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Dacca Municipal Corporation Vs. Sonali Bank and Ors., 1981, 10 CLC (AD)

.... shall not exceed seventeen percent even when annual value exceeds Rs. 10600/. 9. For the fuller appreciation of the con­troversy, it seems to me that some of the details is called for which speaking with utmost respect did not attract the considera­tion in the previous judgments, Benga...... Appellant. Asrarul Hossain, Senior Advocate, instructed by Syed Sakhawat Ali, Advocate-on-Record.— For the Respondent No. 1 Civil Appeal No. 103 of 1980. (From the judgment and order dated 31-5 -79 passed by the High Court Division in Writ Petition No. 135 of 1980.) Judgm..

Category: Administrative Law, Fiscal/Taxation Law | Date: 10 Mar, 1981 | Hits: 111

Rokeya Begum Vs. Shafiqur Rahman & State, 1981, 10 CLC (HCD)

...., below is directed to proceed with the cases in accordance with law. In the result the Rules are made, absolute. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 82   ......ion 197 Cr.P. C. was necessary before taking cognizance, placed the case before the Sub-divisional Magistrate for necessary action. On 28-2-30 the learned Sub-divisional Magistrate after perusing the order passed by the learned Magistrate on 20-2-80 and being of the opinion that sanction was necessa..

Category: Criminal Law | Date: 4 Mar, 1981 | Hits: 1

Tripura Modern Bank ltd. Vs. Shuva Karan Rajgharia, 1981, 10 CLC (HCD)

....nce with law. The appeal is accordingly allowed with­out any order as to costs. Communicate the order expeditiously. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 96 ......d. Lawyers Involved: Raftque-ul-Huq, Advocate-For the appellant. First Miscellaneous Appeal No. 177 of 1975 Judgment Abdur Rahman Chowdhury J.- This appeal arises out of an order passed by the Subordinate judge allowing an application under section 47 of the Code of Civil ..

Category: Banking Law | Date: 18 Feb, 1981 | Hits: 2

Bangladesh Steamer Agents Association Vs. Bangladesh, 1982, 11 CLC (AD)

....ns raised by the learned Counsel of the appellant. The appeal is dismissed, but without any Order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 467     ......ns raised by the learned Counsel of the appellant. The appeal is dismissed, but without any Order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 467     ..

Category: Business or Commercial Law | Date: 10 Feb, 1981 | Hits: 113

Chairman, National Board of Revenue & Others Vs. Md. Jahurul Hoque, 1981, 10 CLC (AD)

....without any order as to costs. The order   of the High Court Division is set aside and the writ is recalled. Ed. This Case is also Reported in: 1 BLD (AD) (1981)139.   ......-on-Record-For the Respondent. C.A. 113 of 1980 from Writ Petition No. 265 of 1978. Judgment Badrul Haider Chowdhury J. - This appeal by special leave arises from the judg­ment and order of the High Court Division dated 8th August, 1979 in Writ Petition No. 256 of 1978. 2. Th..

Category: Administrative Law, Employment/Service Law | Date: 26 Jan, 1981 | Hits: 1

Assessing Officer, Narayanganj Range, & Others Vs. Burmah Eastern Limited, 1981, 9 CLC (AD)

....eld that the Writ Petition was maintainable. For the aforesaid reasons this appeal is dismissed but without cost. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 450   ......ejected the appellant's contention. It was submitted by the learned Additional Attorney General that Rule 12 of the Urban Immovable Property Tax Rules Provides First Appeal against the assessment orders passed by the Assessing Officer, before the Deputy Director of Taxation and a Second Appeal b..

Category: Fiscal/Taxation Law | Date: 22 Jan, 1981 | Hits: 0

Abul Hashem @ Abul Hasem Talukder Vs. Administrator of Waqfs & others, 1981, 10 CLC (HCD)

....ree to move the learned Munsif in O.C. Suit No. 5/77 to proceed with the disposal of the temporary injunction matter and the suit. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 63 ......vocates-For the Opposite parties Civil Revision No.691 of 1979 Judgment Mustafa Kamal J.-  This Rule obtained u/s. 115 (old) of the Code of Civil Procedure calls into question an order passed by the learned Additional District Judge, Chittagong dismissing the petitioner's ap..

