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General Manager Jamuna Oil Company Ltd. Vs. Golap Rahman & another, 1982, 11 CLC (AD)
....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. ......e him termination benefits under section 19(1) of the Standing Orders Act. Being dissatisfied with the judgment of the Labour Court the appellant company moved the High Court Division by filing an application under Article 102 of the Constitution. In agreeing with the decision of the Lab..Category: Labour and Industrial Law | Date: | Hits: 97
Md. Habibur Rahman & ors. Vs. Hasen Ali Mondal and others, 1982, 11 CLC (AD)
....atal so as to nullify the notification issued on February 4, 1980. The appeal is allowed. The order of the High Court Division is set aside and the Writ Petition dismissed. No costs. Ed. ......e meetings of the Parishad; (b) he refuses to perform or becomes disabled from performing his functions; or (c) he is guilty of misconduct or is responsible for any loss or misapplication of money or property of the Parishad. Explanation.- In this sub-section, &..Category: Employment/Service Law | Date: | Hits: 100
Md. Enayet Ali Vs. Munsif of First Court at Khulna & Election Tribunal and others, 1982, 11 CLC (AD)
.... of the respective Advocates opened the gunny bags of the two centres and found that gunny bags of Hafizia Madrasha did not contain result sheets and consolidated statement. He also found one open fresh envelope having signature of Presiding Officer Mr. Ameeruddin and all other election material......o another place definitely cannot be characterised as removal within the meaning of law laid down by this court in 27 DLR (AD) 337 and further the rule laid down in 28 DLR (AD) 51 has no manner of application. In the other case, the Presiding Officer went out to answer the call of nature. These ..Category: Election Law | Date: | Hits: 121
Jamil Huq and 11 others Vs. Bangladesh and others, 1981, 10 CLC (AD)
....lication under Article 104 of the Constitution is rejected. The verbal prayer for stay of the execution of the sentences made by Mr. MH Khandker is refused. Ed. This Case is also Reported in: ......ying itself that the Courts Martial which tried, the prisoners had jurisdiction over the persons and crimes charged and jurisdiction to impose the sentence which the prisoners received, dismissed the application without hearing evidence. The decisions of the Courts, below were affirmed in the Suprem..Category: Constitutional Law | Date: | Hits: 327
Commissioner of Taxes, Ctg Zone, Ctg Vs. M/s Free School Street Properties, Ltd, 1982, 11 CLC (AD)
.... the activities of the assessee was business or trading. Therefore, rule 8 (9) is applicable. In the result, therefore, this appeal is dismissed without any order as to cost. Ed. ...... the activities of the assessee was business or trading. Therefore, rule 8 (9) is applicable. In the result, therefore, this appeal is dismissed without any order as to cost. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 78
Commissioner of Income Tax, Dacca Vs. Adamjee Sons Ltd., 1982, 11 CLC (AD)
....d not separately under section 7(1) of the Wealth Tax Act. There is nothing to interfere. In the result, therefore, this appeal is dismissed without any order as to cost. Ed. ...... Badrul Haider Chowdhury J.—This appeal by special leave is directed against the judgment and order of the High Court Division in an application under section 27 (1) of the Wealth Tax Act, 1972. The respondent was assessed to Wealt..Category: Fiscal/Taxation Law | Date: | Hits: 73
Commissioner of Income Tax Vs. Mrs. Masuda Khatun, 1982, 11 CLC (AD)
....e the exemption illusory. Accordingly, the answer to the question framed must be in the affirmative. The appeals are, therefore, dismissed without any order as to costs. Ed. ...... the assessee share-holders. Reliance was placed on a decision in the case of Commissioner of Income-Tax vs. Messrs. E.V. Miller (1959) 11 DLR (S.C.). 430. The Revenue filed reference application under section 66 (i) of the Act formulating the afore-mentioned question of law which w..Category: Fiscal/Taxation Law | Date: | Hits: 75
