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Bangladesh and ors Vs. Somboon Asavaham, 1980, 9 CLC (AD)
....e foregoing reasons, the appeals are allowed with costs. The order of the High Court Division is set aside and the writs are re-called. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 194 ......ms under section 156(1) (9) and the trawlers confiscate under section 157 of the Customs Act, 1969 by orders, dated 16-2-77 and 23-8-77. The order of 16-2-77 was challenged in a Revision before the Board of Revenue but with no effect. Respondents challenged the orders of confiscation mainly on......e foregoing reasons, the appeals are allowed with costs. The order of the High Court Division is set aside and the writs are re-called. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 194 ......980) 194 ..Category: Admiralty Law or Maritime Law | Date: | Hits: 246
Commissioner of Income Tax, (Now Com. of Taxes), Ctg. Vs. Saifuddin A Siddiqui, 1980, 9 CLC (AD)
....f the Income Tax Act in this case. In the result, both the appeals are dismissed on contest without, however, any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 190 ......f the Income Tax Act in this case. In the result, both the appeals are dismissed on contest without, however, any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 190 ......f the Income Tax Act in this case. In the result, both the appeals are dismissed on contest without, however, any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 190 ......is exemption will not apply to a case where so much of the income as remaining unexpended during the previous year………….(6) "Income applied" meant the income set apart in the wakf deed and not the income actually spent by the Mutwalli…………….(7) The unexpended amount o..Category: Fiscal/Taxation Law | Date: | Hits: 85
Director of Taxation & Excise, Govt of East Pak. (now BD) Vs. Mehdi Ali Khan Panni, 1980, 9 CLC (AD)
....y order as to costs. ORDER OF THE COURT According to the majority view the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 138 ......y order as to costs. ORDER OF THE COURT According to the majority view the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 138 ...... exemption as provided in the first part of clause (b) of section 4. Cases Referred to- Khurram Khan Panni vs. Commissioner of Agricultural Income-tax, 17 DLR (1S65) 286; Commissioner of Inland Revenue vs. Mutual Investment Co. Ltd., (1966) 2 AC 587 at 595; Fazlul Rabbi vs. The State of West B......ppeals. Vs. Mehdi Ali Khan Panni ...................................Respondent in all the appeals Judgment. August 18, 1978 Interpretation of taxing Statutes- Doctrine of Laissez Faire and welfare economy. In interpreting a taxing statute a controversy often arises and learn..Category: Trust/Waqf Law | Date: | Hits: 239
A. Z. Rafique Ahmed Vs. BD Council of Scientific and Industrial Research & ors, 1980, 9 CLC (AD)
....ion is set aside and it is declared that the order of dismissal of the appellant is without any lawful authority and of no legal effect. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 83 ...... many as 32 clauses which elaborately provide the different provisions for regulating the functioning of the Council. Some of the clauses are quoted below. Clause 4 provides for constitution of a Board. It reads as under: 4. Board.- (1) There shall be a Policy Board of the Council whi......ion is set aside and it is declared that the order of dismissal of the appellant is without any lawful authority and of no legal effect. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 83 ......Kemaluddin Hossain, CJ Ruhul Islam, J K. M.Subhan, J Badrul Haider Chowdhury, J A. Z. Rafique Ahmed ...............................Appellant. Vs. Bangladesh Council of Scientific and Industrial Research and others ............Respondents Judgment April 26, 1979. The ..Category: Employment/Service Law | Date: | Hits: 130
Md. Mahboob Murshed Vs. Bangladesh and others, 1980, 9 CLC (AD)
....de and impugned Office Order dated July 29, 1976 is declared as illegal and without any lawful authority. We make no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 77 ......en by the proper authority. 3. It has been noted above that the competent authority did pass an order on his representation dated October 18, 1972 directing the Secretary, Bangladesh Railway Board that the appellant be taken back in his service. This letter was signed by a Deputy Secret......de and impugned Office Order dated July 29, 1976 is declared as illegal and without any lawful authority. We make no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 77 ......ellate Division (Civil) Present: Kemaluddin Hossain CJ Ruhul Islam, J K.M. Subhan, J Badrul Haider Chowdhury, J Md. Mahboob Murshed………. ...Petitioner. Vs. Bangladesh and others ………….Respondents Judgment July 25, 1979. The Bangladesh Service Rules, ..Category: Employment/Service Law | Date: | Hits: 77