Category: Trust/Waqf Law | Date: 13 Jan, 1981 | Hits: 1

Chairman, D.I.T. & Another Vs. Chairman, 2nd Laour Courts & Another, 1981, 10 CLC (AD)

....our Court are set aside, and the petition before the Labour Court dismissed. There will be no Order as to costs.  Ed. This Case is also Reported in: 1 BLD (AD) (1981) 462   ......at the Dacca Improvement Trust does not answer the description either of the "commercial establishment" or "industrial establishment" as given in the Employment of Labour Standing orders Act, 1965. D.I.T. does not deal any business of advertising nor it is a commercial agency nor..

Category: Administrative Law, Labour and Industrial Law | Date: 12 Jan, 1981 | Hits: 0

Goutam Ranjan Sen & others Vs. Bangladesh & others, 1981, 10 CLC (AD)

....sts.                    Ed. This Case is also Reported in: 1 BLD (AD) (1981) 126   ......in part, in that, the decision of the High Court is con­firmed subject to this modification that the suit shall remain stayed so long the suit property remains a vested property. There will be no order as to costs.             &nbs..

Category: Property Law | Date: 8 Jan, 1981 | Hits: 2

Dr. Nurul Islam Vs. Bangladesh & Others, 1980, 9 CLC (AD)

....ts. The decision of the High Court Division is set aside and the impugned order declared to be of no lawful authority. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 140   ...... Civil  Appeal 122 of 1980 from Writ Petition 489 of 1980 Judgment K. Hossain CJ.- Though I agree with the conclusion reached by the Court, that the appeal be allowed and the Impugned order declared to have been made without lawful authority, and agree with the reasons given by my le..

Category: Administrative Law, Employment/Service Law | Date: 9 Dec, 1980 | Hits: 6

Shamuj Ali & Others Vs. Kamalar-Ma Bibi & Others, 1980, 9 CLC (AD)

....preferred from the decree of reversal of the first appellate Court. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 131   ......, Advocate-on-Record-For the Respondent 1. C. A. 56 of 1980 from S. M. A. 45 of 1970 Judgment Shababuddin Ahmed J. —This appeal by special leave calls in question a judgment and order of the High Court Division dated July 24, 1979 in S. M. A. No. 45 of 1970 reversing the judgme..

Category: Civil Law, Procedural Law | Date: 26 Nov, 1980 | Hits: 2

Sudhangshu Kumar Chowdhury & Another Vs. Md. Ali Hossain & Others, 1980, 9 CLC (AD)

....e Judge was justified in decreeing the suit. The appeal is therefore dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 128;46 DLR (AD) (1994) 151   ......uit premises was about to be taken over by the Custodian of Enemy Property and proforma-defendant 3 moved the authority con­cerned for release of the same and get the prop­erty released by an order dated 18-8-66. Defendants 1 and 2 on getting scent of aforesaid order of release of the suit p..

Category: Civil Law, Procedural Law | Date: 26 Nov, 1980 | Hits: 1

Bangladesh Vs. Mohammed Ali and 6 others, 1980, 9 CLC (AD)

....he High Court Division setting aside the conviction though on a different ground. In the result, the petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 104. ......pecifically provided in a statute such power cannot be read into it and exercised. Before the provision for review was brought into this statute by amendment there was provision for appeal against an order of sentence of a Martial Law Court and the appellate power specifically included the power of ..

Category: Criminal Law | Date: 24 Nov, 1980 | Hits: 53

Md. Hazrat Ali Vs. Chairman, Bagladesh Chemical Industries Corporation & another, 1980, 9 CLC (HCD)

....ies Division of the Government of Bangladesh and the Chairman of Bangladesh Chemical Industries Corporation urgently. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 86.   ...... its Administrative officer. In this con­nection it may be observed that the petitioner, was ultimately absorbed in the service of Bangladesh Chemical Industries Corporation and when the impugned order of dismissal was served upon the petitioner, he was the employee of the Corporation as such an..

