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Jabed Ali Sarker Vs. Dr. Sultan Ahmed and another, 1975, 4 CLC (AD)

....56 of September, 1969). The appellant obtained the share certificate fraudulently and collusively and the Bank malafide and illegally handed over the share certificate to the respondent No. 1. The Board of Directors, of respondent No. 2 in a meeting held on 21-10-70, resolved that it would mutat......tember, 1969). The appellant obtained the share certificate fraudulently and collusively and the Bank malafide and illegally handed over the share certificate to the respondent No. 1. The Board of Directors, of respondent No. 2 in a meeting held on 21-10-70, resolved that it would mutate the nam..

Category: Business or Commercial Law | Date: | Hits: 113

Governor, Bangladesh Bank & others Vs. Shamsul Huda Khan and another, 1975, 4 CLC (AD)

.... already employed on 16-12-71 from which dale the aforesaid President's Order came into force. 6. By virtue of power conferred under section 54 of the State Bank of Pakistan Act, 1956, the central Board of the said Bank Regulations to define the conditions of the staff of the Bank (vide Regulatio......o commence from the working day on which he reports for duty in an appointment covered by these Regulations (vide Regulation No. 9). A service register was to be maintained by the Bank at the Central Directorate in the case of employees in Class -II and above and at each office or branch in the case..

Category: Employment/Service Law | Date: | Hits: 87

Badal Rani Misra alias Badal Rani Goswami and others Vs. Bangladesh and others, 1975, 4 CLC (AD)

....pter III of the Town Improvement Act which deals with an improvement scheme as defined in clause (f) of section 2 of that Act. According to clause (e)(i) of section 38 of the Town Improvement Act the Board of D.I.T. may pass a resolution to provide for, among others, "housing accommodation" and may ......d. The case of Gordon, Dadds & co. supports the contention of the learned Attorney-General. There is accordingly no merit in this appeal which is dismissed but without any order as to cost. Ed. ..

Category: Property Law | Date: | Hits: 48

Bangladesh Enemy Property Manage­ment Board and ors. Vs. Md. Abdul Majid, 1975, 4 CLC (AD)

....ill be no order as to costs. Ed. ......the same did rot succeed. Subse­quently Mr. M. A. Majid, Deputy Magistrate and Deputy Collector, purporting to act as Administrator, reopened the factory on 24-11-69, By a resolution of the Board of Directors dated 26-12-69, the respondent's loan of Taka 23,000/-was paid by allotting to him 230 sha..

Category: Property Law | Date: | Hits: 125

Bangladesh Bank Vs. Debendra Nath Dutta, 1981, 10 CLC (AD)

....view of the above, the appeal is allo­wed, the decision of the Appellate Beach is set aside and that of the company Judge restored. However, there will be no order as to costs. Ed. ......eld that the respondent was not a fit person to be a director of a company. Under section 66(9) of the Ordinance, 1962, it was ordered that "he shall not, without the leave of the court, be a Director of, or in any way, whether direct­ly or indirectly, be concerned or take part in the m..

Category: Business or Commercial Law | Date: | Hits: 101

A.S.A. Nur Vs. Registrar of Joint Stock Companies, Dacca, 1981, 10 CLC (AD)

....ge and the Division Bench are set aside. The case is remitted back to the Company Judge for disposal of the matter in accordance with law. There will be no order as to costs. Ed. ......adesh. (d) As required by the Companies Act for the formation of a Private Limi­ted Company, there were two subscribers Dr. Habibur Rahman, Chairman, Petro Bangla and Mr. S A. Azim, Director, Petro Bangla to the Memorandum and Articles of Association of the Com­pany. ..

Category: Business or Commercial Law | Date: | Hits: 107

Hasan Imam Chowdhury Vs. Govt. of Bangla­desh and others, 1981, 10 CLC (AD)

....service shall be treated as on extraor­dinary leave without any pay from the date of passing of the impugned order that is on 20-11-75 till his rejoining in service of the Water Development Board, when such Board may again pass a necessary regular order as mentioned therein." ......ion is pregnant with any new issue which requires adjudica­tion in separate proceedings. In this view of the matter, the appeal is dismissed without any order as to costs. Ed. ..

