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M/s. Anath Bandhu Guha Vs. Sudhanpsu Sekar Dey alias Halder and others, 1979, 8 CLC (AD)

....has been rightly decided by the High Court Division keeping in view the language of Article 35 of the Articles of Association which reads as under: “Any share may at any time be transferred by a member to any child other issue, son-in-law, daughter-in-law, father, mother, brother, sister, nephe......f the matter we do not find any substance in this contention as well. Therefore, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 312.......f the matter we do not find any substance in this contention as well. Therefore, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 312...

Category: Company Law | Date: | Hits: 164

Christian Service Society (CSS) Vs. First Labour Court, Chittagong and others, 2008, 37 CLC (HCD)

....yment in connection with or as a consequence of that dis­pute or whose dismissal discharged, retrenched, lay-off or removal has to that dispute, but does not include a person— (a) Employed as a member of the watch and ward or security staff or confidential assis­tant cipher assistant of any e......itted illegality in deciding the case beyond its jurisdiction. Accordingly, the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 125. ......itted illegality in deciding the case beyond its jurisdiction. Accordingly, the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 125. ..

Category: Labour and Industrial Law | Date: | Hits: 201

Commissioner of Income Tax and others Vs. M/S. Allynagar Tea Co. Ltd. and other, 1977, 6 CLC (AD)

....le Taxation between Pakistan and the United Kingdom. The result is that all these appeals are dis­missed with no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 119....... under paragraph A of Part II of 5th Schedule to the Finance Act 1967 in the remaining case, read with Article VI of the Agreement for Avoidance of Double Taxation between United Kingdom and the then Pakistan. The claim was rejected by the Income Tax Officer in each of the said cases. On appeal the ......le Taxation between Pakistan and the United Kingdom. The result is that all these appeals are dis­missed with no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 119...

Category: Fiscal/Taxation Law | Date: | Hits: 143

National Board of Revenue and others Vs. Mustafizur Rahman, 2003, 22 CLC (AD)

.... judgment with reference to the relevant provisions of the concerned SRO. In view of the above matter, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: ...... judgment with reference to the relevant provisions of the concerned SRO. In view of the above matter, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: ...... judgment with reference to the relevant provisions of the concerned SRO. In view of the above matter, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: ..

Category: Fiscal/Taxation Law | Date: | Hits: 140

S. M. Basiruddin Vs. Zahurul Islam Chow­dhury and another, 1982, 11 CLC (AD)

....e appeal is allowed with cost, the orders allowing pre­emption are set aside and the application for pre-emption is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 230. ......onymous and with­out any distinction. The learned Judge of the High Court Division in taking the view that the two expressions are synonymous and without any distinction, followed a decision of East Pakistan High Court in the case of Brindaban Chandra Chowdhury Vs. Mosammat Rezia Begum, 16 DLR 77. ......e appeal is allowed with cost, the orders allowing pre­emption are set aside and the application for pre-emption is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 230. ..

Category: Property Law | Date: | Hits: 85

Md. Rejaul Haque @ Ezaul Vs. State, 2011, 40 CLC (HCD)

....no way can be cured by the official witnesses (Police Personnel) who are none but interested witnesses.” 15. Another doubtful feature of the instant case is that all the police witnesses are the member of raiding party, not only that informant also the member of reading party who became the inv......ed in any other case. Send down the Lower Court Records along with a copy of this judgment and order at once. Md. Afzal Hossain Ahmed J. - I agree. Ed. This Case is also Reported in: ......ed in any other case. Send down the Lower Court Records along with a copy of this judgment and order at once. Md. Afzal Hossain Ahmed J. - I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 95

Zillul Haq and others Vs. Maloti Bala Dey & others, 1998, 27 CLC (HCD)

.... for his perusal and necessary action. The order of stay earlier granted by this Court stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 367.......id Binode Behari Das executed a registered will in favour of the plaintiff in respect of the suit land. Subsequently, the said Binode Behari died in this country in 1962 as a citizen of the erstwhile Pakistan and since his death the plaintiff has been owning and possessing the suit property peaceful...... for his perusal and necessary action. The order of stay earlier granted by this Court stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 367...

Category: Property Law | Date: | Hits: 88

Halima Jaman and other Vs. Government of Bangladesh, 1998, 27 CLC (HCD)

.... 1 of the CPC. We find no merit in this application for review. The Rule is accordingly discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 352. ......Petitioner Vs. Government of Bangladesh………………………Respondent Judgment April 20, 1998. Result: The Rule is discharged. Cases Referred To- Government of West Pakistan Vs. Gulzar Mohammad, 21 DLR (SC) 46; Buxly Paints (Bangladesh) Ltd. Vs. Bangladesh, 31 DLR ...... 1 of the CPC. We find no merit in this application for review. The Rule is accordingly discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 352. ..

