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Government of the People's Republic of Bangladesh Vs. Nasirur Rahman, 2011, 40 CLC (AD)
....the post of Director or equivalent of the Directorate General of Women Affairs under the Ministry of Women and Children Affairs within certain period. C. Direct the respondent No.1 and 2 to take departmental action against the respondent No.3 for creating and taking benefit of manufactured letter......lable as to why the post of Deputy Project Director was not retained in the 2nd Phase of the project and the petitioner was released from his service without issuing ‘one month’s notice or making payment of one month's salary’ as required by the terms and conditions of his appointment. After r......on of the direction given by the High Court Division in the impugned judgment and order. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 87, 9 LG (AD) (2012) 50, 17 MLR (AD) (2012) 89. ..Category: Employment/Service Law | Date: | Hits: 119
Government of Bangladesh and Others Vs. Md. Mosharraf Hossain, 2011, 40 CLC (AD)
....k and status to the post of ABOs were classified as Second Class Gazetted Officer and hence received a higher salary; the ABOs of the High Court Division were being discriminated against their counterparts in the Secretariat. The High Court Division after hearing the parties by its judgment and orde......not find any error in the impugned judgment and order calling for interference by this Court. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 67.......not find any error in the impugned judgment and order calling for interference by this Court. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 67...Category: Employment/Service Law | Date: | Hits: 127
Rajdhani Unnayan Katripakkha (RAJUK) Vs. A.K.M. Abdul Hakim and Others, 2010, 39 CLC (AD)
....fidavit-in-opposition denying almost all material allegations made in the writ petition and stating further that without a succession certificate issued by a competent court it is not possible on the part of the respondents to handover vacant physical possession of the land to the writ petitioners a......a, that father of the respondents, namely, Abdul Hamid was allotted 5 kathas land of plot No.7, Road No.20, Block-J, Baridhara Residential Area, Dhaka by allotment letter dated 16.04.1987 and he made payment of the value of the plot during his life time. Before handing over the plot to him he expire......eable property. We find no substance in this petition, which is accordingly dismissed with cost of Tk. 10,000/- (ten thousand) only. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 34. ..Category: Civil Law | Date: | Hits: 76
.... the show cause notice on 28-11-2005 and claimed that the demand was not in conformity with the actual facts and circumstances and the valid evidence. The petitioner in support of its reply furnished particulars of relevant documents and claimed that the demand notice was not tenable. The matter was...... proviso has provided that such person may, instead of depositing as aforesaid the entire amount of penalty, deposit only fifty percent thereof and furnish a guaranty from a schedule bank for the due payment of the balance and the second proviso has given the appellate authority power to dispense wi...... discharging the Rule.
For the reasons stated hereinbefore, we find no merits in the petition and accordingly, the same is dismissed.
Ed.
This Case is also Reported in: 64 DLR (AD) (2012) 43. ..
Category: Fiscal/Taxation Law | Date: | Hits: 130
Azmal Khan Vs. Md. Afzal Khan and others, 2011, 40 CLC (AD)
.... Civil Appeal No.91 of 2008 (From the Judgment and Order dated 7-2-2006 passed by the High Court Division in Civil Revision No.3682 of 2003) Judgment Surendra Kumar Sinha J. - In a suit for partition among the co-sharers, the defendant No.2 who is appellant before us filed additional writt......ame. We find no substance in the contention of Mr. Kamal-ul-Alam. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 17. ......ame. We find no substance in the contention of Mr. Kamal-ul-Alam. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 17. ..Category: Civil Law | Date: | Hits: 86
Ramjan Ali Mistry Vs. Md. Hedayelullah, 1978, 7 CLC (AD)
.... Rent Control Ordinance, 1963 as amended and extended from time to time. The relevant sections that require to be considered are sections 18(1), 18(5) and section 19(1) of the Ordinance, the relevant parts of which are as follows: “18. (1) Notwithstanding anything contained in the Transfer of...... 40/- per mensem. The tenant was to pay the rent within the 3rd day of the following month, according to Bengali Calendar. The tenant paid rent upto Bhadra, 1380 B.S. and thereafter he defaulted in payment of rent from Aswin, 1380 B.S. The landlord accordingly served a notice under section 106 of ......td. Vs. Shri Ram Krishna Dalmia, AIR 1973 (SC) 425. In conclusion, we find no merit in this appeal, which is dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 183...Category: Property Law | Date: | Hits: 87
M/S Pak Jute Mills Ltd. Vs. Income Tax Officer and another, 1978, 7 CLC (AD)
....8.7.69. The Income Tax Officer, Respondent 1 by his order dated 18.10.69 directed the petitioner-Company to make payment of the super tax on such bonus shares. This raised a controversy amongst the parties. The petitioner contended that the face value of Bonus shares cannot be termed as income. Wh......its accumulated reserve fund. The bonus shares were allotted to the shareholders on 28.7.69. The Income Tax Officer, Respondent 1 by his order dated 18.10.69 directed the petitioner-Company to make payment of the super tax on such bonus shares. This raised a controversy amongst the parties. The ......ere the rate of surcharge has been detailed. This point also fails. In the result, therefore, the appeal is dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 178. ..Category: Fiscal/Taxation Law | Date: | Hits: 131
