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Rabiul Hossain Vs. Chairman, District Council Khulna and DC Khulna and others, 1972, 1 CLC (HCD)
....ess otherwise provided, be served or presented by giving or tendering the notice or sending it by post to the person for whom it is intended or by affixing it on some conspicuous part of abode or business. (4) A notice intended for the public in general shall be deemed to have been ...... Chairman, District Council Khulna and DC Khulna and others................Respondents Judgment January 13th, 1971. Lawyers Involved: Ismailuddin Sarkar — For the Petitioner. Abdul Matin Khan Chowdhury — For the Respondents. Pe......s petition was passed without lawful authority and has no legal effect. The petitioner is entitled to his cost of this petition which we assess at Rs. 51.00 (Rupees fifty one-only). Ed. ......s petition was passed without lawful authority and has no legal effect. The petitioner is entitled to his cost of this petition which we assess at Rs. 51.00 (Rupees fifty one-only). Ed. ..Category: Others | Date: | Hits: 92
Daulatpur Jute Mills Ltd. Vs. Income Tax Officer and ors., 1972, 1 CLC (HCD)
.... and 65 to 67 A (inclusive) of the Income Tax Act, 1922, shall apply with such notifications, if any, as may be prescribed, as if the said provisions were provisions of this Act and referred to business profits tax instead of to income tax, and every officer exercising powers under the said ......ioner Vs. Income Tax Officer and ors...............Respondent Judgment July 3rd, 1970. Cases Referred To: ...... doing so by reference to that Act, instead of setting out for itself at length the provisions which it was desired to adopt. In this country it is accepted that, where a statute is incorporated by reference into a second statute ...............as applicable in India as it is in thi......ugned notice and all proceedings thereunder as without lawful authority and of no legal effect. Having regard to the facts and circumstances of the case we make no order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 106
Pak Waterways Vs. EPIWTA and others, 1972, 1 CLC (HCD)
....e contention of the learned Advocate for the petitioner is not supported by sufficient materials to show the number of passengers involved and the disadvantage to the operator for his alleged loss of business and the corresponding advantage and disadvantage of the travelling public. In the absence o...... EPIWTA and others.................Respondents Judgment March 2, 1970. Result: This application fails. Lawyers Involved: Kh. Mahbubuddin Ahmed with Pathan Shafiqur Rahman—For the Petitioner. Respondent- Not represented. Petition No. 465 of 1969. Judgment ...... fails. The result therefore is that this application fails and the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 24 DLR (HCD) (1972) 3. ...... fails. The result therefore is that this application fails and the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 24 DLR (HCD) (1972) 3. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 255
City Bank Limited and others Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)
....nd any substance in the submissions made by Mr. Rokanuddin Mahmud. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 262. ......Act, 1993 (XXVII of 1993), Section 3 The Constitution of Bangladesh, 1972, Article 27 The embargo on banks, insurance companies and other financial institutions to nominate its directors on the Board of a financial institution is based on a reasonable classification. It appears to ......ng two months after the hearing and in the process all, the arguments of the learned Advocate for the petitioners were lost. His main submission is that section 25(3) has taken away the right of a corporate entity to be represented by its own directors. A corporate body like a banking company wh......nd any substance in the submissions made by Mr. Rokanuddin Mahmud. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 262. ..Category: Business or Commercial Law | Date: | Hits: 106
Phoenix Leasing Ltd and others Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)
....surance or financial institutions. Thus all the submissions of Dr. Zahir fail and the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 258. ......ents Judgment July 12, 1999. The Financial Institution Act, 1993 (XXVII of 1993), Section 48 i) Section 25(3) is not a provision which is concerned with the individual or representative character of a director. Petitioner Nos. 2 and 5 may be the nominee-directors of......nsurance or financial institution in their individual capacity, and personally holding shares in the financial institution in question. It does not refer to directors who are nominee-directors of a corporate body. The nominee-directors do not represent themselves or their own personal shareholdi......surance or financial institutions. Thus all the submissions of Dr. Zahir fail and the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 258. ..Category: Business or Commercial Law | Date: | Hits: 96
