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Haji Tajamal Ali being dead his heirs: Kamarunnesa & ors. Vs. Abdus Sattar & ors, 1982, 11 CLC (AD)
....innur Ahmed, Advocate on-Record—For the Appellants. Md, Aftab Hossain, Advocate on- Record.-For the Respondents. Civil Appeal No.15 of 1982. (From the judgment and order dated 1-12-1977 pasted by the High Court Division in Civil Revision Case No 1583 of 1976. J......ontiguous to only two of such plots. Both the trial court and the lower appellate court answered the question in the affirmative, and the High Court Division in revision having concurred with that decision the pre-emptee has come in this appeal before us. 2. Facts of this case need..Category: Property Law | Date: | Hits: 66
Bangladesh & others Vs. A. K. M. Zahangir Hossain, 1981, 10 CLC (AD)
.... 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 this Division. After the decision of this important question, the app......tutory 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 this Division. After the decision of this important question, the appeals will be disposed of on their respective merits by..Category: Constitutional Law | Date: | Hits: 188
General Manager Jamuna Oil Company Ltd. Vs. Golap Rahman & another, 1982, 11 CLC (AD)
..... Rokanuddin Mahmood Advocate instructed by Md. Aftab Hossain, Advocate-on-Record— For the Respondent No. 1. Civil Appeal No. 141 of 1980. (From the judgment and order dated July 18, 1980 passed by the High Court Division in Writ petition No. 672 of 1978). Jud...... 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 Labour Court, the learned Judges of the High Court Division held that respondent No..Category: Labour and Industrial Law | Date: | Hits: 97
Bangladesh Vs. Winifred Rubi & ors., 1982, 11 CLC (AD)
....ondent Nos. 1-3. S R. Pal, Senior Advocate, Aminul Huq, Advocate-on-Record—For the Respondent No. 5. Civil Appeal No. 72 of 1981. (On appeal from the Judgment and order dated 9.9.1980 passed by the High Court Division in Writ petition No. 43 of 1978.) Judgment:......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 consider whether the decision of the High Court Division was correct and whether the requisition could be said to have b..Category: Property Law | Date: | Hits: 65
Md. Habibur Rahman & ors. Vs. Hasen Ali Mondal and others, 1982, 11 CLC (AD)
..... A. N. M. Gaziul Huq, Advocate, instructed by Md Ozair Farooq, Advocate-on Record— For the Respondent No. 1. Civil Appeal No. 17 of 1981. (From the Judgment and Order dated January 8. 1981 passed by the High Court Division, In Writ petition No. 130 of 1980.) ......ce of rules will not stand in the way of an application of a particular legislation if it can be applied fairly without causing any prejudice to any one." In support, reference was made to our decision in Azizul Molla vs. Taher Ali Sarder (1980) 32 DLR (AD) 61. 9. We think that the a..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)
....cted by Zinnur Ahmed, Advocate on Record.—For the Respondent No. 2. Ex-parte—Respondent Nos. 1 and 3-10, Civil Appeal No. 18 of 1981. (From the judgment and order dated 21.1.198I passed by the High Court Division in Writ Petition No 56 of 1981) Judgment: ......nbsp; K. Hossain CJ.—I have had the advantage of going through the judgments pronounced by my learned brothers Ruhul Islam and Badrul Haider Chowdhury, JJ. and I concur with the decision of Badrul Haider Chowdhury, J. Fazle Munim J.-..Category: Election Law | Date: | Hits: 121
Haripada Biswas Vs. State & another, 1982, 11 CLC (AD)
....r Rahman, Deputy Attorney General, instructed by A.W. Miah, Advocate-on-Record—For the Respondent No. 1. Criminal Appeal No. 25 of 1980. (On appeal from the judgment and order dated 13.12.1979 by the High Court Division in Criminal Revision No. 539 of 1978). Judgment:......urisdiction by initiating a Miscellaneous Case himself which is not permissible in law. The proceeding must, therefore, be quashed. In the result, therefore, that appeal is allowed, the decision of the High Court Division Is set aside and the proceedings in Criminal Miscellaneous Case..Category: Criminal Law | Date: | Hits: 61
Jamil Huq and 11 others Vs. Bangladesh and others, 1981, 10 CLC (AD)