Zaminur Rahman & others Vs. Bangladesh & others, 1978, 7 CLC (AD)
....d by B. Hossain, Advocate-on-Record - For the Respondent No.1. K.A. Bakr, Attorney-General, with M. Nurullah, Advocate, instructed by S.M. Huq, Advocate-on-Record - For the Respondents. No.2. Exparte - For the Respondent No.3. Civil Appeal No. 36 of 1977. (From the Judgment and Order dated......e action of the State. 15. If we turn to the decision reported in PLD 1961 SC 452 (1962), 14 DLR (SC) 106 we find Hamodur Rahman J. observed. "In its genuine sense a "toll" may be described as a payment of a sum of money in respect of some benefit derived by the payer for the use of some proper......uraged. In the above premises the appeal is dismissed but in the facts and circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 171...Category: Fiscal/Taxation Law | Date: | Hits: 112
Mullick Brothers Vs. Income Tax Officer and another, 1978, 7 CLC (HCD)
....ng advantage of the Martial Law prevailing in Pakistan. The appellant was coerced by the illegal process and was forced to accept abnormal high income and taxes assessed against the appellant and his partners under the threat of prosecution. 3. The processing and assessment of the income tax bein......rtment of the Government of the People’s Republic of Bangladesh. 4. Meanwhile, the said Income Tax Officer respondent No.1 issued, a notice being No.1207/101/421 dated 31.1.74 and demanded payment of Super Tax which remained outstanding after the assessment by the Processing Committee b...... premises the appeal is allowed but without any order as to costs. The impugned demand notices are declared to be of no lawful authority. Ed This Case is also Reported in: 31 DLR (AD) (1979) 165...Category: Fiscal/Taxation Law | Date: | Hits: 122
....nts in those paragraphs contain adverse remarks in respect of his and the other learned Advocate Mr. Shamsul Karim's conduct and as such they should be expunged from the judgment and shall not form a part thereof.
6. Mr. Moksudur Rahman the learned Deputy Attorney General appears for the State. T......nd the observations in paragraphs 10-15 in entirely are expunged.
In the result the appeal is allowed without any order as to costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 163.......nd the observations in paragraphs 10-15 in entirely are expunged.
In the result the appeal is allowed without any order as to costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 163...
Category: Others | Date: | Hits: 145
Sonali Bank Vs. Mozaffor Hossain, 1997, 26 CLC (HCD)
....9 rule 13 of the Code of Civil Procedure, the plaintiff approaching this Court in an application under section 115 of the Code of Civil Procedure whereupon a Rule was issued calling upon the opposite party to show cause as to why the judgment and order dated 23-3-1988 passed by the learned Subordina......r that he was prevented by any sufficient cause from appearing when the 511. was called for hearing, the Court shall make an order setting aside the decree as against him upon such terms as to costs, payment into Court or otherwise as it thinks fit, and shall appoint a day for proceeding with the su......uit was called on for hearing within the meaning of Order 9 rule 13 of the Code. The defendant Md. Mozaffar Hossain as P.W.1 gave evidence that the prayer for remission of interest and the payment of loan money on installment, having been under consideration of the plaintiff-Bank, he took adjournmen..Category: Procedural Law | Date: | Hits: 80
Harunar Rashid (Md.) Vs. Subordinate Judge, (Artha Rin Adalat) Bogra and others, 1997, 26 CLC (HCD)
....definition of section 2(Kha) of the said Act. The settled principle of law is that the provisions of special statute has to be construed very strictly. In this case since there is no assertion on the part of the bank that the bank had advanced or paid any money by way of loan as defined under sectio......t No.4 operated the said account on advice and in collusion with the petitioner Md. Harunar Rashid. It is further stated in the said plaint that the respondent No.4 was asked to adjust the account on payment of money due as aforesaid. The respondent No.4 stated that the petitioner while at the bank ......3 showing him as the proprietor of the same and deposited Taka 25,000.00. On 13-8-88 the petitioner was under suspension on various charges stating that he has caused loss to the Bank by distributing loans to different persons without any authority. Thereafter a criminal case was also started on 11-..Category: Civil Law | Date: | Hits: 71
Abdur Rahim Vs. Arifur Rahman and others, 1997, 26 CLC (HCD)
....ulation that they would execute and register a sale deed in respect of the suit property on receipt of the balance of the consideration money. In spite of demands the defendants did not perform their part of the contract and hence the suit for specific performance of contract. 3. Defendant No.1 a......impugned judgment to call for any interference by this Court exercising revisional power. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 166.......impugned judgment to call for any interference by this Court exercising revisional power. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 166...Category: Procedural Law | Date: | Hits: 68
....rned Additional District Judge, 1st Court, Dhaka in TA No.185 of 1968 affirming those dated 30-3-1968 passed by the learned Subordinate Judge, 5th Court, Dhaka in TS No.22 of 1967.
