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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. ......ing done in illegal manner is a nullify; (3) procedural provision contained vested rights and deprivation of procedural law, namely, by way of appeal is illegal; and (4) superior Court is vested with power to determine whether any authority has exercised the power conferred on it in accordance with ......tioner Vs. State, People's Republic, Bangladesh others……..Respondents Judgment May 4, 1978. Result: The Rule is made absolute. Cases Referred to- Ayub Khuro PLD I960 (SC) 237; Asma Jilani PLD 1972 (SC) 139; Abdus Shukoor (1976) 28 DLR 44....... 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. ..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 ......n days of the filing of an application under sub-section (1), appear to be added at co-applicant. (6)The Revenue Officer shall, for the purpose of an inquiry under sub-section (4), have the same power as vested in a civil Court under the Code of Civil Procedure, 1908, including the power of:- ......e Rahul Amin Sardar filed an application under section 143A of the State Acquisition and Tenancy Act for correction of record of right in respect of the properties mentioned in the schedule to the application. It is khatian No. 2184 Plot No, 2594 measuring 11.97 acres. This land has been r......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 ..Category: Property Law | Date: 2 May, 1978 | Hits: 1
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. ......is submission as there is no reason to give such a restricted interpretation to Article 52. In England, as we shall presently see, the Courts have always held such matters to be within the visitorial powers. Moreover, in our own jurisdiction, relief under Article 102 of the Constitution is......m, Advocates—For the Respondents. Writ Petition No. 279 of 1977. Judgment A.T.M. Afzal J.—This Rule, at the instance of the petitioner, is directed against the respondents to show cause as to why the publication of the result of the examination of Master's Degree in L......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. ..Category: Corporate Law | Date: 13 Apr, 1978 | Hits: 3
Haji Nurul Islam Vs. Ashraf Ali and others, 1978, 7 CLC (HCD)
.... the Code of Civil Procedure. The Rule is accordingly made absolute with costs. Communicate the order at once. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 215. ......s may be just, and all such amendments shall be made as may be necessary for the purpose of determining the real questions in controversy between the parties” 4. There is no doubt that the power given to the Court under the Code is both wide and discretionary but it must be exercised judi......aint, impleading plaintiff No. 3 as co-plaintiff in the suit and rejecting the application under Order 7 rule 11 of the Code of Civil Procedure filed by the defendant. 2. Facts leading to this Rule, in brief, are that the plaintiff opposite parties instituted a suit for permanent inju...... the Code of Civil Procedure. The Rule is accordingly made absolute with costs. Communicate the order at once. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 215. ..Category: Procedural Law, Property Law | Date: 7 Apr, 1978 | Hits: 1
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 ......a land or water within his Jurisdiction then, if the Magistrate is satisfied from any report or other Information, he shall make an order stating the grounds of his being so satisfied and the plenary power that has been given by the proviso appended to the subsection (4) empowers the Magistrate to p......ip;………………......(1st party) Oppoposite Parties Judgment March 29, 1978 Result: The reference is in the negative. Cases Referred to- Fazlul Karim Vs. Abdus Subhan. (1974) 26 DLR 291; Mr. Ishaque Chowdhury Vs. Noor Mohal Begu......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 ..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. ......a land or water within his Jurisdiction then, if the Magistrate is satisfied from any report or other information, he shall make an order stating the grounds of his being so satisfied and the plenary power that has been given by the proviso appended to the subsection (4) empowers the Magistrate to p......;Petitioner Vs. Amir Hamja & 6 others……………………..(1st party) Opposite Parties Judgment March 29, 1978 Cases Referred to- Fazlul Karim Vs. Abdus Subhan. (1974) 26 DLR 291; Mr. Ishaque Chowdhury Vs. Noor Mohal Begu......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. ..Category: Criminal Law, Procedural Law | Date: 29 Mar, 1978 | Hits: 1
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. ...... pay for the said period of notice. Such, payment of compensation may, however, be waived by the officer-in-charge or the Governor, as the case may be, at his discretion. So, sub-Regulation (i) gives power to the employee to leave or discontinue his service in the Bank in the manner as indicate......ve arise out of the same judgment and order of the High Court Division, involving similar question, were heard analogously and are being disposed of by this judgment. Leave was granted to consider the following question: “Whether in the facts and circumstances of the case ......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. ..Category: Employment/Service Law | Date: 28 Feb, 1978 | Hits: 168
...., 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
......ons having public character is not a local authority; it requires to be established by a law. A Resolution of the Government is not a law since it is riot made or issued in exercise of any law-making power of the President.
8. Mr. K.S. Nabi, the learned Advocate appeared today and placed before......)
Present:
Shahabuddin Ahmed J
M. H. Rahman J
A.Z. Rafique Ahmed..................Petitioner
Vs.