.... instructed by B. Hossain, Advocate-on-Record—For the Respondents (In all the Petitions). Criminal Petition for Special leave to Appeal Nos. 65 to 76 of 1981. (From the Judgment and Order dated 7-9-1981 passed by the High Court Division in Writ Petition Nos. 632 to 637 & 639 to 644 o......rom the Judgment and Order dated 7-9-1981 passed by the High Court Division in Writ Petition Nos. 632 to 637 & 639 to 644 of 1981.) Judgment Kemaluddin Hossain CJ.- In concurring with the decision of my learned brother B. H. Chowdhury, I wish to add a few words on the question of the sco..Category: Constitutional Law | Date: | Hits: 327
Al-Sayar Navigation Co. Vs. Delta International Traders Ltd. and ors., 1982, 11 CLC (AD)
....h Abdul Azim, Advocate, instructed by S. M. Huq, Advocate-on-Record.—For the Respondent (In Civil Appeal No. 15 of 1981). Civil Appeal Nos. 15 & 38 of 1981. (From the Judgment and Decree dated 1st December 1980 passed by the High Court Division in Admiralty Suit No. 1 of 1978). Judgm......n the said Court." 9. The section is attracted only when damage is done to the goods, due to negligence, misconduct or breach of contract or breach of duty in relation to the goods. In a series of decisions in England it has been settled now that it gives the Courts jurisdiction only when there i..Category: Admiralty Law or Maritime Law | Date: | Hits: 264
Commissioner of Taxes, Ctg Zone, Ctg Vs. M/s Free School Street Properties, Ltd, 1982, 11 CLC (AD)
....” means the amount by which the aggregate value computed in accordance with the provisions of this Act of all the assets, wherever located, belonging to the assessee on the valuation date, including assets, required to be included in his net wealth as on that date under this Act, ...... 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)
....ppellant. M. Hossain. Advocate, instructed by S.M. Haque, Advocate-on-Record—For the Respondent. Civil Appeal No. 51 of 1981. On Appeal from the judgment and order dated 157. 1980 passed by the High Court Division in Application No. 9 of 1975. Judgmen...... value of the assets has got to be determined........... Of course, some adjustment could be made if the circumstances of the case so require.” 9. This decision was given under the old law before the amendment. But then the Patna High Court took the v..Category: Fiscal/Taxation Law | Date: | Hits: 73
Commissioner of Income Tax Vs. Mrs. Masuda Khatun, 1982, 11 CLC (AD)
....h T. Islam and Mostafa Adil, Advocate, instructed by B Hossain, Advocate-on Record. —For the Respondent. Civil Appeal Nos. 130,131 and 132 of 1977. (From the judgment and order dated 13.2.76 passed by the High Court Division in Income Tax Reference Application No, 51 of 1972......Act on giving an affirmative answer to the question of law which was framed as under: “Whether on the facts and in the circumstances of the case the Tribunal was justified in its decision that dividend income from a company whose profit is exempt from tax under section 15-BB..Category: Fiscal/Taxation Law | Date: | Hits: 75
Nurjahan Begum, wife of Mahmudur Rahman Vs. Mahmudur Rahman Mullick , 1982, 11 CLC (AD)
....ocates, Sk. Abul Hossain, Advocate, with him instructed by S. M. Huq, Advocate on Record —For Respondent Nos. 2 to 4. Civil appeal No. 83 of 1980. (From the Judgment and Order dated 27-11-79 passed by the High Court Division in Appeal from Original Decree No. 140 of 1965). ......ca wherein the defendant is living. He directed that the plaintiff will get possession of the residence portion of 12, Farashganj Road, Dacca jointly with the defendant. 6. Against this decision the defendant preferred an appeal before the High Court at Dacca, raising several question..Category: Property Law | Date: | Hits: 448
Bengal Water Ways Ltd. and other Vs. Rahimuddin Ahmed and others, 1982, 11 CLC (AD)
....dvocates, instructed by Sakhawat Ali, Advocate-on-Record— For the Respondent 2. Ex-parte—Respondent No. 3. Civil appeal No 37 of 1980 (From the Judgment and Order dated 28-7-78 passed on appeal by Shahabuddin Ahmed and A Matin Khan Chowdhury, JJ. in Appeal No 8......al purpose a partnership of two brothers, who had only one thing in common viz, animosity and hatred, and it was just and equitable that the company should be wound up. Against the aforesaid decision of the High Court Division the appellants preferred the present appeal and obtained leave..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)
