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Haji Joynal Abedin Vs. State, People's Republic, Bangladesh others, 1978, 7 CLC (HCD)

.... 1976. While the case was pending before the Special Tribunal it was transferred to the Special Martial Law Court No. If, Dacca, vide Notification No. 991-JIV/2T-17/76 dated 23-12-76 published in the Bangladesh Gazette, Extraordinary. 5. Thereafter the Special Marital Law Court was constituted ......t High Court Division (Special Original Jurisdiction) Present: Badrul Haider Chowdhury J Abdul Malek J Haji Joynal Abedin...............................Petitioner Vs. State, People's Republic, Bang­ladesh others……..Respondents Judg....... 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.   ......61; Actoan Afzal (1969; 21 DLR (SC) 123; State of West Bengal Vs. Anwar Ati AIR 1952 (SC) 92; Kangeshari Haldar AIR 1960 (SC)457. Lawyers Involved: Serajul Huq, Amir Hossain Khandkar, Zakir Ahmed, Suranjit Sen Gupta, Sohrab Hossain and Kazi Shahabuddin Ahmed—For the Petitioner. ..

Category: Administrative Law, Criminal Law | Date: 4 May, 1978 | Hits: 3

Abu Daud and others Vs. Sailuddin Sardar & others, 1978, 7 CLC (HCD)

....he schedule to the application. It is khatian No. 2184 Plot No, 2594 measuring 11.97 acres. This land has been recorded in SA. Khatian No.1 in the name of the Deputy Commissioner. In this application Bangladesh has been impleaded as opposite party No.1 and Sailuddin Sardar, Golam Rabbani and Ramjan ...... Revisional Jurisdiction) Present: Ranadhir Sen J Abu Daud and others………………………………..Petitioners Vs. Ruhul Amin Sardar and others (In C.R. 445/75) Sailuddin Sardar & others…&he......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   ..

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

Saifuddin Ahmed Siddiqui Vs. The Deputy Custodian, Enemy Property Manage¬ment Board, 1978, 7 CLC (HCD)

....made absolute but in the facts and circumstances of the case, there will be no order as to costs. Communicate the order at once. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 107 ...... (HCD) (1979) 107 ......made absolute but in the facts and circumstances of the case, there will be no order as to costs. Communicate the order at once. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 107 ....... This Case is also Reported in: 31 DLR (HCD) (1979) 107 ..

Category: Property Law, Trust/Waqf Law | Date: 14 Apr, 1978 | Hits: 3

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 ...... (Special Original Jurisdiction) Present: Shahabuddin Ahmed J Sultan Hossain Khan J Commissioner of Income Tax, Chittagong Zone…………Appellants  Vs. M/S. Pakistan Tubewell Company……………..Respondent Judgmen......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 ......in Khan J.- I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 104 ..

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)

....tificate Officer, Dacca and another, (1977) 29 DLR SC) 232, the erstwhile Supreme Court has laid down as follows:- “But in the late Constitution of Pakistan and also in the Constitution of Bangladesh the rule as to alternative remedy has been made a part of the positive law of the country......rt High Court Division (Special Original Jurisdiction) Present: S. M. Mohsen Ali J A. T. M. Afzal J Badrunnessa..........................................Petitioner Vs. Vice-Chancellor, Uni­versity of Dacca and others....................Respondents Ju......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. ......dersley Vs. C Shafiqur Rahman Vs. Certificate Officer, Dacca and another, (1977) 29 DLR SC) 232. Lawyers Involved: A. B. M. Nurul Islam, Advocate—For the Petitioner. Syed Ishtiaq Ahmed with Mahmudul Islam, Advocates—For the Respondents. Writ Petition No. 279 of 1977. ..

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     ......sdiction) Present: Badrul Haider Chowdhary J A.T.M Masood J Amirul Islam Chowdhory J Saber Ahmed and 30 others (2nd party)…………… Petitioner Vs. Amir Hamja & 6 others……………………........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.     ......ction) Present: Badrul Haider Chowdhary J A.T.M Masood J Amirul Islam Chowdhory J Saber Ahmed and 30 others (2nd party)……………Petitioner Vs. Amir Hamja & 6 others……………………........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)

....lip;……Appellant (Civil Appeal No.62 of 1978) Md. Ershad Ali Khan……………………Appellant (Civil Appeal No.78 of 1978) Vs. Bangladesh Bank & others……………………Responde......llip;………Appellant (Civil Appeal No.62 of 1978) Md. Ershad Ali Khan……………………Appellant (Civil Appeal No.78 of 1978) Vs. Bangladesh Bank & others…………………&hellip......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. ......sult: The appeals are dismissed. Lawyers Involved: S.R. Pal, Senior Advocate, instructed by Mian Abdul Gafur, Advocate-on-Record - For Appellant (In Civil Appeal 62 of 1978). Dr. Ahmed Hossain, Senior Advocate, ins­tructed by Aminul Huq, Advocate-on-Record - For Respondents ..

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)

.... Court High Court Division (Special Original Jurisdiction) 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, ...... ......, 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   ...... 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)

....n Ahmed J M. H. Rahman J Meheruddin………………………………………Petitioner Vs. Govt. of Bangladesh and others…………Respondents Judgment February 24, 19......t: Shahabuddin Ahmed J M. H. Rahman J Meheruddin………………………………………Petitioner Vs. Govt. of Bangladesh and others…………Respondents Judgment ......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.   ...... agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 426.   ..