Category: Employment/Service Law | Date: | Hits: 101

Commissioner of Taxes & another Vs. M/s. Mullick Bro­thers, 1981, 10 CLC (AD)

....ng in ques­tion the demand of arrear tax by respondent No.1. on 31.1.1974 in respect of the decla­ration of excess income on the grounds that an Administrative Review Application before the Central Board of Revenue was filed bat the result of the said application was not communicated, and that the......rom want of legal authority. In the result, therefore, this review appli­cation is allowed and the appeal is dismissed without any order as to costs. Ed. This Case is also Referred in: ..

Category: Fiscal/Taxation Law | Date: | Hits: 98

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

....892; Krepa Ram Gupta vs. R.K, Talwar AIR 1970 All. 296; A.M. Khan Leghery vs. Govt. of Pakistan, PLD 1967 Lah, 227 ; Pakistan vs. Liaquat Ali Khan (1959) 11 D.L.R (SC) 73; Zaibtun Textile vs. Central Board of Revenue PLD 1971 Kar. 333; Regional Manager vs. Pawan. K. Dubey AIR 1976 S.C. 1966; Roshaon...... arises from the judgment and order of 3 Bench of the High Court Division passed in Writ Petition No. 489 of 1980 on July 26, 1980. 3. The appellant who held the post of Professor of Medicine and Director of the Institute of Post-Graduate Medicine and Rese­arch was served with a notice issued o..

Category: Employment/Service Law | Date: | Hits: 180

Musharraf Hossain Chy Vs. GM, Titas Gas Transmission & Dist. Co. Ltd. & ors., 1981, 10 CLC (AD)

....ch industrial enterprise— (a) take such measures and do such things as it deems necessary and expedient for the purpose of efficient running of such industrial enterprise; (b) dissolve the Board of Directors of such Industrial enterprises and appoint new Directors; (c) terminate any ......rial enterprise— (a) take such measures and do such things as it deems necessary and expedient for the purpose of efficient running of such industrial enterprise; (b) dissolve the Board of Directors of such Industrial enterprises and appoint new Directors; (c) terminate any managing ..

Category: Employment/Service Law | Date: | Hits: 104

Khandaker Ehtehshamuddin Ahmed @ Iqbal Vs. Bangladesh and others, 1980, 9 CLC (AD)

....cusing the appellant for the murder of his wife Saleha Begum. In the course of investigation, on the prayer of the police deed body of the victim was disinterred and another post-mortem was held by a Board consisting of Dr. Bibhuti Bhosan Sarkar, Associate professor of Juris­prudence, (2) Dr. Arune......at the order passed by this Division staying execution of the sentence to continue for further ten days from the date of this order. Ed. This Case is also Reported in: 33 DLR (AD) (1981) 154. ..

Category: Constitutional Law | Date: | Hits: 292

Bangladesh and others Vs. Md. Abdur Rab, 1979, 8 CLC (AD)

....of such court or tribunal is available by invoking writ jurisdiction. So the High Court Division is incompetent to entertain an application under Article 102 of the Constitution against the Screening Board dealing with the respondent who belongs to the disciplined force as defined in the Constitutio...... the appeal is allowed without any order as to costs. The order of the High Court Division is set aside and the writ re-called. Ed. This Case is also Reported in: 33 DLR (AD) (19781) 143. ..

Category: Employment/Service Law | Date: | Hits: 102

Ful Chand Das and others Vs. Mohammad Hammad and others, 1982, 11 CLC (AD)

....perty and if any such application had been filed it should be rejected. The sale-deed was presented for registration without obtaining necessary per­mission from the Deputy Commissioner, Dacca/Board of Revenue, Government of East Pakistan. An application was filed before the Sub-Registrar st......ent of the High Court Division is maintained. Consequently, this appeal stands dismissed without any order as to costs. Ed. This Case is also Reported in: 3 BLD (AD) 1983, 68. ..

