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Philips Electrical Company Ltd. Vs. Commissioner of Taxes (South) Zone, Dhaka, 1992, 21 CLC (HCD)
.... answer the questions referred to us in the negative and against the Revenue. Parties are to bear their respective costs although. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 190. ......dditional Bench, Bangladesh, Dhaka. 3. Before the Tribunal the department contended the DCT had full jurisdiction to assess income of the previous year of the assessee in Bangladesh in view of the provisions of sections 3, 4, 4A(C) and 2(14AA) of the income Tax Act, 1922. The assessee, on the oth..Category: Fiscal/Taxation Law | Date: | Hits: 109
Amanullah Zahangir Vs. State, 2009, 38 CLC (AD)
....r such circumstance, we do not find any merit in the submissions made on behalf of the petitioner, as such, this petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 253. ......llegations of dishonouring of a cheque, the learned Magistrate, on receipt of 2 charge sheets, split up the proceeding, one under the provisions of Negotiable Instrument Act and the other under the provisions of the Penal Code, arising in connection with the selfsame GR. Case No.490 of 2006, ari..Category: Criminal Law | Date: | Hits: 50
Bangladesh Anjuman‑e-Ahmadiyya Vs. Secretary, Ministry of Home Affairs, 1986, 15 CLC (HCD)
.... forfeiting the book. For the reasons stated above this Rule fails and it is accordingly discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 185. ......n of the Government that the book contains objectionable materials against Islam and that it is intended to outrage the religious feeling of the Muslims have not been stated in the order and that the provisions of section 99A requires the Government to mention the facts in support of its opinion or ..Category: Constitutional Law | Date: | Hits: 204
Category: Labour and Industrial Law | Date: | Hits: 133
Tripura Modern Bank Ltd. Vs. Sunil Kumar Rajgharia and others, 1990, 19 CLC (HCD)
....s No. 2 and 3 to the petitioner within two months. The executing Court is directed to proceed with the execution case in accordance with law, Ed. This Case is also Reported in: 43 DLR (1991) 460....... Sub‑continent and found that except the Patna High Court in AIR 1929 Pat, 565 (FB), all the High Courts have taken the view that appeals from orders in execution proceedings do not fall within the provisions of Order 22 rule 12 of the Code of Civil Procedure and that to such appeals the rules as ..Category: Civil Law | Date: | Hits: 103
Anwar Hossain Monju Vs. State, 1991, 20 CLC (HCD)
....ashed. These are initially the first ground and the second ground taken in the petition itself. It has been further argued that the continuation of the present proceeding is in gross violation of the mandatory provision of section 241A of the Code of Criminal Procedure and thus need be quashed. No f......y‑General pointed out that the punitive provision has been incorporated in the statute with the intention and for the purpose of making the order of detention really meaningful and similar punitive provisions are also there in the law relating to preventive detention of neighbouring countries of t..Category: Criminal Law | Date: | Hits: 98
Progati Industries Ltd. Vs. Shahida Khatun and others, 1991, 20 CLC (HCD)
....st Court of Subordinate Judge, Dhaka is dismissed. Let a copy of this judgment be forwarded to the Secretary, Ministry of Law and Justice. Ed. This Case is also Reported in: 43 DLR (1991) 429.......neering Corporation. The defendant No. 1 has not lost its legal entity as a juristic person and can sue and be said without the said corporation which controls and supervises its activities under the provisions of Bangladesh Industrial Enterprises (Nationalisation) Order 1972 (P 0 No. 27 of 1972) an..Category: Property Law | Date: | Hits: 69
Category: Constitutional Law | Date: | Hits: 246
Jamir Sheikh(Md.) Vs. Fakir Md. A Wahab & another, 1990, 19 CLC (HCD)
....nt, unless made by order of or under, authority from, the Government, or some officers empowered in this behalf by the Government. In the instant case for the non‑compliance of the provision of the mandatory provision of law has gone to the root of the proceeding and for that matter the Proceeding......te, on which a Magistrate can ordinarily take cognizance of an offence under section 190, Criminal PC discloses an offence of which cognizance cannot be taken by the Magistrate because of the special provisions of section 195 or 196 or 196A or 197 or 199 of the Code, the Magistrate is not debarred, ..Category: Criminal Law | Date: | Hits: 70
Munshi Mozammel Hossain Vs. Post Master, Faridpur Head Post Office, 1990, 19 CLC (HCD)
....n the affected parties will themselves be the losers." In the above circumstances, the Rule is discharged without any order as to costs, Ed. This Case is also Reported in: 43 DLR (1991) 415. ......the writ petition and stating, inter alia, that to implement the order of the Administrative Appellate Tribunal the petitioner was required to get redress before the Administrative Tribunal under the provisions of Rule 7 of the Administrative Tribunal Rules, 1982, that as the petitioner was in the s..Category: Administrative Law | Date: | Hits: 182
Mohammad Abdul Alim Vs. Government of Bangladesh and others, 2009, 38 CLC (AD)
.... the continuance of the property as abandoned is not maintainable. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 233....... Police Station Sutrapur, Dhaka, having been enlisted in the 'Ka' list of Abandoned Buildings published in Bangladesh Gazette dated 23.09.1986 under serial No. Sutrapur-9 at page No.9762(9) under the provisions of Abandoned Buildings (Supplementary Provisions) Ordinance, 1985 (Ordinance No. LIV of 1..Category: Property Law | Date: | Hits: 65