2. The opposite party No.1 Md. Afsaruddin (now dead) as plaintiff filed Title Suit No.22 of 1967 against the predece......down the lower Court records immediately.
Cost assessed by the lower Court in respect of the share of the suit land is maintained.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 156.
......down the lower Court records immediately.
Cost assessed by the lower Court in respect of the share of the suit land is maintained.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 156.
..
Category: Property Law | Date: | Hits: 63
Doris Waldman Vs. Bangladesh and others, 1996, 25 CLC (HCD)
....en made without lawful authority and are of no legal effect. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 151.......om the American buyers involving millions of US Dollars. Letters of Credit have already been opened in favour of some of the garment manufacturers. But the petitioner’s companies are unable to make payment to the Bangladeshi manufacturers to the tune of 900,000 US Dollars against their exports due......en made without lawful authority and are of no legal effect. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 151...Category: Criminal Law | Date: | Hits: 87
Jamil Akhter Elahi (Md.) Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....ere is, separate loan facilities for the employees of the bank to purchase car, house building, flat, motorcycle etc. at a low interest level but there is no such loan facilities in this country to a particular class of executives in this manner. That besides, over and above, there is a further prov......le etc. at a low interest level but there is no such loan facilities in this country to a particular class of executives in this manner. That besides, over and above, there is a further provision for payment of Take 30,000 by way of maintenance for the car which has got no justification either in eq......cle 102 of the Constitution of the People's Republic of Bangladesh, challenging the legality of the Head Office circular No.43 dated 24-5-2009, issued by the respondent Nos.4 and 5, approving the car loan facilities to the executives of the respondent Sonali Bank Limited. 2. It is stated in the p..Category: Others | Date: | Hits: 134
Islam Enterprise Vs. Commission of Taxes Zone-3, 2007, 36 CLC (HCD)
....nal was justified in not correcting the mistakes as apparent from record under section 173 of the Ordinance? 12. Mr. AB Siddique, learned Advocate for the applicants, challenged the rejection of a part of the receipts out of construction business which were supported by the payment certificates i......pointing any specific defect? (c) Whether the Appellate Tribunal was justified in law to estimate the receipts of the construction business in spite of the fact that the receipts were supported by payment certificates from paying authorities which reconciled with the bank statements and books of ......he applications under section 173 of the Ordinance in the negative and against the revenue and in favour of the applicants. No costs. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 59...Category: Fiscal/Taxation Law | Date: | Hits: 97
Nasiruddin (Md.) Vs. State, 2009, 38 CLC (HCD)
....tural, independent and competent witnesses including the eye-witnesses, who were present at the place of occurrence, witnessed the recovery and have corroborative the prosecution case in all material particulars and, as such, the prosecution case has been proved by legal evidence without any shadow ...... the result, the appeal is allowed with modification. Send down the Lower Court Records at once. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 49. ...... the result, the appeal is allowed with modification. Send down the Lower Court Records at once. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 49. ..Category: Criminal Law | Date: | Hits: 79
Abul Kashem Vs. AKM Golam Mostafa and others, 2009, 38 CLC (HCD)
....f 1999. These Rules having arisen out of a common Judgment, have been heard together and are being disposed of by this Judgment. 2. Short facts leading to these Rules are that on 1-4-1999 opposite party Nos.5-6 as pre-emptors claiming as holding lands contiguous to the land transferred instituted......ated. Office is directed to send down the records of this case at once with a copy of Judgment for information and necessary action. Ed This Case is also Reported in: 62 DLR (HCD) (2010) 44. ......ated. Office is directed to send down the records of this case at once with a copy of Judgment for information and necessary action. Ed This Case is also Reported in: 62 DLR (HCD) (2010) 44. ..Category: Administrative Law | Date: | Hits: 230
....a Kumar Sinha J
Md. Abdul Wahhab Miah J
Nazmun Ara Sultana J
Syed Mahmud Hossain J
Muhammad Imman Ali J
Md. Shamsul Huda J
The Chief Engineer, the Local Government and Engineering Department, LGED Bhaban, Agargaon, Sher-E-Bangla Nagar, Dhaka…………………….......................
The leave petitions are disposed of with the above observations and modifications of the earlier as well as the impugned judgments.
Ed.
This Case is also Reported in: 17 BLC (AD) (2012) 91.
......
The leave petitions are disposed of with the above observations and modifications of the earlier as well as the impugned judgments.
Ed.
This Case is also Reported in: 17 BLC (AD) (2012) 91.
..
Category: Employment/Service Law | Date: | Hits: 147
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