Category: Property Law | Date: | Hits: 75

Govt. of Bangla­desh Vs. Md. Arshad Ali, 1982, 11 CLC (AD)

....luddin Hossain CJ F.K.M.A. Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Govt. of Bangla­desh, represented by the Chairman, National Board of Revenue ……………………. Appellants ......e sustained. Therefore, the appeal is allowed. The judg­ment and order of the High Court Division are set aside and the writ petition is dismissed. We make no order as to costs. Ed. ..

Category: Criminal Law | Date: | Hits: 171

M/s. Everett Ori­ent Lines Inc. Vs. Commissioner of Income Tax Ctg Zone, Ctg, 1982, 11 CLC (AD)

....ibed". Section 2 clause (10) defines 'prescribes' nam­ely, prescribed by Rules made under this Act. Section 59 which is the rule making power reads as under: "The National Board of Revenue may make rules for carrying out the purposes of this Act and for the ascertainm......esult, therefore, both the appeals are allowed. The judgement of the High Court Division is set aside and the orders of the Tribunal are restored. There will be no order as to costs. Ed. ..

Category: Fiscal/Taxation Law | Date: | Hits: 114

Mofizur Rahman Khan Vs. Government of Bangladesh, 1982, 11 CLC (AD)

.... disposed of in these terms, without any cost. In the result, Civil Appeal Nos. 73 and 124 of 1981 are dismissed. No order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) 321. ......ether since some common ques­tions of law are involved therein and this judgment will dispose of them all. 8. In Civil Appeal No. 73 of 1981, appel­lant Mofizur Rahman Khan was acting as Deputy Director, Civil Aviation, Government of Bangladesh at the relevant time. By an order dated 16 June, ..

Category: Constitutional Law | Date: | Hits: 188

Bangladesh Vs. Md. Misfor Ali and others, 1982, 11 CLC (AD)

.... illegal and without any law­ful authority. Facts in short relevant for dis­posal of the appeal are that the respondents were employees under the appellant Bangla­desh Water Development Board and they were removed from service on the charge of miscon­duct and breach of discipline.......;desh Water Development Board and they were removed from service on the charge of miscon­duct and breach of discipline. It was alleged that the respondents entered into the office of the Deputy Director of Accounts and man­handled M. Abdullah, Deputy Director of Accounts on 9 9.74. On the..

Category: Employment/Service Law | Date: | Hits: 92

Bangladesh & others Vs. A. K. M. Zahangir Hossain, 1981, 10 CLC (AD)

....it is to be exercised subject to the limitations which apply to the Court. 26. The question involved in Indo-China Steam Navigation Co. vs. Jasjit Singh, AIR 1964 SC 1140, was whether the Central Board of Revenue exercising appellate power under section 190 of the Sea Customs Act, and the Centra...... member of the said 'disciplined force' if he has been illegally dismissed, removed, discharged, reduced in rank or com­pulsorily retired. Ed. This Case is also Reported in: 34 DLR (AD) 173. ..

Category: Constitutional Law | Date: | Hits: 188

Bangladesh Vs. Winifred Rubi & ors., 1982, 11 CLC (AD)

....mely, whether the school fees are very much on the high side and whether the school is imparting correct education according to syllabus, etc. these are essentially within the domain of the School Board authority and the Government authority and the Court has very little to do with these things,......ate policy of education aid considered whether the mandate of Article 17 of the Constitution was kept in view while requisitioning the premises for the School. The High Court considered whether the Director of Public Instruction had given any sanction for running such school. The High Court cons..

Category: Property Law | Date: | Hits: 65

Al-Sayar Navigation Co. Vs. Delta International Traders Ltd. and ors., 1982, 11 CLC (AD)

....had rightly rejected the claim. One cannot take advantage of one's wrong. The defendant was responsible for the delay and deviation, now he cannot turn back and claim for demurrage. In U. S. Shipping Board and Bunge vs. Born Lloyds Law Report, Vol. 18, 1 924 at page 422 the Court of Appeal consi­de......plaintiff is assessed at Tk. 7,36,040/- and the decree is passed accordingly. Civil Appeal No. 38 of 1981 is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 264