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Assessing Officer, Narayanganj Range, & Others Vs. Burmah Eastern Limited, 1981, 9 CLC (AD)
....973, otherwise penalty would be imposed. The Taxation Officer, Narayanganj by another letter dated 8th August, 1973 asked respondent to show cause why penalty should not be imposed for non-payment of Government dues. 5. Having failed to get any relief, from the appellants, respondent filed Writ......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)
....any, a banking company or a bank, a broker's office or stock exchange, a club, a hotel or a restaurant or an eating house, a cinema or theatre, or such other establishment or class thereof as the Government may, by notification in the official gazette, declare to be a commercial establishment fo......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)
.... the property becoming enemy property and the relevant passage may be quoted. "Upon a true construction of the laws aforesaid, we get, that all rights in such property vest in the Government of Bangladesh and the title of the owner of the property remains subject to the overridin......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)
.... of Mysore, AIR 1965 SC 280; Toro Singh Vs. State of Rajasthan, AIR 1975 SC 1487; Kripa Ram Gupta Vs. R.K. Talwar, AIR 1970 All 296;Neskikar Vs. Union of India; AIR 1972 Mys 71; A.M. Khan Leghory Vs. Government of Pakistan, PLD 1967 Lah 227; Pakistan Vs. Liaquat Ali Khan, PLD 1959 SC 87;Zaibtun Text...... 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)
....ers .....................Respondents Judgment November 24, 1980. Result: The petition is dismissed. Martial Law Regulation No. 1 of 1975, Regulation No.4(4) Whether the Government's power of review under Regulation No.4(4) includes the power to convert an acquittal......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)
....tory Administrator since it was treated as abandoned property. During the period the Factory remained abandoned, its administration was carried on by a local Management Board consisting of public and Government representatives in which the petitioner was also member and continued to act as the ...... 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
....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)
....taken by them in making an order which calls for no interference. This appeal is, therefore, dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 57 ......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)
....ry 1980. From the aforesaid facts and circumstances of the composition and organisation of the school it clearly appears that this school is not in conformity with the national edcation policy of the Government pursuant to the fundamental principles of the State Policy. This would be clearly evident......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
Nurunnessa & others Vs. Babar Ali Bepari & Others, 1980, 9 CLC (AD)
.... reside in Bangladesh a power of attorney executed before and authenticated by a Notary Public, or any Court, Judge, Magistrate, Bangladesh Consul or Vice-Consul or representative of the Central Government. The other provisions need not be mentioned. The rule next that calls attention is sub-se......idence. The person seeking to prove may take recourse to the relevant provisions of the law to discharge this onus of proof. 19. In this view of the matter, we allow the appeal and set aside the orders of the High Court Division and that of the Court of appeal below and remit the case back to t..Category: Civil Law, Procedural Law | Date: 27 Aug, 1980 | Hits: 3
Mosammat Nurunnahar Begum & another Vs. Abdul Jabbar Mondal & others, 1980, 9 CLC (HCD)
.... compensation. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 56 ......t the petitioner has not examined his son for 'obvious reasons." We cannot but come to the conclusion that the petitioner has withheld his son whom he could easily bring as a witness in order to corroborate his assertion that he came to acquire knowledges of the transfer from Dr. ..Category: Property Law | Date: 26 Aug, 1980 | Hits: 2
Messrs Ahmed & Sons Vs. Messrs Eastern Technique & others, 1980, 9 CLC (HCD)
....under sub-section (1) or sub-section (2) has been assigned to an Additional Judge, the appeals may be preferred to the Additional Judge. (4) The High Court may, with the previous sanction of the Government, direct, by notification in the official Gazette, that appeals lying to the District......ith Abdul Azim, Advocates-For the Opposite party N.2. Judgment Civil Appeal No. 822 of 1980 Ranadhir Sen J. - This Rule, at the instance of the plaintiff, is directed against the order dated 16-6-80 of the learned Subordinate Judge, refusing the plaintiff's prayer for attach..Category: Civil Law, Corporate Law | Date: 6 Aug, 1980 | Hits: 1
Nurul Islam & others Vs. Md. Abdur Rashid, 1980, 9 CLC (HCD)
....ed order calls for no interference by this Court. The rule is accordingly discharged without any order as to cost. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 25. ...... Petitioners. SR. Pal with S.K. Sinha, Advocates -For opposite party No.1. Civil Revision 1482 of 1979 Judgment Amirul Islam Chowdhury J.— This Rule was directed against the order dated 19-11-79 passed by Mr. H. Hoque, Subordinate Judge, 3rd Court, Dacca in T.S. No. 152 of ..Category: Civil Law, Procedural Law | Date: 6 Aug, 1980 | Hits: 1
Md. Serajul Islam Vs. Md. Serajul Islam & others, 1980, 9 CLC (HCD)
....Rule is, accordingly, made absolute without any order as to costs and the plaint is rejected and the suit dismissed. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 267 ......Ruhul Amin—For the Opposite party. Civil Revision No.106 of 1984. Judgment A. T. M. Afzal J.- This Rule at the instance of the defendant No.6-petitioner, is directed against the order dated 19.5.84 passed by the learnd Munsif, 3rd Court, Comilla (In charge of 1st Court) in Titl..Category: Administrative Law, Election Law | Date: 1 Aug, 1980 | Hits: 1
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