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Saber Ahmed and 30 others (2nd party) Vs. Amir Hamja & 6 others, 1978, 7 CLC (HCD)
....t appears to be whether a Magistrate in exercise of his jurisdiction under section 145 Cr.P.C. can attach the disputed property after drawing op formal proceeding and passing of the initial order under section 145(1) Cr.P.C.” The learned Single Judge noticed two decisi......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
Dr. Jamiar Rahman Asia Bibi Vs. Tajuddin Sikder and ors, 1978, 7 CLC (HCD)
....his case the Court of appeal below, however, found that the plaintiff was in ejmaly possession with the defendants. In view of this finding the plaintiff cannot be pushed to a suit for partition. The order of the lower appellate Court cannot be said to be an exercise in futility, as Mr. Yasin has al......r of law in the decision of the learned Additional District Judge. Accordingly, the appeal is dismissed with costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 259. ..Category: Property Law | Date: 22 Mar, 1978 | Hits: 2
Osman Ali Talukder Vs. Sukumar Majumder, 1978, 7 CLC (HCD)
....he land from year to year; and that during Jasmat Sardar's life time the land was taken and given borga bandabosta to others. As Jasmat was possessing the land as borgadar his name was wrongly recorder, in the C.S. record as tenant paying borga rent though he was never recognized as a tenant by ......ants, 3, 4 and 5 preferred an appeal, under section 19(2) of the said Act, and the land was again in their names. Ext. C is the certified copy of that judgment of the appellate officer. The Government also collected rent from the defendant No. 4 vide Ext. B Defendant's categorical stat..Category: Property Law | Date: 21 Mar, 1978 | Hits: 3
Ananda Chandra Mitra Vs. Abdur Rahman Howladar, 1978, 7 CLC (HCD)
....were taken by the defendants from the Court of Appeal below. The defendants-respondents have not entered appearance in this court. On 27.11.69 in presence of the learned Advocate of the appellants an order was passed that the appeal be made ready without the Exts. at the risks of the parties concern......the appeal is dismissed. As there is no appearance on behalf of the respondents there will be no order as to costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 311. ..Category: Civil Law, Evidence Law | Date: 15 Mar, 1978 | Hits: 1
Abdul Hannan Sikder and another Vs. Bangladesh Bank & others, 1978, 7 CLC (AD)
....2 (In both the appeals). B. Hossain, Advocate-on-Record - For Respondent No.3 (In Civil Appeal 62 of 1978). Civil Appeal Nos. 62 & 78 of 1978. (On appeal from the judgment and order dated December 5, 1977 passed in Writ Petition Nos. 395 and 396 of 1977 by the High Court......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. ..Category: Employment/Service Law | Date: 28 Feb, 1978 | Hits: 168
....th S. M. Haque—For the Respondent
Writ Petition No. 630 of 1977
Judgment
Shahabuddin Ahmed J.—This rule under Article 102 of the Constitution calls in question an order dated 22-8-77 (Annexure-G) of respondent No. 3, Director, Bangladesh Council of Scientific &am....... Paul at the very outset raised a question of maintainability of this application under Article 102 of the Constitution contending-that the 'Council' is neither a department of the Government of Bangladesh nor is it a statutory corporation or a local authority and as such it is no..
Category: Administrative Law, Constitutional Law | Date: 27 Feb, 1978 | Hits: 5
Meheruddin Vs. Govt. of Bangladesh and others, 1978, 7 CLC (HCD)
..... The proceeding as to requisition comes to an end with release of the property under section 8. Appeal and Revision against requisition Section 4A empowers the Government to revise an order of the Deputy Commissioner requisitioning a land or of the Commissioner passed in appeal again......r retaking it thereafter. The proceeding as to requisition comes to an end with release of the property under section 8. Appeal and Revision against requisition Section 4A empowers the Government to revise an order of the Deputy Commissioner requisitioning a land or of the Commissione..Category: Property Law | Date: 24 Feb, 1978 | Hits: 2
.... Chittagong Zone, Chittagong is under section 17(1) of the Sales Tax Act as amended by Finance Order, 1972. The short facts necessary for appreciating the question of law arising out of the order of the Income Tax Appellate Tribunal are as follows: The assessee Amin Jute Mills Limited impo......ercise of the powers conferred by section 7 of the Sales Tax Act 1951 (III of 1951) and in supression of this Ministry's Notification No. 3 S.T., dated the 15th March, 1954, the Central Government is pleased to exempt from the Tax payable under the said Act, the goods specified hereund..