Secretary, Ministry of Establishment, GoB & Ors. Vs. Md. Jahangir Hosain & 65 ors, 1999, 28 CLC (AD)
....es are available. All the petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 148. ......f persons appointed in the service of the republic and others are left out, the list being prepared by the executive without backing of any law, those left out persons may invoke writ jurisdiction for enforcement of their fundamental rights under article 27 and 29 of the Constitution for getting ......es are available. All the petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 148. ......appointed afresh at Mujibnagar in corresponding ministries in the same or analogous posts in the main secretariat or in the attached or subordinate offices or in autonomous organisations and local bodies, followed by various implementational memos dated 15-7 1972, decision of the Cabinet in its ..Category: Employment/Service Law | Date: | Hits: 81
Government of Bangladesh and Ors Vs. Mohammad Faruque, 1999, 28 CLC (AD)
....other points need not be decided by us. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 112. ......fundamental right. The protection from transfer from one place to another is protection in connection with terms and conditions of service. If there is any violation of any instruction having the force of law touching upon his terms and conditions of service, the Constitution requires one to tak......other points need not be decided by us. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 112. ......other points need not be decided by us. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 112. ..Category: Employment/Service Law | Date: | Hits: 68
State, rep. by the Solicitor, Govt. of Bangladesh Vs. Giasuddin and others, 1999, 28 CLC (AD)
....t on the subordinate judiciary in disposing of criminal justice in Bangladesh. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 103. ......dur Rouf J Bimalendu Bikash Roy Choudhury J State, represented by the Solicitor, Government of the People’s Republic of Bangladesh …………&hellip......t on the subordinate judiciary in disposing of criminal justice in Bangladesh. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 103. ......using damage to his left eye. Accused Majid taking the gun from accused Alam Gazi fired at PW 3 Alauddin causing injury. PWs 1-4 and 6-11 resisted when the accused party tried to take away the dead bodies. At that time accused Nurul Islam and Akkal Ali, son of Swarapdi, dealt ballam blows to PW ..Category: Criminal Law | Date: | Hits: 80
Brahmanbaria Pourashava Vs. Secretary, Ministry of Land Reforms, 1999, 28 CLC (AD)
....lared to have been made without lawful authority. This appeal is allowed accordingly without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 84; 1999 BLD (AD) 87. ......fzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Brahmanbaria Pourashava………………. Appellant Vs. Secretary, Ministry of Land Reforms, Government of Bangladesh and others……Respondents Judgment October 26, 1997. Resu......that the view of the High Court Division that the Writ Court is not competent to interfere with an administrative order is totally wrong. No action detrimental to the vested right of an individual or corporate body can be taken except in accordance with law. 13. For all these reasons, we are una......lared to have been made without lawful authority. This appeal is allowed accordingly without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 84; 1999 BLD (AD) 87. ..Category: Property Law | Date: | Hits: 63
Habibul Islam Bhuiyan President Supreme Court Bar Association, 1999, 28 CLC (AD)
....embarrassing the observation of the Prime Minister in the present case was can be imagined if she had only taken care to know the correct facts. The constitution of the Bench concerned (allocation of business) was changed by the Chief Justice long before the issue of granting bail came to be discuss......ul Islam Bhuiyan President Supreme Court Bar Association……………Petitioner Judgment March 4, 1999. Result: The petition is disposed of. Contempt of Court i) It is entirely for the Chief Justice to decide about the constitution or re-constitution of a Bench of the High Cour......ch have been alleged to be contumacious. For the reasons, however, the application is disposed of with the observations as above. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 68. ......ch have been alleged to be contumacious. For the reasons, however, the application is disposed of with the observations as above. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 68. ..Category: Others | Date: | Hits: 99
Board of Intermediate and Secondary Education, Dhaka Vs. Md. Faizur Rahman & ors., 1999, 28 CLC (AD)