Category: Property Law | Date: | Hits: 89

Mokthar Masum Abedin and others Vs. Nironjan Kumar Mondol and others, 1997, 26 CLC (HCD)

....ing in view of the fact and circumstances of each and every case. Judicial discretion means a discretion which is informed by tradition, methodised by analogy and disciplined by system. It is to be remembered that for effectual and complete adjudication and settlement of all the questions involved i...... two thousand) only to the plaintiff-opposite- party. Stay granted by this Court at the time of issuance of the Rule stands vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 341....... two thousand) only to the plaintiff-opposite- party. Stay granted by this Court at the time of issuance of the Rule stands vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 341...

Category: Procedural Law | Date: | Hits: 74

Ziauddin Ahmed Vs. Bangladesh,1994, 23 CLC (HCD)

....upreme Court and the Pakistan Supreme Court, the Court was pleased to hold that while exercising the power of refusing to grant or impounding or canceling a passport, the authority would do well to remember that it is a basic human right recognised in Article 13 of the Universal Declaration of Human...... question of revocation or cancellation of passport also discussed the question of refusal to grant passport. After taking into consideration the several decisions of the Indian Supreme Court and the Pakistan Supreme Court, the Court was pleased to hold that while exercising the power of refusing to.......92 issued by the respondent No. 1 under the signature of respondent No. 3 to be without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 29...

Category: Constitutional Law | Date: | Hits: 238

Santosh Kumar Paul Vs. Nuruddin Ansari, 1993, 22 CLC (HCD)

....save his life, as the non‑Bangalees (Beharis) used to kill people at that time. Further case of the plaintiff was that due to the threat of defendant No. 1, the plaintiff‑appellant along with the members of his family roamed over different places and after the liberation of Bangladesh, he took s......ate Court is set aside and that of the trial Court is upheld in part with the above term. Let the records be sent down expeditiously. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 70.......intiff, the present appellant also became a murid of the said Pirshaheb and thus the plaintiff started to rely on and believe the defendant. 5. During the liberation war of Bangladesh when the Pak Army advanced to Rajbari on 21.7.71 and the Beharis started looting and arson here and there the pla..

Category: Procedural Law | Date: | Hits: 129

Lt. Cdr (Retd) AHM Mahmud Vs. Masud Ahmed, 2010, 39 CLC (HCD)

....ed for. He further submits that the peti­tioner's Contempt Petition is bad for defect of par­ties since the decision taken was not taken by the contemnors, but by the Board of Trustees and no other members of the Board of Trustees has been made a party in the Contempt Petition. 17. With regard ...... for a period of five years and also in the case of such a Government ser­vant who has rendered continuous service for at least three years and who is permitted to under­go training or study within Pakistan after exe­cuting a similar bond; and Provided further that in case of absence on account o...... the petitioner within 3(three) months from receipt of a copy of this judgment. Let a copy of this judgment be communicated at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 149. ..

Category: Employment/Service Law | Date: | Hits: 156

Ataur Rahman (Md.) Vs. Bangladesh and others, 2010, 39 CLC (HCD)

....honour of the Judiciary. He is aware of his duty as a citizen in consonance with Article 21 of the Constitution to ensure the observance of the Constitution and the laws of Bangladesh. As a conscious member of the society and the Secretary-General of the Bangladesh Judicial Service Association, the ......umbai Kamgar Sabha, Bombay Vs. Abdul Bhai, AIR 1976 SC 1466; (Blackburn Vs. Attorney-General, [1971] 2 All ER 1380); SP Gupta Vs. President of India, AIR 1982 SC 149; Benazir Bhutto Vs. Federation of Pakistan, PLD 1988 SC 416; Bangladesh Sangbadpatra Parishad Vs. Bangladesh, 43 DLR (AD) 126; Banglad...... of Business, the Cabinet Division has been allocated the subject 'Warrant of Procedure'; but the Cabinet Secretary upon opaque considerations has placed himself along with the Chiefs of Staff of the Army Navy and Air Force and the Principal Secretary to the Government at serial No.12 whereas some c..

