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Sasanka Sekhar Bose @ Mona Bose Vs. Government of Bangladesh, 1981, 10 CLC (HCD)

....expeditiously as practicable. Send down the records at once. Ed. Abdul Matin Khan Chowdhury J. — I agree.   This Case is also Reported in: 34 DLR (HCD) (1982) 32 ......e Imposed by Summary Military Court - Whether Such Fine is a Decree and Can be Executed through Civil Court— In relation to the provision of Army Act which have been made applicable in the case of summary Military courts and the Code of Criminal Procedure, there was no illegality in execu..

Category: Procedural Law | Date: 5 May, 1981 | Hits: 2

Registrar, University of Dacca Vs. Dr. Sajjad Hossain And University of Dacca, 1981, 10 CLC (AD)

....sts. Order of the Court In view of the decision of the majority, me appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 348 ......or of the Dacca University during the war of liberation in 1971, is the respondent After the liberation of Bangladesh he was charged with having collaborated with the Pakistan Occupation Army and his case was referred to the First Screening Board constituted under the President's Order No. 67 of..

Category: Administrative Law | Date: 30 Apr, 1981 | Hits: 67

M/S Subarna Trading Co. Ltd Vs. M/S Overseas Traders, 1981, 10 CLC (HCD)

....pt of order of this Court. The hearing of the suit must be fixed after intimation of the arrival of the records to the parties. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 142. ......d the suit against the petitioner for ejectment. The petitioner filed written statement and contested the suit. During the pendency of the suit the petitioner on 23.1.78 prayed for adjournment of the case and the court fixed 20.3.78 for the hearing of the suit. Thereafter he engaged Mr. Md. Nurul Hu..

Category: Civil Law, Procedural Law | Date: 10 Mar, 1981 | Hits: 1

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

....r of the High Court Division is set aside and Writ Petition No. 135 of 1980 is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 470 ......lighting rate and conservancy could be made. The High Court Division repelled the contention by holding that the two taxes, na­mely, the Urban Immovable tax and the Building tax should not in any case exceed 17%. Reliance was placed on the previous judgment of the Dacca High Court in Writ Petiti..

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   ...... and upon consideration of the evidence finding involve­ment of opposite-party No.1 and two constables and being of the view that as O/C Derai P. S. along with two constables were involved in the case, sanction under section 197 Cr.P. C. was necessary before taking cognizance, placed the case be..

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 ......the contention of the respondent-petitioner that the debt was barred by two years when the application under section 63(3) of the Ordinance was filed before the High Court and dismissed the execution case. Hence the present appeal at the instance of the decree-holder-petitioner. 4. It is now we..

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.   ......e was selected by the Board but this argument loses its validity when the appointment letter is questioned on the ground of bona fide mistake. Mistake pre-supposes non-application of mind and in such case no right accrued to the respon­dent.........(6 & 7) Lawyers Involved: Abdul W..

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   ......; Judgment January 22, 1981 Result: The appeal is dismissed Urban Immovable Property Tax Rules, 1957, Rule 10 Rule 10 gives power to amend or alter the valuation only in cases where assessment is yet to be completed and tax is payable. It does not give power to re-open ..

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 ......om tak­ing over charge, will that restraint not be taken into consideration while deciding whether the .appeal is maintainable or not ? 10. I am of the opinion that if in an appro­priate case the proviso to Section 32 (2) cannot be complied with owing to circumstances beyond the control..

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   ......y. 2. Facts are not in dispute. Respondent No. 2 was an employee of the Dacca Improvement Trust (DIT). He was tried by Special Magistrate on a criminal charge but was acquitted on the ground that the case was triable by the ordinary criminal court. Thereafter the departmental proceeding was initiate..

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   ......tinguished the suit for grant of Letters of Administration could not be dismissed. To this Mr. Moksudur Rahman, Deputy Attorney-General finds difficult to reply. This Division in M/s. Dulichand's case had occasion to observetion the effect of the property becoming enemy property and the rele­..

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   ......peal. As regards the constitutionality of the sec­tion aforesaid, I like to adhere to the well estab­lished self-set rule which says, the Court will not declare a law unconstitutional, if the case in which the question is raised can be properly dis­posed of in some other way. I, therefor..

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   ......al is preferred from appeallate decree of reversal and not from the date of the decree of first appellate Court reversing the decree of the trial Court-Limitation Act (IX of 1908), Art. 181 In a case where second appeal is filed challenging the decree of reversal of the first appellate Court an..

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   ......he relationship of landlord and tenant between the plaintiffs, and principal defendants 1 and 2. The trial Court on the ques­tion of jurisdiction and the value of the suit found that, the defence case that the rate of Tk. 25/- was not correct, but the plaintiffs' case that the rate of rent w..

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. ...... Respondents were tried by Special Martial Law Court No. IV at Jessore on a charge under section 396 of the Penal Code; they were acquitted of the charge by an order dated 16-8-77. Proceedings of the case were submitted to the Government for review as required under the provisions of Regulation No. ..

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.   ......orised by P.O. No. 27 of 1972 having the force of law being a statutory public authority, is also inclusive within the apparatus of the machinery of the State. In such circumstances as in the present case, an employee of a Corporation set up by a Presidential Order having the force of law, is an emp..

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   ......ditional Sessions Judge, Sylhet in Crl. Motion No. 9/111/79 setting aside an order of a Magistrate, 1st Class of Sunamganj passed on 29-6-79 in C.R. Case No. 769 of 1976 and directing him to send the case to the Court of Session for trial. 2. On a First Information Report lodged by the petition..

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 ...... 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 essen­tially r..

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   ......laintiff-is not entitled to ask for temporary injunction against the defendants restraining them from interfering with plaintiff's alleged possession of the suit land is generally applicable to a case where a suit for title relating to immovable property is filed and consequential prayer ought t..

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