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Khadomul Islam Chowdhury Vs. Bangladesh and others, 1981, 10 CLC (AD)
....173 of 1979. From the Judgment and Order dated 1-8-79 passed by the High Court Division in Writ Petition No. 835 of 1979. Judgment K. Hossain CJ.- In this appeal a question of law of some public importance it involved namely, whenever the High Court Division, in the exercise of writ juri..Category: Constitutional Law | Date: | Hits: 160
Ful Chand Das and others Vs. Mohammad Hammad and others, 1982, 11 CLC (AD)
....provides for reasonable restriction on transfer of property imposed by law. This Article is quoted below:- ''Subject to any reasonable restriction imposed by law in the public interest, every citizen shall have the right to acquire, hold and dispose of property."..Category: Property Law | Date: | Hits: 75
Sultan Ahmed, Advocate and others Vs. Haji Sultan Ahmed and others, 1982, 11 CLC (AD)
.... peace for a period not exceeding one year. The Magistrate may draw proceeding under this section if he is satisfied that such a "person is likely to commit breach of the peace or disturb the public tranquility or to do any wrongful act that may probably occasion a breach of the peace, or d..Category: Criminal Law | Date: | Hits: 51
Mofizur Rahman Khan Vs. Government of Bangladesh, 1982, 11 CLC (AD)
....1981 has been given retrospective operation in seeking the revalidity of the earlier law. The infirmity which led to the invalidity of the earlier section has been removed by insertion of the phrase 'public interest’ and that has been made retrospective giving it a retrospective operation. Parliam..Category: Constitutional Law | Date: | Hits: 188
Abdul Halim Mollah @ Monohar Mollah & anr Vs. Member, App Tribunal Dacca & ors., 1982, 11 CLC (AD)
....nion is that such appeal cannot be entertained. I would, therefore, allow the appeal. Order of the Court By the majority judgment the appeal is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 40
Bangladesh Vs. Md. Matiur Rahman, 1982, 11 CLC (AD)
.... not only against the proposed higher punishment but also against the findings of the Inquiry Officer. Secondly, 'the higher punishment was imposed with the approval of the President of the Republic to whom his case was forwarded by the Secretary of the Ministry concerned, in his forwarding..Category: Employment/Service Law | Date: | Hits: 87
Khondker Moshtaque Ahmed Vs. Bangladesh, 1982, 11 CLC (AD)
....w Court and the order of Government on review are set aside, The orders of conviction passed on the appellant ate hereby quashed. Ed. This Case is also Reported in: 34 DLR (AD) (1982) 222. ..Category: Criminal Law | Date: | Hits: 287
Haji Tajamal Ali being dead his heirs: Kamarunnesa & ors. Vs. Abdus Sattar & ors, 1982, 11 CLC (AD)
....hemselves separated from each other as well from the pre-emptor’s lend except interpret of one tack situated in one of the plots. Even that tank was separated from the pre-emptor's land by a public pathway which belonged to the Government and not to any individual question arose whether co..Category: Property Law | Date: | Hits: 66
Bangladesh Vs. Hon'ble Judge, Prize Court, HCD, Supreme Court Building, Dacca, 1982, 11 CLC (AD)
.... before the prize Court, for 9 direction for allocating and transfer of the Prize Fund of the proceedings in Prize Suit Nos.1-5 of J965, 6-7 of 1965 and 17-30 of 1965 to the Public Account of the Republic of Bangladesh and for allowing the Government to withdraw the said fund for utilization..Category: Others | Date: | Hits: 116
Bangladesh & others Vs. A. K. M. Zahangir Hossain, 1981, 10 CLC (AD)
.... of some provisions contained in the Bangladesh Constitution can maintain a writ petition on the ground of violation of any statutory rules governing their service condition. The question is of great public importance and so it was placed before the Full Court by an order dated 8-8-80 of Bench of th..Category: Constitutional Law | Date: | Hits: 188