Category: Constitutional Law | Date: | Hits: 270

Bazlur Rahman (Md.) Vs. Government of the People's Republic of Bangladesh, 2009, 38 CLC (HCD)

....allowances violating the provisions of law.  9. The respondent No.2 also filed a supplementary affidavit on 8-7-2009 quoting the 'Regulation' (circular) 2002. This Regulation indicates that 6 members committee headed by Brigadier General Ali Akbar had been formed for making recommendation fo......l or otherwise without a hearing before an independent authority not interested in the proceedings or in any party to the proceedings. In the case of Saiyyid Abul A'la Maudoodi Vs. Government of West Pakistan, reported in 17 DLR (SC) 209; PLD, 1964 (SC) 673 wherein it is held:  Principle of ......from the date of receipt of the Judgment and order.  Communicate the order at once.  Ed.  This Case is also Reported in: 62 DLR (HCD) (2010) 360; 18 BLT (HCD) (2010) 279. ..

Category: Others | Date: | Hits: 149

American Life Insurance Company Vs. Dacca Poura Shaba and others, 1978, 7 CLC (AD)

....ce is a body Corporate, having perpe­tual succession and a common seal under section 8(2) of the Ordinance. Under section 9 a Municipal Committee is constituted by elected and official and appointed members as a Controlling Authority may fix. The Con­trolling Authority under the Ordinance has vari......others……………………Respondent Judgment May 23, 1978. Result: The appeal is allowed. Cases Referred to- Mian Jamal Shah Vs. the Member, Election Commission, Government of Pakistan, Lahore, 1966 18 DLR (SC) 1; PLD 1966 (SC) 1; Not Bell Lipuors Ltd.; Baldwin and Francis Lt......s to costs. Order of the Court. In accordance with the view of the ma­jority, we allow this appeal without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 276...

Category: Fiscal/Taxation Law | Date: | Hits: 156

Bangladesh Steamer Agent's Association Vs. Bangladesh & others, 1979, 8 CLC (AD)

....udgment of the High Court Division is set aside and the impugned order is set aside as having been passed without any lawful authority. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 272....... Vs. Bangladesh & others………………………Respondents Judgment May 31, 1979. Result: The appeal is allowed. Cases Referred to- Abul Alla Moududi Vs. Govt. of East Pakistan, (1965) 17 DLR (SC) 209; PLD 1964 SC 673; Abdur Rahman Vs. Collector and Deputy commissione......udgment of the High Court Division is set aside and the impugned order is set aside as having been passed without any lawful authority. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 272...

Category: Business or Commercial Law | Date: | Hits: 208

Rowshena Jahan Vs. State and another, 2010, 39 CLC (HCD)

....rned Court shall proceed with the case in accordance with law. Send a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 90. ......rned Court shall proceed with the case in accordance with law. Send a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 90. ......rned Court shall proceed with the case in accordance with law. Send a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 90. ..

Category: Criminal Law | Date: | Hits: 100

Buxly Paints (Bang­ladesh) Ltd. Vs. Bangladesh, 1977, 6 CLC (AD)

....d order of the High Court Division are set aside and it is declared that the Notification dated 19-2-12 is without any lawful authority. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 266.......ule issued upon an application under Article 102 of the Constitution made by the appellant. 2. The appellant Buxly Paints (Bangla­desh) Ltd., is a public company incorporat­ed on 15-2-71 in East Pakistan having its re­gistered office at Chittagong and one of the objects of the company was to a......d order of the High Court Division are set aside and it is declared that the Notification dated 19-2-12 is without any lawful authority. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 266...

Category: Property Law | Date: | Hits: 79

Syed Abdul Ali Vs. Secretary, Ministry of Cabinet Affairs, Establishment Division & others, 1979, 8 CLC (AD)

....the dismissal order has been passed without any lawful authority and is of no legal effect. However, there will be no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 256.......y pending before the Board when he was allowed the leave pre­paratory to retirement. It considered that the Memorandum issued in pursuance of the 6th Amendment of the Constitution of the Republic of Pakistan for 1962 which provided that a Government servant who has been granted leave preparatory to......the dismissal order has been passed without any lawful authority and is of no legal effect. However, there will be no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 256...

Category: Employment/Service Law | Date: | Hits: 107

Nasiruddin Sarkar Vs. Member, Appellate Tribunal & others, 1979, 8 CLC (HCD)

....gment and order of the High Court Division are set aside. The order of conviction and sentence passed against the appellant are quashed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 310.......gment and order of the High Court Division are set aside. The order of conviction and sentence passed against the appellant are quashed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 310.......gment and order of the High Court Division are set aside. The order of conviction and sentence passed against the appellant are quashed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 310...

Category: Criminal Law | Date: | Hits: 91