Haji Sk Md. L Rahman Vs. Chair, Court of Settlement, BD Abandoned Building & anr, 1993, 22 CLC (AD)
.... case after giving adequate opportunities to the parties to prove the genuineness or otherwise of the kabala in question. Ed. This case is also reported in: 45 DLR (AD) (1993) 136 ...... case after giving adequate opportunities to the parties to prove the genuineness or otherwise of the kabala in question. Ed. This case is also reported in: 45 DLR (AD) (1993) 136 .......00 who in turn again sold the house to Md. Rahmatullah on 15.12.1979. Subsequent thereto said Rahmatullah again transferred the property to the appellant on 16.1.80 who mutated his name in the CO (Revenue) and paid rent to the Government and possessing the property till today. The said house hav...... J Mustafa Kamal J Latifur Rahman J. Haji Sk Md. Lutfur Rahman ……………..Appellant Vs. Chairman, Court of Settlement, Bangladesh Abandoned Buildings and another............ Respondents Judgment January 21st, 1993. ..Category: Property Law | Date: | Hits: 63
Alfu Miah and others Vs. Government of the People's Republic of Bangladesh, 1993, 22 CLC (AD)
....rom interfering with the impugned order in view of the particular facts of the case. The appeal is, therefore, dismissed. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 112 ......rom interfering with the impugned order in view of the particular facts of the case. The appeal is, therefore, dismissed. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 112 ......rom interfering with the impugned order in view of the particular facts of the case. The appeal is, therefore, dismissed. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 112 ...... This case is also reported in: 45 DLR (AD) (1993) 112 ..Category: Limitation Law | Date: | Hits: 271
Sompong Vs. State, 1993, 22 CLC (AD)
....ized goods as passed by the Special Tribunal. The appeal is accordingly allowed and t1he impugned order set aside. Ed. This case is also reported in: 45 DLR (AD) (1993) 110 ......ized goods as passed by the Special Tribunal. The appeal is accordingly allowed and t1he impugned order set aside. Ed. This case is also reported in: 45 DLR (AD) (1993) 110 ......ized goods as passed by the Special Tribunal. The appeal is accordingly allowed and t1he impugned order set aside. Ed. This case is also reported in: 45 DLR (AD) (1993) 110 ...... Appellant. Shamsul Alam, Deputy Attorney‑General ,instructed by A W Mallik, Advocate-on-Record-For the Respondent. Criminal Appeal No. 6 of 1992 (From the Judgment and order dated 5.12.91 passed by the High Court Division, Dhaka in Criminal Appeal No. 445 of 1989..Category: Criminal Law | Date: | Hits: 62
Habiba Mahmud Vs. Bangladesh and others, 1993, 22 CLC (AD)
....action. With this observation as indicated herein above, I agree with the ultimate order of release of the detenu. Ed. This case is also reported in: 45 DLR (AD) (1993) 89 ......of the proviso to sub‑section (1) of section 8, that the 'grounds' must include facts as well. Grounds are not only necessary to enable the detenu to make a representation before the Advisory Board, constituted under section 9, they are the starting points both for the Advisory Board, whil......action. With this observation as indicated herein above, I agree with the ultimate order of release of the detenu. Ed. This case is also reported in: 45 DLR (AD) (1993) 89 ......l) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Habiba Mahmud .................................Appellant Vs. Bangladesh and others... ..................Respondents Judgment August 31st, 1992. Lawy..Category: Criminal Law | Date: | Hits: 88
Bangladesh Vs. Dhaka Steel Works Ltd. & Others, 1993, 22 CLC (AD)
....y of Respondent No. 1 is an abandoned property and, even if it were not an abandoned property, whether its subsequent placement under the Corporation as an industrial enterprise is valid under the Nationalisation of Industrial Enterprises Order, 1972. 2. Facts of the case have been set ou......had its own factory in Tongi Industrial Area. It owned the industrial enterprise. While the Company was in possession, control and management of its industrial enterprise and other properties, the Board of Directors and officers of the Company were forcibly dispossessed there from on 29.1.72 by ......ed without any order as to costs, subject to the modification of the direction given by the High Court Division as above. Ed. This case is also reported in: 45 DLR (AD) (1993) 69 ......hman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Bangladesh, represented by the Secretary, Ministry of Industries, Government of the People's Re-public of Bangladesh and anr........................Appellants [In CA No. 31 of 1991] Bangladesh Steel and Engin..Category: Property Law | Date: | Hits: 65
Hossain Mohammed Ershad Vs. State, 1993, 22 CLC (AD)
