendment ..

Category: Company Law | Date: 17 Feb, 1978 | Hits: 8

Commissioner of Income Tax, Chittagong Vs. Consolidated Tea & Lands Co.Ltd, 1978, 7 CLC (HCD)

....e Appellate Division. The prayer is refused as we do not consider it to be a fit case. Abdul Momith Choudhury J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 224. ......d the question of law in the following terms: “In the facts and circumstances of the case, the Tribunal was justified in affirming the order of the Appellate; Assistant Commissioner and in holding that the premium paid for loss of profit due to unforeseen circumstances are allowable deduc..

Category: Fiscal/Taxation Law | Date: 16 Feb, 1978 | Hits: 4

Abdul Motleb Khan & others Vs. Daud Ali Khan and others, 1978, 7 CLC (HCD)

.... The application for review is accordingly rejected and the prayer for leave under Clause 15 is also hereby refused. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 110   ......ication on 5-11-77 for substitution of the heirs of the deceased appellant and respondent after setting aside abatement. This court after hearing the parties rejected the application for substitution holding that no case has been made out for setting aside abatement and recorded the abatement of the..

Category: Civil Law | Date: 9 Feb, 1978 | Hits: 1

General Manager, Urea Fertilizer Fac¬tory, Ghorashal, Palash, Dacca Vs. Urea Fertilizer Fac¬tory Employees Uni¬on, Ghorasal Palash, Dacca and others, 1978, 7 CLC (HCD)

....f both the courts below are set aside. There will, however, be no order as to costs. M.H. Rahman J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 306.   ...... No. 2, whether or not he was on leave, would continue to be in the employment under the petitioner as well as President of the Workers' Union. But it is to be seen whether there is any basis for holding that the order of transfer is mala fide. So far as the Appellate Tribunal is concerned, if t..

Category: Labour and Industrial Law | Date: 7 Feb, 1978 | Hits: 1

Fazlul Huq Chowdhury Vs. Govt. of Bangladesh, 1978, 7 CLC (HCD)

....dents from proceeding against the petitioner according to law. No order as to costs. M.H. Rahman J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 336.   ...... He submitted his explanation denying the allegation and also appeared before the Enquiry Officer who held an enquiry into the matter. The Enquiry Officer however submitted a report to the Government holding him guilty. The report was accepted and the petitioner was compulsorily retired. The proceed..

Category: Civil Law, Constitutional Law | Date: 1 Feb, 1978 | Hits: 1

Fazlul Huq Chowdhury Vs. Govt. of Bangladesh, 1978, 7 CLC (HCD)

....s from proceeding against the petitioner according to law. No order as to costs. M. H. Rahman J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978)144.   ...... He submitted his explanation denying the allegation and also appeared before the Enquiry Officer who held an enquiry into the matter. The Enquiry Officer however submitted a report to the Government holding him guilty. The report was accepted and the petitioner was compulsorily retired. The proceed..

Category: Administrative Law | Date: 1 Feb, 1978 | Hits: 1

Amulya Chandra Kundu Vs. Monendra Nath Biswas, 1978, 7 CLC (HCD)

.... dismissed on contest with costs and the impugned decree of learned Sub-ordinate judge is affirmed. M.B. Rahman J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 74. ...... Chittagong for ejecting the sub-tenants claiming that the sub tenancy stood automatically annulled in consequence of the sale of the estate in 1913. The learned Sub-ordinate Judge dismissed the suit holding that the sub-tenancy was not affected by the sale since neither the sob-tenancy nor the talu..

Category: Property Law, Tenancy Law | Date: 16 Jan, 1978 | Hits: 2