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M/s. Free School Street Property Ltd. Dacca Vs. Bangladesh and another, 1977, 6 CLC (HCD)
....le 102(2) (a) and (ii) of theConstitutionof the People's Republic of Bangladesh. Judgment Ruhul Islam CJ.– In this application the petitioner has made the grievance that about the legality of the Order dated 22nd September, 1973 passed by the Additional Deputy Commissioner, Dacca......e absolute. The petitioner is entitled to costs of this application which is assessed at 35 G. Ms. M. H. Rahman J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 1. ..Category: Corporate Law | Date: 3 Feb, 1977 | Hits: 3
Bangladesh and others Vs. M/s. Speedbird Navigation Co. and others, 1977, 6 CLC (AD)
....and as such the impugned order dated 23-10-73 purporting to interfere with the possession and management of the firm in respect of its assets and properties was without lawful authority and was of no legal effect. 4. The High Court Division on examination of the provisions of Article 2(1)......awful authority and are as such of no legal effect. In the result this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 101. ..Category: Others | Date: 27 Jan, 1977 | Hits: 217
M/s. Farmers & Co. Vs. Govt. of Bangladesh and another, 1977, 6 CLC (AD)
....s enactment may be quoted: "2. Notwithstanding anything contained in any other law for the time being in force, on the commencement of this Order, all suits, appeals, applications and other legal proceedings pending or continuing or deemed to be pending or continuing in any court agai......Title Suit No.104 of 1969 and also the judgment and order of the High Court Division are set side and the suit restored to file. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 123. ..Category: Property Law | Date: 20 Jan, 1977 | Hits: 62
DR. Nurul Islam Vs. Bangladesh & others, 1976, 5 CLC (HCD)
....esgination of Professor of Medicine of the said IPGMR and to reiterate that the post of Dirctor is a non-practising one should not be declared to have been made without any lawful authority and of no legal effect. 2. Dr. Nurul Islam, an eminent physician of the country with distinguished backgr......tising post of the Director IPGMR carrying a higher pay scale is not comparable to the post of Director of other aforementioned Institutes which are a grade lower in respect of both pay and status, the question of discriminatory treatment being meted out to the post of Director IPGMR as al..Category: Administrative Law, Constitutional Law | Date: 6 Dec, 1976 | Hits: 5
Controller of Imports & Exports Vs. Adamjee Jute Mills Ltd. Dacca and others, 1976, 5 CLC (AD)
....ellants to show cause why the impugned Public Notices dated April 25, 1966 July , 12, 1966, August 19, 1966 and September 28, 1966 should not be declared to be without lawful authority and of no legal effect and why the appellants should not be directed to cancel, withdraw and/or rescind the le...... already been considered by us. In the result, all the twenty-eight appeals are allowed but we make no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 283. ..Category: Fiscal/Taxation Law | Date: 18 Aug, 1976 | Hits: 226
Md. Nazimuddin Vs. The State, 1976, 5 CLC (HCD)
....tment so repealed; or (d) affect any penalty, forfeiture or punishment incurred in respect of any offence committed against any enactment so repealed; or (e) "affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, ......irul Islam Chowdhury J.—I agree Abdul Wadud Chowdhury J.—I agree. Abdul Momith Chowdhury J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 49. ..Category: Criminal Law | Date: 29 Jul, 1976 | Hits: 2
Bangladesh Tea Estate Ltd. Vs. Bangladesh Tea Estate Staff Association, 1976, 5 CLC (AD)
....er terminated the service of Nurul Absar under section 19 of the East Pakistan Employment of Labour (Standing Orders) Act, 1965 hereinafter called the "Standing Orders Act" offering him his legal dues. The employee instead of receiving his dues raised a labour dispute through the Union und...... that Nurul Absar is a member of the Executive Committee. There is also no evidence, as observed earlier, on record of the constitution of the union. Therefore, though we get a partial picture of the status of the employee that he is a unit representative, but we do not get a complete picture as to ..Category: Labour and Industrial Law | Date: 17 May, 1976 | Hits: 137
Gurudas Saha Vs. Deputy Custodian, Enemy Property (Lands & Buildings) & others, 1976, 5 CLC (AD)
.... the time being "enemy" in terms of Rule 161 (b) of the Defence of Pakistan Rules and if so, whether they were as alien enemies precluded by section 83 of the Civil Procedure Code from taking any legal action in Pakistan Courts. It is to be remembered that the appellants sought to move the...... simpliciter. Authorities show that 'resident' may import both permanent and temporary residence according to the purpose and context of the particular enactment. However when alien enemy or enemy status is involved in a state of war resident has never been interpreted to mean permanent reside..Category: Property Law | Date: 7 May, 1976 | Hits: 55
Salamat Khan Vs. Q.G. Ahad, 1976, 5 CLC (AD)
....r months from that date and was not time barred. He found flying of stamp on the award not a pre-requisite for the validity of the award, and so fixing of the stamp on 9-9-68 did not make the award illegal. He next hold that want of registration did not make the award invalid. He however held that t......es and we reject them. In the result the appeal is dismissed but in the circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 271. ..Category: Alternative Dispute Resolution | Date: 20 Jan, 1976 | Hits: 352
Hasan Ali Daftary & others Vs. The State, 1975, 4 CLC (HCD)
....; within the meaning of section 36(2)(b) of the said Act. He, however, submitted that section 6(e) of the General Clause Act is sufficient enough to show that any investigation or legal proceeding started under the Statute will not be affected by the subsequent repeal of the Stat......nshiganj with direction for disposal of the case expeditiously. A.T.M. Masud J. — I agree. This Case is also Reported in: 27 DLR (HCD) (1975) 561 ..Category: Administrative Law | Date: 3 Sep, 1975 | Hits: 2
.... his memo under reference are returned herewith the receipt of which may kindly be acknowledged.