.... 26. At the end of the detailed hearing we do not find any ground for interference. The petition is dismissed Ed. This Case is also Reported in: 51 DLR (AD) (1999) 59. ......p; November 3, 1997. The Intermediate and Secondary Education Ordinance, 1961, Section 10 Section 10 gives the Government the authority to cause an inspection of the affairs of the Board, not of individual schools and colleges. U...... 26. At the end of the detailed hearing we do not find any ground for interference. The petition is dismissed Ed. This Case is also Reported in: 51 DLR (AD) (1999) 59. ...... 26. At the end of the detailed hearing we do not find any ground for interference. The petition is dismissed Ed. This Case is also Reported in: 51 DLR (AD) (1999) 59. ..Category: Constitutional Law | Date: | Hits: 155
Abdur Rouf and others Vs. Jalaluddin and another, 1999, 28 CLC (AD)
....cer found from the statements of the Bank officers recorded under section 161 of the Code of Criminal Procedure that three accused petitioners were present at the Bank on the date of occurrence for business transaction and accused-petitioner Golam Rabbani was under the treatment of a doctor at t......inal Procedure, 1898 (V of 1898) Section 169 Investigating Officer is not competent to weigh the evidence and judge the credibility of the witnesses. The plea of alibi can be taken before the trial court as defence and the court may consider it if proved. The investigating police of......rected by the learned Judges of the High Court Division suffers from no illegality. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 22. ......rected by the learned Judges of the High Court Division suffers from no illegality. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 22. ..Category: Criminal Law | Date: | Hits: 66
Faruk (Md) Vs. Abdul Hamid and others, 1999, 28 CLC (AD)
....ation. They alleged that the petitioners and respondent Nos. 2-6 formed a private limited company under the name and style of Madina Vegetable and Oil Refinery Industries (Pvt) Ltd. taking over the business, assets and liabilities of Madina Vegetable, & Oil Refinery Industries, a proprietary ......sp; April 30, 1998. The Companies Act, 1994 (XVIII of 1994) Sections 210(7) & 233 The provisions of appointing auditors in the annual general meeting is for prospective auditing of a company. When the minority share...... that view of the matter the oral prayer for stay of the present order is refused. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 48. ...... that view of the matter the oral prayer for stay of the present order is refused. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 48. ..Category: Business or Commercial Law | Date: | Hits: 100
Jamir Ali (Md) and others Vs. Secretary, Ministry of Land & others, 2000, 29 CLC (AD)
....equiring body-RAJUK utilised 14 bighas of land and 6 bighas and 13 decimals remained unutilised. They further stated that by constructing pucca and semi pucca structures they were carrying on their business therein from the time of their predecessor. The writ-petitioners of Writ Petition No. 157...... The Acquisition and Requisition of Immovable Property Ordinance, 1982 (II of 1982), section 12 Non-payment of compensation within one year from the date of decision of the Government for acquisition of land as contemplated under section 12 of the Ordinance does not render the land ...... 1953 Act as amended by sections 22 and 23 of the 1987 Act. The petitions are dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 176; 6 MLR (AD) 2001, 41. ...... 1953 Act as amended by sections 22 and 23 of the 1987 Act. The petitions are dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 176; 6 MLR (AD) 2001, 41. ..Category: Property Law | Date: | Hits: 94
Secretary, Ministry of Finance Vs. Md. Masdar Hossain and others, 1999, 28 CLC (AD)
.... frame and which have an immediate legislative effect. One example is Article 55(6) of the Constitution which provides that “the President shall make rules for the allocation and transaction of the business of the Government”. Article 115 of the Constitution provides another example of such a di...... The President can create and establish a judicial service and also a judicial magistracy and make rules and also the rules regarding suspension and dismissal etc. These articles and the Service (reorganization and conditions) Act, 1975 have no manner of application in respect of judicial service ......the Government as respondent Nos. 1-2 and 4-6 in which a Rule Nisi was issued at the first instance to show cause as to why the Bangladesh Civil Service (re-organisation) Order, 1980, purporting to incorporate “Judicial Service” within the Bangladesh Civil Services as one of the Cadre Services v......tinct values or requirements. “Impartiality” refers to a state of mind or attitude of the tribunal in relation to the issues and the parties in a particular case. “Independence” reflects or embodies the traditional constitutional value of judicial independence and connotes not only a state o..Category: Constitutional Law | Date: | Hits: 829