Bangladesh Council of Scientific and Industrial Research Laboratories, Mirpur Road, Dhanmondi, Dacca and others.………………Res......, 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
Meheruddin Vs. Govt. of Bangladesh and others, 1978, 7 CLC (HCD)
....s are directed to pay costs of this rule which we assess at Tk. 500.00 (five hundred). M.H. Rahman J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 426. ......rovision for retaking it thereafter. The proceeding as to requisition comes to an end with release of the property under section 8. Appeal and Revision against requisition Section 4A empowers the Government to revise an order of the Deputy Commissioner requisitioning a land or of the ......espondents Judgment February 24, 1978. Result: The rule is made absolute. Derequisition of a Requisitioned land Once a land is de-requisitioned and its possession is restored to the owner there is no provision for retaking it thereafter. The proceeding as to requisitio......s are directed to pay costs of this rule which we assess at Tk. 500.00 (five hundred). M.H. Rahman J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 426. ..Category: Property Law | Date: 24 Feb, 1978 | Hits: 2
....n which the tax was payable on." This latter quoted portion has been substituted with the figure 5 years by the finance Act of 1974. Year has been defined in section 2clause (20) as a "financial year". The goods were admittedly imported on 9-2-63 and the tax was payable under Fin......ated 5-12-62. The said notification of 1962 reads as follows:
“Exemption of machinery component parts etc. Notification No. S.R.O. 1302 (K)/62 dated 5th December, 1962:- In exercise of the powers conferred by section 7 of the Sales Tax Act 1951 (III of 1951) and in supression of...... Appellate Tribunal are as follows: The assessee Amin Jute Mills Limited imported a Hydrant Sprinkler Plant on 19.2.63 in the accounting year 1962-63. No Sales Tax was charged on this plant by the customs, authorities at the time of its import. Accordingly the Sales Tax Officer issued notice under s......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.
..
Category: Fiscal/Taxation Law | Date: 17 Feb, 1978 | Hits: 2
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 ......ala fide. By amendment of the plaint a third declaration was also sought which runs as follows: That the plaintiff is the Director, Administrator of the Company and is legally entitled to perform the powers, responsibilities and duties of the Managing Director of the Company as per resolution of the..............................Appellant Vs. Jalaluddin Ahmed and others...Defendants-Respondents Judgment February 17, 1978. Result: The appeal is allowed. Cases Referred to- 10 DLR 431; 16 DLR 298; AIR 1943 Cal. 36I; AIR 1967 (SC) 436; 43 IA 91; 10 DLR 431;18 DLR 7......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 ..Category: Company Law | Date: 17 Feb, 1978 | Hits: 8
Md. Mahboob Morshed Vs. Bangladesh and others, 1978, 7 CLC (HCD)
.... rule is discharged. There will, however, be no order as to costs. Shahabuddin Ahmed J. - I agrees. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 111 ......recommendation of the Government and regularised the intervening period of absence by granting him leave the petitioner was for all practical purposes reinstated in his service. The Government had no power to rescind or cancel the orders of respondent Nos. 4 and 6 as they had already acted upon, and......………..Petitioner Vs. Bangladesh and others....................Respondents Judgment March 7, 1978. Result: The rule is discharged. Cases Referred to- Md. Shoib Vs. Govt. of Bangladesh (1975) 27 DLR 315; Md. Ismail Jafar Vs. Director-General ...... rule is discharged. There will, however, be no order as to costs. Shahabuddin Ahmed J. - I agrees. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 111 ..Category: Administrative Law, Employment/Service Law | Date: 9 Feb, 1978 | Hits: 1
....d Labour Court is 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) 211.
......d Labour Court is 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) 211.
......Vs.
Chairman, Labour Court, Chittagong & another.................Respondents
Judgment
February 6, 1978.
Result:
The rule is made absolute.
A dismissed worker ceases to be a worker within the definition of a "worker" under the Industrial Relations Ordinanc......d Labour Court is 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) 211.
..
Category: Labour and Industrial Law | Date: 6 Feb, 1978 | Hits: 3
Progati Khudra Babashayee Samabaya Samity Ltd Vs. Bangladesh, 1978, 7 CLC (HCD)
....r was passed without lawful authority and of no legal effect. There will be no order as to costs. M.H. Rahman J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 152 ...... Advocate appearing in support of the rule has seriously assailed the impugned order of the Registrar taking the ground that the impugned order of review is illegal and without jurisdiction since the power of review cannot be exercised by the Registrar more than once. Mr. Rafiqul Islam has contended......sted in Review Case No. 1 of 1976 under section 135(2) of the Bangladesh Co-operative Societies Act, 1940 briefly, the Act By this order Respondent No. 1 annulled an award made by an arbitrator under section 87 of the Act. 2. Facts of the case briefly stated are that the pet......r was passed without lawful authority and of no legal effect. There will be no order as to costs. M.H. Rahman J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 152 ..Category: Administrative Law, Civil Law | Date: 3 Feb, 1978 | Hits: 2
Mohammed Chand Mia & others Vs. Barista Krishna Kundu & others, 1977, 6 CLC (HCD)
....ocate for the applicants for presentation thereof to the appropriate court. Send down the record at once. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 97 ......the question for consideration is whether the District Delegate has jurisdiction to entertain the petition and to grant revocation prayed for before him. Section 265 provides for High Court powers to appoint Delegate of District Judge to deal with non-contentious cases and it runs as follo......ers Vs. Barista Krishna Kundu & others...........................Opposite parties Judgment December 15, 1977. Result: The rule is made absolute. Cases Referred to- Kailash Chandra Vs Nanda Kumar A.I.R. 1944 Calcutta 385. Lawyers Involved: Kailas......ocate for the applicants for presentation thereof to the appropriate court. Send down the record at once. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 97 ..Category: Civil Law, Procedural Law | Date: 15 Dec, 1977 | Hits: 8
....tiff is still in service.