....e proceeding to continue. There is no cause or occasion for an interference for the ends of justice. All the petitions are dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 48 ......erroneously held that the petitioner illegally inserted a clause in paragraph 20 of the Lease Deed exempting the precondition of a construction before transfer, overlooking an earlier decision of the Board of Trustees dated September 2, 1986 that had waived the condition for prior construction befor...... transferors Shahinur Islam, Akhatrar Begum and Amjadul Huq did not receive any money from the JPL and they only received Tk. 1,63,000.00 from Abdus Sukur Pradhan. The Additional Deputy Commissioner (Revenue) Dhaka by his Memo dated October 8, 1989 informed the RAJUK that none of the allottees were ......ushan Ershad ....................Petitioner [Criminal Petition No. 118 of 1992] Abdus Shukur Prodhan ..........................Petitioner [Criminal Petition No. 1 19 of 1992] Md. Shahinur Islam and another.........Petitioners [Criminal Petition No. 120 of 1992] M M Rahmatullah .... Petitio..Category: Anti-Corruption Laws | Date: | Hits: 302
Giasuddin Bhuiyan (Md) Vs. Chairman, Bangladesh Power Development Board & others, 1993, 22 CLC (AD)
.... bills due from him. There is thus no substance in this appeal which is dismissed without any order as to cost. Ed. This case is also reported in: 45 DLR (AD) (1993) 29 ......ahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J. Giasuddin Bhuiyan (Md)...................Appellant Vs. Chairman, Bangladesh Power Development Board & others................ Respondents Judgment August 31st, 1992. Law...... bills due from him. There is thus no substance in this appeal which is dismissed without any order as to cost. Ed. This case is also reported in: 45 DLR (AD) (1993) 29 ......ellant. Syed Ishtiaq Ahmed, Senior Advocate, instructed, by Abul Quashem Bhuiyan, Advocate- on - Record -For the Respondents. Civil Appeal No. 51 of 1990. (From the Judgment and Order dated 10 December, 1989 passed by the High Court Division, Dhaka in Writ Petition No. 160..Category: Criminal Law | Date: | Hits: 71
Government of Bangladesh Vs. Shakhipur Islamia High School, 1993, 22 CLC (AD)
....e appeal is allowed. The trial Court will decide the suit in the light of the judgment of the appellate Court. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 23 ......e appeal is allowed. The trial Court will decide the suit in the light of the judgment of the appellate Court. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 23 ......8) "The sole question for determination in this case, therefore, is whether hats and bazars fall within the three classes of lands mentioned in sec. 20(2)(b). From the Khatian (Revenue Record) relating to these hats and bazar exhibited in the case, Plot No. 341 is a bazar an...... of East Pakistan, 11 DLR (SC) 316; A. Roberio Vs. Labour Appellate Tribunal, 27 DLR 98; 9 DLR 674; 13 DLR (SC) 139; 16 DLR (SC) 281; Hashem Ali Howlader & others Vs. Province of East Pakistan and others, 20 DLR 18 (1968); SM Nurul Huq Vs. Province of East Pakistan and another, 25 DLR 476. ..Category: Property Law | Date: | Hits: 64
Begum Asia Rahman Vs. Abdul Bashir Bhuiyan and others, 1974, 3 CLC (AD)
....red by limitation. In the result the appeal fails. The judgment and order of the High Court are affirmed. In the circumstances of the case there will be no order as to costs. Ed. ......red by limitation. In the result the appeal fails. The judgment and order of the High Court are affirmed. In the circumstances of the case there will be no order as to costs. Ed. ......-service of notice under section 88A of the Bengal Tenancy Act on the co-sharer? 3. Whether the respondent could file application for pre-emption without setting aside the order of Revenue Officer separating the Jama vide Exhibit 'B' 6. In order to appreciate the......ip;……………………………………………….. Appellant Vs. Abdul Bashir Bhuiyan and others……………………………&..Category: Property Law | Date: | Hits: 60
Kazi Mukhlesur Rahman Vs. Bangladesh and another, 1974, 3 CLC (AD)
....he same race or occupation. It is the fact, clearly established, of injury to the complainant—not to others—which justifies judicial intervention." ......volved To: Banarasi Prashad vs. Kashi Krishna Narain, IR 28 IA 11; Radha Krishna Das Vs Rai Krishna Chand. LR 28 IA 182, Radhar Krishna Ayyar Vs. Swaminatha Ayyar, LR 48 LA 31; Member, Board of Revenue Vs Akhtar Khan, PLD 1968 SC 270; Shasi Bhusan Vs Asgar Ali, 20 DLR (SC) 217; McCab......: Banarasi Prashad vs. Kashi Krishna Narain, IR 28 IA 11; Radha Krishna Das Vs Rai Krishna Chand. LR 28 IA 182, Radhar Krishna Ayyar Vs. Swaminatha Ayyar, LR 48 LA 31; Member, Board of Revenue Vs Akhtar Khan, PLD 1968 SC 270; Shasi Bhusan Vs Asgar Ali, 20 DLR (SC) 217; McCabe Vs. Atc......ayem CJ AB Mahmud Husain J Abdullah Jabir J Ahsanuddin Chowdhury J Kazi Mukhlesur Rahman.........................Appellant Vs. Bangladesh and another …………………………Respond..Category: Constitutional Law | Date: | Hits: 716
Bangladesh Vs. Professor Golam Azam and others, 1994, 23 CLC (AD)
