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Bangladesh and others Vs. Md. Abu Taher, 1978, 7 CLC (AD)

.... (C A. No. 138 of 1977). Lawyers Involved: K.A. Bakr, Attorney-General with B.B. Roy Chowdhury, instructed by D. Hossain, Advocate-on-Record - For the Appellants. Syed Ishtiaq Ahmed, Senior Advocate ins­tructed by A. Backkar, Advocate-on-Record - For the Respondent. Civil App......nd for granting leave, the second ground becomes redundant for our answer. The appeal is, therefore, dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 33. ......nd for granting leave, the second ground becomes redundant for our answer. The appeal is, therefore, dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 33. ..

Category: Employment/Service Law | Date: 12 Jul, 1978 | Hits: 96

Monoruddin @ Mona & another Vs. The State, 1978, 7 CLC (HCD)

....lants and direct them to be set at liberty forthwith if not required in connection with any other case. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 282.     ......lants and direct them to be set at liberty forthwith if not required in connection with any other case. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 282.     ......nation was done by P.W. 14 and the viscera, liver etc. of the deceased were sent to the Chemical Examiner who found aconite poison in the viscera. After completion of investigation, the Investigating Officer P.W.18 submitted charge-sheet against the accused-appellants and others. Upon commitment the..

Category: Criminal Law, Procedural Law | Date: 13 Jun, 1978 | Hits: 1

A. K. Mujibur Rah¬man, alias Mujibar Rahman Vs. Returning Officer & others, 1978, 7 CLC (HCD)

....ication is rejected summarily. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 156         ......ication is rejected summarily. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 156         ...... Original Jurisdiction) Present: Shahabuddln Ahmed J Abdul Matin Khan Chowdhury J A. K.Mujibur Rah­man, alias Mujibar Rahman................Petitioner Vs. Returning Officer & others...................................Respondent Judgment June 2, 1978. ..

Category: Civil Law, Election Law | Date: 2 Jun, 1978 | Hits: 4

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.   ......o were omitted from the constitutional vocabulary and the language was adopted which is in identical terms of the present constitutional terms and finds place in our Constitution in Article 102. Judicial pronouncement in the highest level have explained that the jurisdictional aspect has been e......t was created by Regulation 1 does not stipulate any such requirement. But provides in sub-regulation (3) that Chairman of a Special Martial Law Court shall be appointed from among Sessions Judges or Officers of the Defense Service of Bangladesh Rifles not below the rank of Lieutenant Colonel or equ..

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   ......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   ......l Procedure, 1908. (b) the Court shall within seven days of the filing of an application under sub-sect ion (1), send a copy thereof by registered post at the applicant's cost to the Revenue Officer concerned for holding a local inquiry, in presence of the parties concerned, on the subject-..

Category: Property Law | Date: 2 May, 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 ......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 ......, under the same partners whose share-allocations in both the firms remained the same. For the relevant assessment years these two firms submitted separate returns of their income, but the Income Tax Officer instead of assessing the income separately tagged the incomes of both the firms together and..

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. ......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. ......rged. Cases Referred To- R. Vs. Dunsheath Ex-parte MEREDITH (1950) 2 All. E. R. 741, Thorne Vs. University of London, (1966) 2 All F.R. 338. Kindersley Vs. C Shafiqur Rahman Vs. Certificate Officer, Dacca and another, (1977) 29 DLR SC) 232. Lawyers Involved: A. B. M. Nurul Islam,..

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     ......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     ...... of cases wherefrom the very nature of the action to be taken this principle cannot possibly have any application. Thus can it be said that, where a breach of peace it taking place in the view of the Officer or authority empowered to prevent breaches of peace by restricting the movement of persons, ..

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.     ......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.     ...... of cases wherefrom the very nature of the action to be taken this principle cannot possibly have any application. Thus can it be said that, where a breach of peace it taking place in the view of the Officer or authority empowered to prevent breaches of peace by restricting the movement of persons, ..

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

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.   ......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.   ......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.   ..