Bangladesh Vs. Winifred Rubi & ors., 1982, 11 CLC (AD)
....e to the conclusion that the requisition was bad Inasmuch as no recognition under Ordinance 33 of 1961 and Ordinance 20 of 1962 was issued by the Government Secondly, it could not be said to be for public purpose. Lastly, the requisition order was passed malafide. Leave was granted to con..Category: Property Law | Date: | Hits: 65
Haripada Biswas Vs. State & another, 1982, 11 CLC (AD)
....bservation the Rule was discharged. Leave was granted to consider the question relating to the jurisdictional authority of the Sessions Judge in taking cognizance which is a question of some public importance". The impugned order of the Sessions judge is as follows: ..Category: Criminal Law | Date: | Hits: 61
Jamil Huq and 11 others Vs. Bangladesh and others, 1981, 10 CLC (AD)
.... 4. Apart from the aforesaid provision, the Constitution in Article 7 provides, amongst others, that the Constitution is the solemn expression of the will of the people, the supreme law of the Republic, and if any other law is inconsistent with this Constitution, that other law shall, to the ex..Category: Constitutional Law | Date: | Hits: 327
Al-Sayar Navigation Co. Vs. Delta International Traders Ltd. and ors., 1982, 11 CLC (AD)
....ting to maritime liens, etc. in 926 enumerated in Article 2 that the following give rise to maritime lien on a vessel: (1) Law costs due to the state, pilotage dues, tonnage dues, etc. and other public taxes. (2) Claims arising out of contract of engagement of the master, crew and other pers..Category: Admiralty Law or Maritime Law | Date: | Hits: 264
Commissioner of Income Tax Vs. Mrs. Masuda Khatun, 1982, 11 CLC (AD)
....tion of dividend was waived in 1968 for tax-holiday companies 60% of whose tax-holiday profits in any year are insufficient to pay even 5% dividend and tax-holiday companies which are not public companies under the Companies Act and where paid up capital and fee reserved do not exc..Category: Fiscal/Taxation Law | Date: | Hits: 75
Habibur Rahman Vs. The State, 1982, 11 CLC (AD)
....retrial is set aside and the order of the Special Tribunal dated 1-8-1975, allowing the withdrawal is restored. Consequently the petitioner stands acquitted under section 494 Cr.P.C. Ed. ..Category: Criminal Law | Date: | Hits: 46
Mrs. H Mansur & ors Vs. Sec. Min. of Pub. Works & Urban Dev., Pub. Works Div, GoB, 1982, 11 CLC (AD)
....able to hold that merely because the source of the right which the respondent claims was initially in a contract, for obtaining relief against any arbitrary and unlawful action on the part of a public authority, he must resort to a suit and not to a petition by way of a writ. In view of the ..Category: Property Law | Date: | Hits: 53
Assessing Officer, Narayangonj Range and others Vs. Burmah Eastern Ltd., 1981, 10 CLC (AD)
....at the High Court Division has rightly held that the Writ Petition was maintainable. For the aforesaid reasons this appeal is dismissed but without cost. Ed. This Case is also Reported in:..Category: Fiscal/Taxation Law | Date: | Hits: 76
James Finlay and Co. Ltd. Vs. Chairman, Second Labour Court, Dacca and another, 1981, 10 CLC (AD)
....ladesh workmen employed abroad by organizations the Labour Court raising his individual disestablished in Bangladesh. Section 33 empowers the government to prohibit strike or lock-out in public utility services. In this context section 43 is also relevant which provides that no '..Category: Labour and Industrial Law | Date: | Hits: 91
Abdul Quddus Vs. Sec., Cabinet Secretariat. Establishment Div., Govt. of BD & ors, 1981, 10 CLC (AD)
....t to the approval of Government. That decision was given on 4.5.79 and in that decision it was further held that since the appellants of those appeals were employees of the Biman which had a definite public service in view and therefore has a public character, such employees cannot be treated on th..Category: Employment/Service Law | Date: | Hits: 94