In the result, the appeal is allowed with costs.
Shahabuddin Ahmed J.- I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 231.
......e Registrar, University of Dacca Vs. Zakir Ahmed (1964) 16 DLR (SC) 722 and has drawn our attention to the following observations made therein:
“Wherever any person or body of persons is empowered to take decisions after expost facto investigation into facts which would result in conseque.........................Appellant
Vs.
Govt. of Bangladesh.............................Respondent
Judgment
December 2, 1977.
Result:
The appeal is allowed.
Cases Referred to-
Abdus Sabur Khan Vs. Karachi University and another (1966)) 18 DLR (SC) 422; University of ......tiff is still in service.
In the result, the appeal is allowed with costs.
Shahabuddin Ahmed J.- I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 231.
..
Category: Constitutional Law, Employment/Service Law | Date: 2 Dec, 1977 | Hits: 2
....e concerned, were without lawful authority.
In the result the appeal is allowed in part without any order as to costs.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 149.
...... authorised to manage the same.
4. The learned Judges of the High Court disposed of the Rule by their judgment dated 1-12-69 on holding that the respondents were authorised to exercise necessary powers for taking possession of the disputed lands which were enemy properties but directed the Cust......ts
Vs.
The Sub-Divisional Officer, Brahmanbaria and another...............Respondents
Judgment
November 29, 1977.
Result:
The appeal is allowed.
Cases Referred to-
Province of East Pakistan Vs. Syed Hatem Ali and others (1968) 20 DLR (SC) 129; Sufia Khatu......e concerned, were without lawful authority.
In the result the appeal is allowed in part without any order as to costs.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 149.
..
Category: Property Law | Date: 29 Nov, 1977 | Hits: 112
Ibrahim Hossain and Delwara Begum Vs. Md. Khorshed Ali and others, 1977, 6 CLC (HCD)
.... before the Court below should be disposed of as expeditiously as possible. Let the records be sent down immediately. Ed This Case is also Reported in: 31 DLR (HCD) (1979) 407 ......ench in the case of Jamiyat Ali Vs. Mrs. Chemon Ara Begum & ors. reported in 20 D.L.R. (Dacca) 480 wherein it has been held: “We are quite conscious of the limitation on our revisional power under section 15 of the Code. Ordinarily erroneous decisions of facts are not revisa......li and others…………….....................Opposite Parties Judgment November 17, 1977. Result: All the rules are made absolute. Cases Referred to- Thakur Prasad Vs. Sk. Fakirullah and another 22 Indian Appeals 44; Jamiyat Ali Vs. Mrs. Che...... before the Court below should be disposed of as expeditiously as possible. Let the records be sent down immediately. Ed This Case is also Reported in: 31 DLR (HCD) (1979) 407 ..Category: Property Law | Date: 17 Nov, 1977 | Hits: 2
Burmah Eastern Limited Vs. Assessing Officer, Narayanganj Range and others, 1977, 6 CLC (HCD)
....led to costs which is assessed at 20 gold mohars. A.T.M. Afzal J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 86. ......ss Profit Tax Act which provides 4 years limitation. The learned Advocate further submitted that Urban Immoveable Property Tax Act being a fiscal statute, in the absence of any such clear provision empowering the Assessing Officer to reopen the assessments, closed and passed, the impugned demand for......matter of: Notice being process No.3823 dated 18.5.73 issued by the Assessing Officer, Narayanganj Range, Narayanganj demanding payment of purported Urban Immoveable Property Taxfor the years 1957-58 to 1972-73. Judgment Ruhul Islam CJ.—This Rule Nisi was issued calling upon the resp......led to costs which is assessed at 20 gold mohars. A.T.M. Afzal J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 86. ..Category: Corporate Law | Date: 1 Sep, 1977 | Hits: 4
Begum Sayada Murguba Khatoon Vs. Dewan Shahifur Reza Chowdhury & another, 1977, 6 CLC (HCD)
....The Court below, as prayed for by the parties. Send down the records of the S. C. C. Suit at once. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 179. ......The Court below, as prayed for by the parties. Send down the records of the S. C. C. Suit at once. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 179. ......0 DLR (HCD) (1978) 179. ......The Court below, as prayed for by the parties. Send down the records of the S. C. C. Suit at once. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 179. ..Category: Procedural Law, Tenancy Law | Date: 29 Aug, 1977 | Hits: 1
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