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

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

....s……………………Respondents Judgment February 28, 1978. Result: The appeals are dismissed. Lawyers Involved: S.R. Pal, Senior Advocate, instructed by Mian Abdul Gafur, Advocate-on-Record - For Appellant (In Civil Appeal......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. ...... the service of any employee by calling upon him to resign or otherwise, after the expiry of the period of his proba­tion on giving him three month's notice or pay in lieu thereof if he is an Officer in class-I and above, and on giving him one month's notice or pay in lieu thereof if he ..

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)

.... joined the service of the Council in 1962 as a Junior Technician and by dint of merit and efficient discharge of duties he was promoted to the post of Technician on 10.9.65. He was again promoted as Senior Technician on 10.9.68. He was served with a notice dated 12.10.76 in which it was alleged tha......, 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   ......for all policy-matters of the Council. There shall be a Governing Body of the Council for general direction and superintendence of the affairs of the Council including the administration of its fund. Officers and employees will be appointed by the Council on terms and conditions to be determined by ..

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.   ......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.   ......e land was taken on 31.1.75. The Deputy Commissioner, by a subsequent order dated 17.3.75 derequisitioned the land and restored its possession to the petitioner. But Respondent No.5, Land Acquisition Officer, Barisal, by a notice dated 24.9.77 (Annexure C) informed the petitioner that the government..

Category: Property Law | Date: 24 Feb, 1978 | Hits: 2

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.   ......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.   ......d 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 section 29 of the Sales Tax Act for charging sales tax on the ..

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   ......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   ......ondent No. 2 contested for the office of Chairman. Immediately on the close of the poll in three polling stations of the Union, ballot papers were counted in presence of the parties and the Presiding Officers recorded the results of the counting in the prescribed forms and then forwarded the same to..

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 ......re the Court below nor noticed by the Court itself. But, in our view, the contention of the learned Advocate is of substance. Although upon the basis of certain observations of their Lordships of the Judicial Committee in the case of Fischer Vs. The Secretary of State (ILR) 39 Cal. 704), there have ......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

Farid Ahmed Vs. The Govt of Bangladesh & others, 1978, 7 CLC (HCD)

.... in accordance with law. In the result the rule is made absolute. No order as to costs. Shahabuddin Ahmed J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 300. ...... in accordance with law. In the result the rule is made absolute. No order as to costs. Shahabuddin Ahmed J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 300. ......Abdur Rahim, Proprietor of A.R. Hosiery respondent No. 4 accompanied by some goondas forcibly took his signatures on some typed stamped papers. The petitioner brought this matter to the notice of the Officer-in-Charge, Kotwali Police Station and made a G.D. Entry there on 6.3.73 When he came to know..

Category: Fiscal/Taxation Law | Date: 10 Feb, 1978 | Hits: 2

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     ...... 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     ......o the petition made in super session of the order No. 433/1-PXV (O) dated November 16, 1972 of the Secretary (Establishment) Bangladesh Railway Board and the order dated 1-1-73 of the Chief Personnel Officer, Bangladesh Railway, Chittagong creating the petitioner as a fresh appointee with effect fro..

Category: Administrative Law, Employment/Service 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.   ......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.   ......s under the Corporation and that in pursuance of this policy 61 employees of this unit were transferred. In this connection Mr. Asrarul Hossain has referred to the evidence of O.P.W.1, Administrative Officer of the Corporation. This witness has stated that the order transferring 61 employees includi..

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.   ......the enquiry and that before that stage is reached no 'action is proposed to be taken". In support of this contention he has relied upon a number of decisions, particularly, a decision of the Judicial Committee of the Privy Council in the case of The-High Commissioner for India and another V......77 (Annexure-C) of Respondent No.1, Government of Bangladesh, communicated under the signature of respondent 3, Joint Secretary, Establishment Division, compulsorily retiring the petitioner, a Circle Officer (Revenue) from service under rule 3(3)(b) of the Government Servants (Discipline and Appeal)..

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