Nurjahan Begum, wife of Mahmudur Rahman Vs. Mahmudur Rahman Mullick , 1982, 11 CLC (AD)
....not be sustained. In the result the appeal is allowed, judgment and decree of the trial Court and those of the High Court Division are set aside and the suit is dismissed with costs. Ed. ......o Ruplal House, wherein name of the previous owner, that is, Ramanath Das appeared, the plaintiff Mahmudur Rahman Mullick did not file any objection. He, however, seriously opposed the defendant's application for separation of Rent Account. The order-sheet Exhibit1 shows that the Revenue Authori..Category: Property Law | Date: | Hits: 448
Habibur Rahman Vs. The State, 1982, 11 CLC (AD)
.... was made before or after the framing of a charge or whether or not any charge was required to be framed, and whether the accused was discharged or acquitted upon such withdrawal, may be tried afresh.” The Martial Law Regulations, 1975 (Regulations No.1 of 1975) provided......e pending for trial on April, 1974, and were numbered as Special Tribunal Case Nos. 1 and 2 of 1974 and the cases were fixed for trial on 11 th June, 1975 and 14th August, 1975 respectively. On an application filed by the Public Prosecutor the Special Tribunal by it's order, dated 1-8-75 allowed..Category: Criminal Law | Date: | Hits: 46
Bengal Water Ways Ltd. and other Vs. Rahimuddin Ahmed and others, 1982, 11 CLC (AD)
....private limited Company more or less as a partnership. With these words I concur with the judgment delivered by my learned brother Masud, J. and dismiss the appeal with costs. Ed. ......eal by Shahabuddin Ahmed and A Matin Khan Chowdhury, JJ. in Appeal No 8 of 1977 reversing the order dated 13-2-77 passed by the Company Justice S M Hussain, J. in Matter No 9 of 1975 dismissing the application under section 162 of the Companies Act). Judgment: ..Category: Business or Commercial Law | Date: | Hits: 110
Chairman, D. I. T and another Vs. Chairman, 2nd Labour Court and another, 1981, 10 CLC (AD)
....gh Court Division and the Labour 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: 34 DLR (AD) 37. ......acquitted on the ground that' the case was triable by the ordinary criminal Court. Thereafter the departmental proceeding was initiated against him which is still pending. He, however, filed an application under section 34 of the Industrial Relations Ordinance, 1969 claiming subsistence allowa..Category: Labour and Industrial Law | Date: | Hits: 108
Assessing Officer, Narayangonj Range and others Vs. Burmah Eastern Ltd., 1981, 10 CLC (AD)
....sked for, respondent furnished more particulars. Thereafter Taxation Officer, Narayanganj Range, revised the valuation of the holding at the God-nail Depot of the respondent, under rule 10 and made fresh assessments, for 16 years, that is. 1957-58 to 1972-73 on the ground that valuation of the Oil......nd in that view of the matter, it cannot be said that under rule 10 an unrestricted wide power has been given to the Assessing Officer. We find no substance to this contention because the question of application of the Public Demand Recovery Act would arise only after a valid assessment has been mad..Category: Fiscal/Taxation Law | Date: | Hits: 76
James Finlay and Co. Ltd. Vs. Chairman, Second Labour Court, Dacca and another, 1981, 10 CLC (AD)
....tion 25 of the Act and Civil Appeal Nos. 46 and 47 of 1978 are "disposed of accordingly and will abide by the decisions of the Labour Court. There will be no order as to costs. Ed. ...... in refusing to return it to the Manager. During the enquiry held by the company be denied both the charges. Nonetheless, he was dismissed from service as the company found him guilty. Two separate applications under section 34 of the Industrial Relations Ordinance, 1969 (hereinafter referred to ..Category: Labour and Industrial Law | Date: | Hits: 91
Promode Ranjan Saha and others Vs. Govt. of Bangladesh and another, 1981, 10 CLC (AD)
