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Bangladesh Steamer Agents Association Vs. Bangladesh & others, 1981, 10 CLC (AD)
.... called the Ordinance as a nonprofit making concern having the main object of doing the business of weighment / measurement of various articles of import and export by private individuals. The Government granted the license required under section 3 of the Ordinance on due approval of the Mem...... any lawful authority. Ed. ..Category: Others | Date: | Hits: 110
Goutam Ranjan Sen and other Vs. Bangladesh and others, 1981, 10 CLC (AD)
....operty becoming enemy properly 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 ov......rt, 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. There will be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 39
Khandaker Ehtehshamuddin Ahmed @ Iqbal Vs. Bangladesh and others, 1980, 9 CLC (AD)
....ise of the powers derived or purported to have been derived from such Proclamation, Martial Law Regulations, Martial Law Orders. (3) Whether the decision of the reviÂewing authority, namely, the Government of Bangladesh can be called in question under Article 102 of the Constitution despite the......ry of suicide and through his brother Iftekheruddln alias Babul lodged a complaint in the Motijheel P.S. to that effect. Dr. Mozammel Huq Chowdhury carried out the post mortem examination on the dead body of Saleha Begum but without proper investigation submitted report supporting the case of suicid..Category: Constitutional Law | Date: | Hits: 292
Bangladesh and others Vs. Md. Abdur Rab, 1979, 8 CLC (AD)
....ice dated December 23, 1975 issued by the Chairman, Second Screening Board, Dacca, which has since been abolished, asking him to show cause why a recommendation will not be made against him under the Government of BanglaÂdesh (Service Screening) Ordinance, 1972 (the President's Order No. 67 of 1972...... 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
S.Z.M. Nurul Huq Vs. State, 1981, 10 CLC (AD)
....ment or sentence or make orders for retrial or such other orders as he deems necessary for the ends of justice. The expression "Sessions Judge" was inserted by substituting the word "Government" by the Martial Law(Twenty-fifth Amendment) Regulations,1977 (Regulation No.VIII of......that an order passed by the reviewing authority is not revisable under section 439 of the Code of Criminal Procedure. In the result both the appeals fail and the same are dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 62
Nurunnessa and ors Vs. Babr Ali Bepari and others, 1981, 10 CLC (AD)
.... be a power of attorÂney, and to have been executed before, and authenticated by a Notary Public, or any Court, Judge, Magistrate, Bangladesh Consul or Vice-Consul or representative of the CenÂtral Government was so executed and autheÂnticated. Along with this we are to refer to section 57(6) of ......edule lands of the plaint. The parties will have opportunity to prove the poÂwer of attorney in the manner indicated above and in accordance with law, we, however, make no order as to costs. Ed. ..Category: Others | Date: | Hits: 128
Khadomul Islam Chowdhury Vs. Bangladesh and others, 1981, 10 CLC (AD)
....including the Dacca Improvement Trust. None of the Respondents entered appearance. HowÂever at the hearing on July 12, 1979 Assistant Attorney General appeared to oppose the Rule on behalf on of the Government. The Rule was made absolute and the declaration as prayed for was made, on July 27, 1979 ......for disposal in accordance with law. Let the operation of the order dated 12th July. 1979 be stayed till the disposal of the matter in the High Court Division There will no order as to costs. Ed. ..Category: Constitutional Law | Date: | Hits: 160
Ful Chand Das and others Vs. Mohammad Hammad and others, 1982, 11 CLC (AD)
....a. They became victims of communal riots which broke out in January 1964; their huts and houses were burnt and their movable properties looted; they took shelter in the refugee camps opened by the Government in the city of Dacca. After some time they returned to their village and after reconstru......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 BanglaÂdesh Vs. Md. Arshad Ali, 1982, 11 CLC (AD)
....lised value and claimed Tk. 1,59,220/- being the 20% value of the seized articles as reward under the Rules and since the reward amounted to more than Tk. 5000/-, under the Rules of Business of the Government the matter was placed before the National Board of Revenue who finally rejected the res......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
Mofizur Rahman Khan Vs. Government of Bangladesh, 1982, 11 CLC (AD)
....”I concur with the reasonings and the conclusions of my learned brother Shahabuddin Ahmed, J. Shahabuddin Ahmed J. - These three appeals by special leave arises out of orders of retirement of two Government Servants under Section 9(2) of ACE XII of 1974. They have been heard together since some ...... 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. ..Category: Constitutional Law | Date: | Hits: 188
Abdul Halim Mollah @ Monohar Mollah & anr Vs. Member, App Tribunal Dacca & ors., 1982, 11 CLC (AD)