Mustafa Kamal and another Vs. Commissioner of Customs and others, 1999, 28 CLC (AD)
....ush into issuing a Rule Nisi and stay payment of duties and taxes. It should take notice under section 114(e) of the Evidence Act, 1872 and should start with the presumption of regularity in official business. Initially, in the writ petition itself, the writ petitioner must include some reliable and......ember 8, 1999. Result: The two appeals are allowed The Customs Act, 1969 (IV of 1969), Section 25 (7) In fixing tariff value by the Government on the recommendation of a high powered advisory committee such committee does not possess any unfettered, unlimited and absolutely arbitrary dis...... lawful authority insofar as they relate to Soda Ash Light. In the result, the two appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 1. ...... lawful authority insofar as they relate to Soda Ash Light. In the result, the two appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 1. ..Category: Business or Commercial Law | Date: | Hits: 165
Government of Bangladesh and others Vs. Md. Tajul Islam, 1997, 26 CLC (AD)
....High Court Division making the Rule absolute in Writ Petition No. 449 of 1994 filed by the respondent against the appellants. 2. The respondent’s case in the writ petition was that he carries on business of export of manpower to different countries as proprietor of Metropolitan International ho......sh Chandra vs. Bangladesh, 31 DLR (AD) 240, Nasir Ahmed vs. Assistant Custodian, AIR 1980 (SC) 1157), Bangladesh Telecom vs. T&T 48 DLR (AD) 20. Lawyers Involved: B Hossain, Advocate-on-Record-For the Appellants Khondker Mahbubuddin Ahmed, Senior Advocate, instructed by Nawab Ali, Advo......this appeal should be dismissed. Order of the Court By majority decision the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 177. ......this appeal should be dismissed. Order of the Court By majority decision the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 177. ..Category: Constitutional Law | Date: | Hits: 192
Ansarul Haque Vs. Abdur Rahim and 4 others, 1997, 26 CLC (AD)
.... Consult Ltd. and respondent No. 2 is the Managing Director of Sitak Prokoushal Sangstha Ltd. and both the companies are the engineering conductors and dealers of machineries and equipment and had business transaction between themselves since 1971. In the course of such business transaction they......…….. Respondents Judgment January 29th, 1997 Lawyers Involved: Ansarul Huque, Petitioner in person. Awlad Ali, Senior Advocate, instructed by Md. Sajjadul Huq, Advocate-on-Record — For the Respondents. ......t’s the special circumstance of this particular case. The petition is, accordingly, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 145 ......t’s the special circumstance of this particular case. The petition is, accordingly, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 145 ..Category: Criminal Law | Date: | Hits: 93
Sirajul Islam Chowdhury and others Vs. Md. Jainal Abedin & ors., 1997, 26 CLC (AD)
.... FA No. 215 of 1990 by a Division Bench of the High Court Division by judgment and decree dated 26-1-94, from which this appeal arises. 2. The plaintiff-respondent carrying on ship- breaking business under the name and style of Jainal & Sons filed the suit upon averments, inter alia , ......ifur Rahman J Md Abdur Rouf J BB Roy Choudhury J Sirajul Islam Chowdhury and others ……………Appellants Vs. Md. Jainal Abedin & ors………………. Respondents Judgment November 21s......age. The defendant- appellants are directed to pay the said amount within one month. There will be no order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 164 ......age. The defendant- appellants are directed to pay the said amount within one month. There will be no order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 164 ..Category: Admiralty Law or Maritime Law | Date: | Hits: 213
....ven care to appear in the High Court Division to put forward their reasons for taking the impugned actions. If the respondents had no licence as alleged but even then they were carrying on with their business they were entitled to get a notice before sealing of their Mills. If the action was taken f......n: 49 DLR (AD) (1997) 131.
......igh Court Division they cannot be heard to make any excuse now for their actions.
All the petitions are, accordingly, dismissed.
Ed.
This Case is also Reported in: 49 DLR (AD) (1997) 131.
......igh Court Division they cannot be heard to make any excuse now for their actions.
All the petitions are, accordingly, dismissed.
Ed.
This Case is also Reported in: 49 DLR (AD) (1997) 131.
..
Category: Others | Date: | Hits: 128
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