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)
....mdash;For Respodent No. 2. WritPetition No. 593 of 1977. Judgment Shahabuddin Ahmed J.- This rule under Article 102 of Constitution calls in question the legality of an order dated 26-7-76 of the Election Tribunal at Comilla (Second Court of Munsif) setting aside the p......it was notified in the official Gazette and petitioner entered into office by taking oath. Bat respondent No, 2 challenged the election by an election petition under section 26 of the Local Government Ordinance, 1976 taking a number of grounds one of which was that there wet a mistake in t..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)
.... Nos. 669-672 of 1977 Judgment Shahabuddin Ahmed J.-These four rules issued on four separate applications under Article 102 of the Constitution have been directed against a single order of a Labour Court, being order dated 26-8-77 of the Chairman, 1st Labour Court, Dacca reinstat...... 5. The Labour Court is constituted under section 35 of the Industrial Relations Ordinance, 1960. This section provides that a Labour Court shall consist of a Chairman appointed by the Government and two members to be appointed in a prescribed manner, to advise the Chairman, one to re..Category: Labour and Industrial Law | Date: 17 Feb, 1978 | Hits: 3
Shnmsul Huda Vs. Jalaluddin Ahmed and others, 1978, 7 CLC (HCD)
....nt K.M. Subhan J.- This appeal by the plaintiff-appellant is from the judgment and decree passed on 24-12-77 by the learned Subordinate Judge 3rd Court, Dacca in Title Suit No. 209 of 1977. This order was occasioned because of an application under Order 7, rule 11 of the Code of Civil......mmence the trial of the suit within four weeks from the filing of the written statement. Abdul Momith Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 5 ..Category: Company Law | Date: 17 Feb, 1978 | Hits: 8
Commissioner of Income Tax, Chittagong Vs. Consolidated Tea & Lands Co.Ltd, 1978, 7 CLC (HCD)
....h of this Court to which one of us was a party answered the question of law in the following terms: “In the facts and circumstances of the case, the Tribunal was justified in affirming the order of the Appellate; Assistant Commissioner and in holding that the premium paid for loss of prof......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)
....din—For the Respondent. Writ Petition No. 60 of 1977. Judgment M.H. Rahman J.-In this application under Article 102 of the Constitution the petitioner has challenged an order, dated 17.2.75 of the Collector of Customs and Excise, Dacca in Appeal No. 4 of 1975 confiscat...... 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. ..Category: Fiscal/Taxation Law | Date: 10 Feb, 1978 | Hits: 2
Abdul Motleb Khan & others Vs. Daud Ali Khan and others, 1978, 7 CLC (HCD)
....mdash;For the Appellant. Md. Abdur Rahim—For the Respondents. Second Appeal No. 359 of 1973 Judgment Abdur Rahman Chowdhury J.- These two applications, one for review of the order dated 14-11-77 passed by this court and another for leave to appeal under Clause 15 of the Let...... The application for review is accordingly rejected and the prayer for leave under Clause 15 is also hereby refused. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 110 ..Category: Civil Law | Date: 9 Feb, 1978 | Hits: 1
Md. Mahboob Morshed Vs. Bangladesh and others, 1978, 7 CLC (HCD)
....ng upon the respondents to show cause why the Order No. 202-E/299(O) dated July, 29, 1976 of the Secretary, Bangladesh Railway Board (Annexure 'K' to the petition made in super session of the order No. 433/1-PXV (O) dated November 16, 1972 of the Secretary (Establishment) Bangladesh Railway ......ional Engineer, Dacca to the post of Bridge Engineer. As his representation against the order of transfer was not considered he submitted his resignation on 19-2-1972 and the same was accepted by the Government on June 20, 1972 with effect from the date of his resignation. The petitioner was drawing..Category: Administrative Law, Employment/Service Law | Date: 9 Feb, 1978 | Hits: 1
....Mahbubul Hoq—For the Respondents.
Writ Petition No. 43 of 1977.
Judgment
Shahabuddin Ahmed J.—This Rule under Article 102 of the Constitution calls in question an order dated 5.11.76 of the Second Labour Court, Dacca confirmed in appeal by an order dated 13.1.77 ......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.
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Category: Labour and Industrial Law | Date: 7 Feb, 1978 | Hits: 1
....h;For the respondents.
Writ Petition No. 384 of 1976.
Judgment
Shahabuddin Ahmed J.—This rule under Article 102 of the Constitution calls in question the legality of an order dated 28-4-76 of the Chairman, Labour Court, Chittagong in Industrial Dispute Case No. 168 of ......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.
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Category: Labour and Industrial Law | Date: 6 Feb, 1978 | Hits: 3
Progati Khudra Babashayee Samabaya Samity Ltd Vs. Bangladesh, 1978, 7 CLC (HCD)
....lved: Rafiqul Islam— For the Petitioner. Abdul Hamid Chowdhury—For Respondent No. 2. Writ Petition No. 765 of 1976. Judgment Shahabuddin Ahmed J. - This rule order Article 102 of the Constitution calls in question an order dated 18 12 76 of respond......s provided in this Act, no appeal shall lie against any order, decision or award passed In accordance with this Act, and every such order, decision or award shall be final, 135(1) The Provincial Government may gall for and examine the record of any enquiry or Inspection held or made under this ..Category: Administrative Law, Civil Law | Date: 3 Feb, 1978 | Hits: 2
Fazlul Huq Chowdhury Vs. Govt. of Bangladesh, 1978, 7 CLC (HCD)
....or the Respondents. Writ Petition No. 548 of 1977. Judgment Shahabuddin Ahmed J.—This rule under Article 102 of the Constitution of Bangladesh alls in question an order dated 22.7.77 (Annexure-C) of Respondent No.1, Government of Bangladesh, communicated under th......f 1977. Judgment Shahabuddin Ahmed J.—This rule under Article 102 of the Constitution of Bangladesh alls in question an order dated 22.7.77 (Annexure-C) of Respondent No.1, Government of Bangladesh, communicated under the signature of respondent 3, Joint Secretary, Establi..Category: Civil Law, Constitutional Law | Date: 1 Feb, 1978 | Hits: 1
Fazlul Huq Chowdhury Vs. Govt. of Bangladesh, 1978, 7 CLC (HCD)
....or the Respondents. Writ Petition No. 548 of 1977. Judgment Shahabuddin Ahmed J.—This rule under Article 102 of the Constitution of Bangladesh alls in question an order dated 22.7.77 (Annexure-C) of Respondent No.1, Government of Bangladesh, communicated under th......f 1977. Judgment Shahabuddin Ahmed J.—This rule under Article 102 of the Constitution of Bangladesh alls in question an order dated 22.7.77 (Annexure-C) of Respondent No.1, Government of Bangladesh, communicated under the signature of respondent 3, Joint Secretary, Establi..Category: Administrative Law | Date: 1 Feb, 1978 | Hits: 1
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