....as aforesaid there shall be no appeal from any order, judgment or sentence of Special Tribunal and no Court shall have authority to revise such order, judgment or sentence. (2) The Government shall for the purpose of this Act, constitute one or more Appellate Tribunals; and an ......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. Misfor Ali and others, 1982, 11 CLC (AD)
....'s Republic of Bangladesh; Now, therefore, in exercise of powers conferred by Article 6 of the Government of Bangladesh (Service) Order, 1972 (President's Order No.9 of 1972) the Government is pleased to remove the following employees from the services of Bangladesh Water......ges, the appeal must succeed. Therefore, the appeal is allowed. The judgment of the High Court Division is set aside and the Writ Petition is dismissed. We make no order as to costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 92
Bangladesh Vs. Md. Matiur Rahman, 1982, 11 CLC (AD)
....s, 1976 The explanation was not satisfactory and inquiry was held. The Inquiry Officer found him guilty of failure to submit the estimate in time and recommended a minor punishment of censure. The Government, however, decided to award the extreme punishment and a second show cause notice was iss......ng Engineer. In turn he asked whether there has been any Government approval. Thereafter no reminder was given nor the respondent officer was asked to submit his estimate: Thereafter everybody kept quiet. However in May 74 the respondent submitted his estimate. Then in July he was give..Category: Employment/Service Law | Date: | Hits: 87
Rajan Miah Vs. Abdur Rashid and anoÂther, 1982, 11 CLC (AD)
....the property from Jainab Bibi. On the other hand, Exhibit B series .shows that the defendant had been paying municipal dues for the land in question and Exhibit E shows payment of rent to the Government by the defendant. Survey settlement record shows that the defendant was in possession of...... of the trial court judgment by the appellate Court below was justified and the plaintiff is not entitled to any relief. In the result, therefore, this appeal is dismissed with cost. Ed. ..Category: Property Law | Date: | Hits: 47
Commissioner of Income Tax Vs. Chowdhury Ramzan Ali and another, 1982, 11 CLC (AD)
....ncome tax and super tax assessed for the assessment year 1962-63 from the fund of the Company in liquidation. The Company Judge rejected the application on the ground that the price offered by the Government was not for sale but for the .compulsory acquisition of machinery, plants, etc. of ......ny under liquidation continues to be liable to pay income tax. 12. Section 2(5) (A) of Income Tax Act defines, ''Company" means a Company as defined in the Companies Act, 1913 or a body corporate formed by or under any law for the time being in force............... Se..Category: Fiscal/Taxation Law | Date: | Hits: 85
Khondker Moshtaque Ahmed Vs. Bangladesh, 1982, 11 CLC (AD)
....Regulation 4 of M.L.R. 1 of 1975. In the first case the order was passed on 24-2-1977 and in the second case on 31-3-1977. 3. It seems an order of review was passed 6-10-1977 and the order by the Government was noted in the order sheet of the Special Martial Law Court on 5-11-1977. Khandker Mosh......w Court and the order of Government on review are set aside, The orders of convicÂtion 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)
....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 contiguity between the rank which is a ......iguity" within the meaning of section 9 of the State Acquisition and Tenancy Act. 8. In the result, the appeal is dismissed without, however, any order as to cost. Ed. ..Category: Property Law | Date: | Hits: 66
Bangladesh Vs. Hon'ble Judge, Prize Court, HCD, Supreme Court Building, Dacca, 1982, 11 CLC (AD)
.... Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Bangladesh represented by the Secretary, Ministry of Law and Parliamentary Affairs, Government of Bangladesh………………………&he......e learned Attorney-General are found unacceptable, not because it lack reasons but such reason has no support in law. The appeal is dismissed. No order as to costs. Ed. ..Category: Others | Date: | Hits: 116
Bangladesh & others Vs. A. K. M. Zahangir Hossain, 1981, 10 CLC (AD)
....¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦... Respondent (In Civil Appeal No. 134 of 1978). And Mokaddes Ali……………………………………………. AppeÂllant Vs. Government of Bangladesh & others………………………………………………. Respond......d so the question arose whether it was a tribunal under Article 136(1) of the Indian ConstituÂtion, It was held that the functions and duties of the Industrial Tribunal are very much like those of a body discharging judicial functions, It is a tribunal, although it is not a Court in the technical s..Category: Constitutional Law | Date: | Hits: 188
General Manager Jamuna Oil ComÂpany Ltd. Vs. Golap Rahman & another, 1982, 11 CLC (AD)
....dvise yon that with effect from 1st January, 1973 you will be treated as a Management Staff in Group-III and that as from that date (w. e. 1.1 73) your revised salary will be as under, subject Io Government restrictions thereon. Basic … &......dinance shows that the Court itself either cannot compel the attendance of such member or extract his advice. For the reasons stated above, the appeal is dismissed with costs. Ed. ..Category: Labour and Industrial Law | Date: | Hits: 97
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