....d, Advocate-on-Record.—For the Respondent No. 2. Not represented—Respondent No. 1. K. A. Bakr, Attorney-General—Amicus Curiae. Appeal No.67 of 1980. (From the judgment and order dated 23.6.79 passed by the High Court Division in Writ Petition No. 59 of 1978). Judgment ......n that the DIT is a commercial establishment and the respondent No. 2 is a worker within the meaning of the Employment of Labour (Standing Orders) Act, 1965 and accordingly granted the prayers. The decision of the Labour Court was challenged by way of writ petition by the DIT. The High Court Divis..Category: Labour and Industrial Law | Date: | Hits: 108
Mrs. H Mansur & ors Vs. Sec. Min. of Pub. Works & Urban Dev., Pub. Works Div, GoB, 1982, 11 CLC (AD)
....General, instructed by A. W. Mallick, Advocate-on-Record— For the Respondents 1-2. Ex-parte.—Respondent 3. Civil Appeal No. 3 of 1981. (From the Judgment and Order dated 26-11-79 passed by the High Court Division in Writ Petition No. 88 of 1976.) Judgment:......he appellants, it arose out of the breach of agreement or which no writ lay and that is under challenge. 4. Mr. Rafique-ul-Huq, learned Counsel appearing for the appellants after citing two decisions one of Bangladesh vs. A.T. J. Industries 29 D.L.R. 181 and the other D.F.O. South Kheri v..Category: Property Law | Date: | Hits: 53
Assessing Officer, Narayangonj Range and others Vs. Burmah Eastern Ltd., 1981, 10 CLC (AD)
....ain, Advocate, Jaynal Abedin, Advocate, Supreme Court with him, instructed by Abdur Rab-II, Advocate-on-Record—For the Respondent. Civil Appeal No. 100 of 1980. (From the judgment and order dated September 1. 1977 passed by the High Court Division in Writ Petition No 222 of 1973). Judg......of the holding from Tk. 54,822/ to Tk. 31.920/-. 3. Since the taking over of the business of Burmah Shell, the Respondent has been paying the Urban Immovable Property Tax on the basis of the said decision of the Assistant Commissioner. By a Memo dated 20th May, 1970,Taxation Officer, Narayanga..Category: Fiscal/Taxation Law | Date: | Hits: 76
GM, Bangladesh Tea Industry Management Committee Vs. F.H. Chowdhury & anr, 1982 , 11 CLC (AD)
....Sr. Advocate, with A. Hasib, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record.—For the Respondent 1. Civil Appeal No. 14 of 1981. (From the Judgment and Order dated 8-2-1980 passed by the High Court Division in Writ Petition No. 400 of 1978.) Judgment......vice of the respondent F. H. Chowdhury could not be transferred to M/s. United Planters and Traders Limited and accordingly made the Rule absolute. Leave was granted to consider whether the decision of the High Court Division that the service of the respondent could not be transferred to ..Category: Employment/Service Law | Date: | Hits: 92
Sonali Bank Vs. Abdul Mannan and others, 1981, 10 CLC (AD)
.... A. Salek, Advocate, instructed by A. W. Mallick, Advocate-on-Record—For the Respondent No. 2. Ex-parte—Respondent No. 3. Civil Appeal No. 117 of 1980. (From the judgment and order dated 5th June 1980 passed by the High Court Division in Writ Petition No. 397 of 1978). Judgmen......reminders were given and the respondent was informed that the Government had decided not to pay the equivalent of the demonetized notes and hence the amount cannot be paid. Respondent challenged this decision by filing a writ petition in the High Court Division. The High Court Division noticed the c..Category: Banking Law | Date: | Hits: 129
Shamsul Alam Vs. Superintendent of Police, Bangladesh Railway and other, 1981, 10 CLC (AD)
.... Khan, Advocate-on-Record—For the Petitioner. Not represented.—Respondents. Civil petition for special leave to appeal No. 23 of 1977. (From the Judgment and order dated 13th July, 1978 passed by the High Court Division in Writ petition No. 381 of 1975). Ju......ting period without any other fact or circumstances does not confer on the person so officiating any substantive right. In this view of the matter this petition is dismissed. Ed. ..Category: Employment/Service Law | Date: | Hits: 83
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