....f his country. Further, it indicates a two-way relationship of allegiance and protection between an individual and his country. Citizenship, the status of being a citizen, is a term of municipal law. Nationality, the status of being a national, is a term of international law. The terms 'citizenship'......e which offends against the principles of natural justice is outside the jurisdiction of the decision‑making authority. As Lord Selborne said as long ago as 1885 in Spackman Vs. Plunistead District Board of Works (1885) 10 App. Cas. 229, 240: "There would be no decision within the meaning of the s......2B of the Order and the learned Attorney‑General having accepted the position, I refrain from saying anything on this score. Ed. This case is also Reported in: 46 DLR (AD) (1994) 192. ......ision (Civil) Present: M Habibur Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Bangladesh .................................Appellant Vs. Professor Golam Azam and others…………………Respondents Judgment June 22, 1994. Lawyers Involved: ..Category: Immigration and Citizenship Law | Date: | Hits: 522
Zahirul Islam Vs. National Bank Limited and others, 1993, 22 CLC (AD)
....upreme Court Appellate Division (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Zahirul Islam...................................Petitioner Vs. National Bank Limited and others .....................Respondents Judgment July 20, 1993. ......al if the petitioner's remedy by way of appeal is not already barred. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in:46 DLR (AD) (1994) 191 ......al if the petitioner's remedy by way of appeal is not already barred. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in:46 DLR (AD) (1994) 191 ......ate Division (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Zahirul Islam...................................Petitioner Vs. National Bank Limited and others .....................Respondents Judgment July 20, 1993. Result: The petitio..Category: Civil Law | Date: | Hits: 139
Additional Deputy Commissioner (Revenue), Manikgonj Vs. Md. Siddiqur Rahman & ors, 1994, 23 CLC (AD)
....dur Rahman. The summary rejection of the revisional application is perfectly justified. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 179 ......dur Rahman. The summary rejection of the revisional application is perfectly justified. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 179 ......e Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Additional Deputy Commissioner (Revenue), Manikgonj ................Petitioner Vs. Md. Siddiqur Rahman and others &he......ahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Additional Deputy Commissioner (Revenue), Manikgonj ................Petitioner Vs. Md. Siddiqur Rahman and others …………Respondents Judgment June 23rd, 1993. ..Category: Property Law | Date: | Hits: 62
Chairman, Civil Aviation Authority of Bangladesh Vs. Kazi Abdur Rouf and others, 1994, 23 CLC (AD)
....e public? The writ petition itself was misconceived. For all the above reasons the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 145. ......uf as Headmaster and Secretary of the Staff Welfare High School, Airport Road, PS Tejgaon, Dhaka filed the writ petition challenging Memo. No. 8297(4) dated 29.7.92 addressed by the School Inspector, Board of Intermediate and Secondary Education, Dhaka (respondent No. 4 herein) to the Chairman, Bang......e public? The writ petition itself was misconceived. For all the above reasons the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 145. ......hahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Chairman, Civil Aviation Authority of Bangladesh.......................Appellant VS. Kazi Abdur Rouf and others ……………….Respondents Judgment February 16, 1994. Lawyers Involved: ..Category: Property Law | Date: | Hits: 86
Post Office High School Vs. Asgar Ali & others, 1994, 23 CLC (AD)
....t and decree of the trial Court are restored and those of the appellate Court and the High Court Division are set aside. No costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 127. ......e revealed that the plaintiff misappropriated from the school fund a sum of Taka 94,754.75 paisa. The plaintiff was then dismissed from his service and that the order of dismissal was approved by the Board of Intermediate and Secondary Education. 3.The trial Court dismissed the suit after finding......t and decree of the trial Court are restored and those of the appellate Court and the High Court Division are set aside. No costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 127. ......resented by the Secretary, Managing Committee .........Appellant Vs. Asgar Ali & others............................ Respondents Judgment March 3, 1994. Cases Referred to- Bauribandhu Misra Vs. IG of Police and others AIR 1970 Orissa 213; RJ Singh Vs. State of Delhi AIR 1971 (S..Category: Employment/Service Law | Date: | Hits: 101
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