M/s. Ok-Kyung Oh Vs. Tea Hung Packaging (BD) Limited and others, 2010, 39 CLC (AD)
....stion." Security Tk. 1,000/- is to be deposited within 1(one) month. Preparation of the paper book is dispensed with as prayed for. Ed. This Case is also Reported in: VIII ADC (2011) 193.......us Petition No.1017 of 2007 in this Division. It is alleged that the writ petitioner No.1 Tea Hung Packaging (BD) limited, is a private Company limited by shares, incorporated in Bangladesh under the provisions of the companies Act 1994. The Company was set up on 1st October, 1996 pursuant to a join..Category: Company Law | Date: | Hits: 175
Government of Bangladesh and others. Vs. Bokul Mia and others, 2009, 38 CLC (AD)
....on. In the circumstances of the case, we do not find any legal infirmity in the impugned judgment of the High Court Division. The appeal is dismissed. Ed. This Case is also Reported in: ......competent authority and the amount of compensation was estimated at Tk.82,07,471.81/- under section 7(3) of the Ordinance No.2 of 1982. 14. The High Court Division on consideration of the relevant provisions of law and after hearing the learned Counsel for the parties held that the possession of ..Category: Property Law | Date: | Hits: 80
M/s. Golden Biscuit Co. Vs. AL‑Haj Rafique Mia and another, 1993, 22 CLC (HCD)
....lowed and the petitioner be permitted to make a deposit of his rent in favour of the landlords. There shall be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 181.......t is a defaulter or not, should the landlord subsequently sue him for ejectment on the ground of default. It is for protection of tenants. So if there be any doubt about the meaning of the aforesaid provisions that doubt should be resolved in favour of the tenant for whose benefit it is made. If a ..Category: Property Law | Date: | Hits: 78
Farid Karim Vs. State, 1992, 21 CLC (HCD)
....order of rejection of the Reference be also communicated to the Superintendent, Rajshahi Central Jail for information and compliance. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 171. ......ort of his statement. With such a record of the statement before him, it will then be for the trial Judge to decide how much of it is admissible under the section". Now the question is whether the provisions laid down in section 27 of the Evidence Act postulates or makes it imperative for the pol..Category: Criminal Law | Date: | Hits: 84
Giasuddin Ahmed and others vs. Bangladesh and others, 2010, 39 CLC (HCD)
....cate the judgment and order to respondent No.2 and 6 at once. Ms. Naima Haider J. - I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 405; 64 DLR (HCD) (2012) 314. ......rvice of the Government as if he never ceased to be in the service of BTTB. Sub-section (5) of Section 5A provides amongst others that the Government may, by notification in the gazette, make further provisions regarding absorption, posting on deputation, lien, retention in the service of the Republ..Category: Constitutional Law | Date: | Hits: 145
Arshad Ali Vs. Momtaz Ali and another, 1991, 20 CLC (HCD)
.... to costs. The order of stay is vacated. Let the suit be proceeded with expeditiously. Communicate this order to the court concerned. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 164. ......e learned Advocate in support of this Rule. Admittedly it is the case of the plaintiff‑petitioner that service of summons in the instant suit was effected upon defendant No.1 in accordance with the provisions of rule 17 of Order 5 of the Code of Civil Procedure which are as follows: "17. Proced..Category: Procedural Law | Date: | Hits: 94
Moyezuddin Mondal Vs. Bena Rani Das & others, 1992, 21 CLC (HCD)
....d order stands valid and effective being not challenged. Let a copy of the judgment be transmitted to the Court concerned at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 154. ...... the Code of Civil Procedure. But these rules, to a certain extent, have been amended by Ordinance XLVIII of 1983. Now for better appreciation of the submissions of the learned Advocates the relevant provisions of rules 14 and 18 may be quoted below and considered together- Rule 14. (1) Where a p..Category: Procedural Law | Date: | Hits: 76
Mansur Ali (Md.) Vs. Janata Bank and others, 1990, 19 CLC (HCD)
.... of the learned Munsif does not call for interference at this stage. In the result, the rule is discharged without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 394. ......n 115 of the Code relative to the absence of a right of appeal remains unfulfilled. It is also held that if right of appeal in respect of any order or decision or decree is conferred under any of the provisions of the Code, the jurisdiction under section 115 C.P.C. would be clearly barred. In the ca..Category: Administrative Law | Date: | Hits: 189
Naogaon Chitrabani Ltd. Vs. Naogaon Cinema Hall Sramajibi Union and another, 1990, 19 CLC (HCD)
....ake step in this behalf. We, however, make no order as to cost. Let the records of the Registrar, respondent No. 2 be sent back at once. Ed. This Case is also Reported in: 43 DLR (1991) 392. ......tion 10(1) (e) (i) of the Industrial Relations Ordinance, 1969 relied by the learned Advocate for respondent No. 1 reads as follows: "10. Cancellation of registrations.‑ (1) Subject to the other provisions of this section, the registration of a trade union may be cancelled by the Registrar if t..Category: Labour and Industrial Law | Date: | Hits: 115