Sd/- Illegible dt. 14.3.73.
Section Officer.”
The petitioner could not accept the legality of the order as contained in the aforesaid letter as his right as an allottee to evict ther......
The Rule is, accordingly, made absolute;
We, however make no order as to costs.
Shahabuddin Ahmed J.—I agree.
Ed.
This Case is also Reported in: 27 DLR (HCD) (1975) 597
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Category: Property Law | Date: 2 Sep, 1975 | Hits: 3
....nce in deciding the matter of allotment in favor of the respondent No. 3.
5. We are, therefore, of the view that the allotment in question has been made without any lawful authority and is of no legal effect. The respondent No. 1 is however free to invite fresh applications and allot the space ......gly, made absolute. We, however, make no order as to costs.
Shahabuddin Ahmed J.-I agree
Ed.
This Case is also Reported in: 27 DLR (1975)(HCD) 649
..
Category: Administrative Law | Date: 28 Aug, 1975 | Hits: 1
Haji Ashraf and others Vs. The Special Tribunal No. 1, 1975, 3 CLC (HCD)
....efore, declare that the impugned order dated 5.4.75 passed by the Special Tribunal directing the police to submit charge sheet against the petitioners has been made without lawful authority and is no legal effect. The Rule is accordingly made absolute. We, however make no order as to costs. ......tain the application for, addition of party. The application is accordingly rejected. Shahabuddin Ahmed J.-I agree. This Case is also Reported in: 27 DLR (HCD) (1975) 550 ..Category: Administrative Law | Date: 14 Aug, 1975 | Hits: 1
Jinnat Ali Muktear Vs. Abdul Majid, 1975, 4 CLC (HCD)
....n the mind of the Judge. This is both desirable and expedient since it saves not only the time of the Court but also the litigants from unnecessary and avoidable expenses. It is true that there is no legal bar in applying for leave later but that does hot mean that the prayer can be made at any time......or reasons stated above, I find that this application: is not maintainable and is accordingly rejected. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 655. ..Category: Limitation Law | Date: 24 Jul, 1975 | Hits: 2
Amizuddin Ahmed Vs. Election Tribunal, Narayanganj and others, 1975, 4 CLC (HCD)
.... 2. Mr. Moinul Huq, the learned Advocate appearing for the petitioner has seriously assailed the impugned order raising three contentions: (i) Appointment itself of the Pleader Commissioner is illegal, without jurisdiction and arbitrary since appointment of a Pleader Commissioner is not permitt......rcumstances of the case, we assess the costs at Taka one thousand only. S.M. Hussain, J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 594 ..Category: Election Law | Date: 7 Jul, 1975 | Hits: 3
M/s. Friends Corporation Dacca Vs. Commissioner of Income Tax, 1975, 4 CLC (HCD)
....2. From this decision it appears that the learned Judge relying upon some decisions of High Courts and the Privy Council arrived at the following conclusion:- “From all these decisions the legal position appears to be well settled that the Income-tax Officer is not bound to rely on such e...... submitted to us in the negative. We make no order as to costs. A.S. Faizul Islam Chowdhury J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 566 ..Category: Fiscal/Taxation Law | Date: 7 Jul, 1975 | Hits: 2
Afazullah Manjhee Vs. Election Tribunal, Patiya, 1975, 4 CLC (HCD)
....Constitution the validity of an order dated 21-9-74. passed by the Election Tribunal, Patiya, Chittagong has been challenged on two grounds, namely, first, the Election Tribunal committed a serious illegality in declaring the entire election void when, as a matter of fact, he recorded findings regar...... Having regard to the distinct functions performed by a "dealer" and a "contractor", one bearing no similarity with other, and the other incidence; showing the difference in their status and nature of activities, we are of the view that the petitioner cannot be considered to be a..Category: Contract Law, Election Law | Date: 13 Jun, 1975 | Hits: 3
Lutfur Rahman Vs. Election Commission Dacca, 1975, 4 CLC (HCD)
....d not frame any issue for determining discussed the evidences properly. Moreover, by declaring the entire election of Vice-Chairman of the Union Parishad as void, the Election Tribunal committed an illegality and acted without jurisdiction. His point was very clear when he submitted that neither the......e is made absolute. There will be no order as to costs. Shahabuddin Ahmed J. - I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 521 ..Category: Civil Law, Election Law | Date: 3 Jun, 1975 | Hits: 1
Monipur Tea Co. Ltd. And Ahmedur Rahman, 1975, 4 CLC (HCD)
....oard of Directors about the placing of the audited balance-sheet on 31-12-73 and then he has stated that he objected to this, decision and was not a party to it and the decision was ultra vires and illegal. The injunction that he obtained in the suit was on some valid lawful ground as well. The copy...... the Companies, Act. Let the Cost of the petitioner corns out of the assets of the company. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 490. ..Category: Corporate Law | Date: 20 May, 1975 | Hits: 2
Md. Imanuddin Sarkar Vs. The Election Commission of Bangladesh, 1975, 4 CLC (HCD)
....r & Returning Officer, Shariakandi for information and taking necessary action immediately. Sd. M. Matiur Rahman, Sub-Divisional Officer, Sadar, Bogra. The appropriateness and legality of this order has been challenged before us by the petitioner on the grounds, namely: ......cordingly made absolute. There will be no order as to costs. Shahabuddin Ahmed J.—I agree. This Case is also Reported in: 27 DLR (HCD) (1975) 662 ..Category: Administrative Law, Election Law | Date: 20 May, 1975 | Hits: 1
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