....njunction and other interlocutory orders passed in suits, appeals, applications and other legal proceeding shall cease to have any effect and no Court shall entertain and no person shall bring any fresh suit, appeal, application or other legal proceedings in which the legality or validity of any......operly made under any provision thereof is challenged or called in question shall abate, and all orders, including orders of injunction and other interlocutory orders passed in suits, appeals, applications and other legal proceeding shall cease to have any effect and no Court shall entertain..Category: Property Law | Date: | Hits: 66
Alhaj Md. Serajuddowlah Vs. The State, 1991, 20 CLC (AD)
....etitioner summarily. In the result, therefore, this appeal is allowed and the impugned proceeding pending in the Court of the Chief Metropolitan Magistrate, Dhaka is quashed. Ed. ......itted and cognizance taken on 24.12.87. The appellant has surrendered pursuant to the Warrant of arrest issued against him and been granted bail by the Sessions Judge, Dhaka. 2. He filed an application under section 561A of the Code of Criminal Procedure before the High Court Division, Dh..Category: Criminal Law | Date: | Hits: 51
ABM Quabil Ahmed Vs. Bangladesh, 1991, 20 CLC (AD)
....nce of the petitioner that impelled him to file this petition. We find no substance in this petition and it is, accordingly, dismissed. Stay granted by this Court earlier is vacated. Ed. ......e Mr. Justice Fazle Hossain Mohammad Habibur Rahman delivered the judgment making the Rule absolute in respect of 8 Colleges and discharging the Rule in respect of 6 others. The petitioner filed an application for certified copy of the Judgment on 19.7.1990. On receipt of a notice from Mr. Md. A..Category: Procedural Law | Date: | Hits: 128
Mst. Qaiser Khatoon and 12 others Vs. Mvi. Abdul Khaliq and others, 1973, 2 CLC (AD)
.... on all the other issues which had not been previously discussed in its judgment and should also consider the question of abatement of the suit on account of the death of Jawahar Khatoon and give a fresh decision keeping in view the above directions." 9. This advice of the Privy Council was ......adid delivered on the 9th of April, 1949. The appeal was filed originally before the Judicial Committee of the Amir of Bahawalpur on the 25th of June, 1949, with a court fee of Rs. 50/- along with an application under section 149 of the Code of Civil Procedure of that State for extension of time for..Category: Civil Law | Date: | Hits: 117
Bangladesh Vs. Abdul Wadud and ors., 1973, 2 CLC (AD)
....s remanded to the trial Court for disposal in accordance with law. In the circumstances of the case there will be no order as to cost. Ed. This Case is also Reported: 25 DLR (SC) (1973) 90. ......plaint that the plaintiff made a claim for recovery of Rs 1,99,567/00 from the defendants whereas the learned Subordinate Judge passed a decree for Rs. 1,99,567.70 paisa. This shows that there was no application of mind by the learned Subordinate Judge in passing a decree as the decree was in excess..Category: Others | Date: | Hits: 103
Karachi Stock Exchange Vs. Kurban Ali M. Merchant and others, 1973, 2 CLC (AD)
.... the present case, created by rule 3(iv) of Forward Contracts Rules of the Exchange, viz. that it amounts to a 'floating security'. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 82. ......bed as proprietor of a firm of stock brokers, for the recovery of Rs. 45,500, due in relation to certain transaction of sale and delivery of bonus vouchers. At the same time as the suit was filed, an application was made for an order to restrain the defendant from realizing a sum of Rs. 15,000 held ..Category: Business or Commercial Law | Date: | Hits: 74
Sirajul Islam Vs. State, 1973, 2 CLC (AD)
....ourt and acquit the appellant. M. R. Khan, J.—I agree. Sajjad Ahmed Jan, J.—I agree. Wahiduddin Ahmed J.—I agree. Ed. This Case is also Reported in: 25 CLC (SC) (1973) 73. ......over charge from Hamid Hussain. Some of the items advanced against chits and cheques, etc., were realised subsequently, but the shortfall in cash, more or less, continued. In this state of things, an application (Ex. 22) was made by Shoab, a clerk in the same office to the Secretary of the Ministr..Category: Anti-Corruption Laws | Date: | Hits: 142
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