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)

....t assessee under section 29 of the Sales Tax Act and the demand was rightly made by the Sales Tax Officer. The Assessee preferred a second appeal before the Income Tax Appellate Tribunal of Bangladesh, Dacca being S. T. A. No. 305 of 1968-69 (Assessment year 1962-63) and urged that the ass...... Division (Special Original Jurisdiction) Present: K.M. Subhan J Abdul Momith Choudhury J Commissioner of Sales Tax, Chittagong Zone, Chittagong................Applicant Vs. Amin Jute Mills Limited, Sadarghat Road, Chitta­gong.......................Respondent ......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.   ..

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   ......I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 140   ..

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

Project in charge, Paruma (Eastern) Ltd Vs. Mr. Aminur Rahman Khan and another, 1978, 7 CLC (HCD)

....s. 760, 734, 735 and 721 of 1976. There will, however, be no order as to costs. M. H. Rahman J.—I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 124.   ......preme Court High Court Division (Special Original Jurisdiction) Present: Shahabuddin Ahmed J M. H. Rahman J Project in charge, Paruma (Eastern) Ltd...... Petitioner Vs. Mr. Aminur Rahman Khan and another………………..Respond......s. 760, 734, 735 and 721 of 1976. There will, however, be no order as to costs. M. H. Rahman J.—I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 124.   ...... agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 124.   ..

Category: Labour and Industrial Law | Date: 17 Feb, 1978 | Hits: 3

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

....d approved by the general body of the shareholders on 30-6-72. 3. M/S. Alauddin and Taiwa Textile Mills Ltd. (hereinafter referred to as the Company) is a private limited Company incorporated in Bangladesh in collaboration with M/S. Taiwa Company Ltd. of Japan. The Company is more or less a fam......ourt High Court Division (Civil Appellate Jurisdiction) Present: K.M. Subhan J Abdul Momith Chowdhury J Shnmsul Huda....................................Appellant Vs. Jalaluddin Ahmed and others...Defendants-Respondents Judgment February 17, 1978. ...... High Court Division (Civil Appellate Jurisdiction) Present: K.M. Subhan J Abdul Momith Chowdhury J Shnmsul Huda....................................Appellant Vs. Jalaluddin Ahmed and others...Defendants-Respondents Judgment February 17, 1978. Resu......t Division (Civil Appellate Jurisdiction) Present: K.M. Subhan J Abdul Momith Chowdhury J Shnmsul Huda....................................Appellant Vs. Jalaluddin Ahmed and others...Defendants-Respondents Judgment February 17, 1978. Result: Th..

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

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

....ruary 16, 1978. Result: The application is rejected. Cases Referred To- Commissioner of Income Tax Chittagong Zone, Chittagong Vs. The Consolidated Tea and Lands Co. Ltd., in 1977 Bangladesh Tax Decisions page 212; Commissioner of Income Tax, Chittagong Zone, Chittagong Vs. M/s. ......Jurisdiction) Present: K.M. Sobhan J Abdul Momith Choudhury J Commissioner of Income Tax, Chittagong……………………Applicant Vs. Consolidated Tea & Lands Co. Ltd..........................Respondents Judgment ......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. ......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. ..

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

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

.... High Court Division (Special Original Jurisdiction) Present: Shahabuddin J M.H. Rahman J Farid Ahmed..................................Petitioner Vs. The Govt of Bangladesh & others.........Respondents Judgment February 10, 1978. Result: ....... ...... 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. ...... This Case is also Reported in: 30 DLR (HCD) (1978) 300. ..

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

Md. Mahboob Morshed Vs. Bangladesh and others, 1978, 7 CLC (HCD)

....nal Jurisdiction) Present: Shahabuddin Ahmed J M. H. Rahman J Md. Mahboob Morshed………………………..Petitioner Vs. Bangladesh and others....................Respondents Judgment March 7, 1978. Result: ......ial Original Jurisdiction) Present: Shahabuddin Ahmed J M. H. Rahman J Md. Mahboob Morshed………………………..Petitioner Vs. Bangladesh and others....................Respondents Judgment March 7, 1978. ...... 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     ...... Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 111     ..

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.   ...... (Special Original Jurisdiction) Present: Shahabuddin Ahmed J M. H. Rahman J General Manager, Urea Fertilizer Fac­tory, Ghorashal, Palash, Dacca.........Petitioner Vs. Urea Fertilizer Fac­tory Employees Uni­on, Ghorasal Palash, Dacca and others....Res......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.   ...... agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 306.   ..

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

Assistant Electrical Engi¬neer, Pahartali Power House Messrs. M.M. Ispahani Ltd. Pahartali, Chittagong Vs. Chairman, Labour Court, Chittagong & another, 1978, 7 CLC (HCD)

....ight guaranteed or secured. This contention is also found to have been raised before the learned Labour Court but was not accepted. Mr. Shaheed Alam has referred to a decision of the Supreme Court of Bangladesh dated 31-7-77 in Civil Appeal No.55 of 1977 in support of his contention. It has been hel...... Present: Shahabuddin Ahmed J M.H. Rahman J Assistant Electrical Engi­neer, Pahartali Power House Messrs. M.M. Ispahani Ltd. Pahartali, Chittagong................Petitioner Vs. Chairman, Labour Court, Chittagong & another.................Respondents Judgment ......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.     ...... 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)

....gh Court Division (Special Original Jurisdiction) Present: Shahabuddin Ahmed J M. H. Rahman J Progati Khudra Babashayee Samabaya Samity Ltd...........Petitioner Vs. Bangladesh.................................Respondent Judgment February 3, 1978. Resu...... High Court Division (Special Original Jurisdiction) Present: Shahabuddin Ahmed J M. H. Rahman J Progati Khudra Babashayee Samabaya Samity Ltd...........Petitioner Vs. Bangladesh.................................Respondent Judgment February 3, 1978. ......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 ......ahman 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