Category: Constitutional Law, Corporate Law | Date: 21 Nov, 1980 | Hits: 2

Abdul Bari Vs. State, 1980, 9 CLC (HCD)

....case to the Court of Sessions for trail forthwith. In the result, the Rule is discharged with direction as above. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 52   ......opposite party No. 2. Moazzem Hossain, Deputy Attorney General-For the State. Criminal Revision No.64 of 1980 Judgment Md. Altaf Hossain J.—This Rule is directed against an order dated 30-1-80 passed by the learned Additional Sessions Judge, Sylhet in Crl. Motion No. 9/111..

Category: Criminal Law, Procedural Law | Date: 18 Nov, 1980 | Hits: 1

Mansurul Aziz & Another Vs. Secretary, Ministry Of Land Administration And Land Reforms & Others, 1980, 9 CLC (AD)

....e and the impugned order of requisition is declared to have been issued without any lawful authority. We make no order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 75 ......uthority to the Deputy Commissioner to requisition certain immovable property for a public purpose. Providing accommodation to a government office is no doubt a public purpose. But to justify such an order a case is to be made out that alternative accommodation is not available, and it is essen­..

Category: Civil Law, Property Law | Date: 6 Nov, 1980 | Hits: 2

Ramani Marak & Another Vs. Jamini Marak & Others, 1980, 9 CLC (AD)

....ithout being in possession, wants to dis­turb the possession, the Court cannot be power­less to grant temporary injunction in an appro­priate case. The order granting injunction must be a speaking order………… (5) Case Referred to- Kanti Ram Shil Vs. Su......t is found that the defend­ant without being in possession, wants to dis­turb the possession, the Court cannot be power­less to grant temporary injunction in an appro­priate case. The order granting injunction must be a speaking order………… (5) Case Ref..

Category: Civil Law, Property Law | Date: 5 Nov, 1980 | Hits: 1

Mrs. Winifred Rubie & others Vs. Bangladesh & others, 1980, 9 CLC (HCD)

.... having no legal effect. Accordingly, this rule is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 30.    ......General-For Respondent No. 2. W. P. 43 of 1978 Judgment Syed Muhammad Hussain J. - This rule arising out of an application under Article 102 of the Constitution is directed against an order passed by the Additional Deputy Commiss­ioner, Land Acqusition, Dacca on 19-7-77 requisiti..

Category: Public Interest Litigation | Date: 11 Sep, 1980 | Hits: 7

Mokbul Ahmed and others Vs. Ali Ekabbar and others, 1980, 9 CLC (HCD)

....he defendants 10-17 will be struck of the decree. The order of the learned Munsif for resto­ration of the said order is set aside. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 86. ....... De­fendant Nos.1-9 entered appearance but later on compromised the suit with the plain­tiff. The suit was decreed on compromise against the defendants 1-9 and ex parte against defendants 10-17 by order dated 5.7.71. Thereafter, defendants Nos.1 to 3 filed an application before the learned Munsif..

Category: Procedural Law | Date: 11 Sep, 1980 | Hits: 29

Abdus salam Vs. Musabbir Ali & others, 1980, 9 CLC (HCD)

....Code of Criminal Procedure. As such the reference is accepted. The records be sent down expeditiously. Ed. This Case is also Reported in: 1 BLD (HCD) (1981)60     ...... A.S. Faizel Islam Chowdhury J.- This refer­ence was made by Mr. S,H. Molla., Special Judge  Ex-Offlcio Additional Sessions Judge Sylhet under which he recommended for setting aside the order dated 6-1-77 passed by Mr. Golam Mortuza, Magistrate 1st Class and Resident Magistrate, Zakiga..

Category: Criminal Law | Date: 4 Sep, 1980 | Hits: 1