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Ful Chand Das and others Vs. Mohammad Hammad and others, 1982, 11 CLC (AD)
....f orders, section 6(a) provides for penalty; section 7 gives indemnity; section 7(a) to (b) provide for conferment of certain powers on the Officers and section 8 deals with the power to make rules. Section 5 is in the following terms:— "5. (1) If, on an enq..Category: Property Law | Date: | Hits: 75
Govt. of Bangladesh Vs. Md. Arshad Ali, 1982, 11 CLC (AD)
.... Ministry of Finance dated 18-8-58 by itself presumes a quasi judicial proceeding by an administrative tribunal wherein the presence of the claimant for reward is essential to comply with the rules of principle of natural justice and to afford him an opportunity to establish his claim upon ..Category: Criminal Law | Date: | Hits: 171
M/s. Everett Orient Lines Inc. Vs. Commissioner of Income Tax Ctg Zone, Ctg, 1982, 11 CLC (AD)
....kistan." (ii) Whether the insertion of the word 'in Pakistan' after the words has been installed" by the Finance Act of 1967 (Act XII of 1967) in section 10(2) (vi) and rules 9(old Rule) of the Income Tax Rules has changed the Character of the law and, if so, whether..Category: Fiscal/Taxation Law | Date: | Hits: 114
Mofizur Rahman Khan Vs. Government of Bangladesh, 1982, 11 CLC (AD)
....rt. Act 5 provided that anything done or any action taken under the Memorandum shall be and shall always be deemed to have been done or taken under the corresponding provision of this Act as if these rules were in force on the date on which such thing was done or such action was taken. It was conten..Category: Constitutional Law | Date: | Hits: 188
Abdul Halim Mollah @ Monohar Mollah & anr Vs. Member, App Tribunal Dacca & ors., 1982, 11 CLC (AD)
....at by a Judge who had the advantage of seeing the witnesses. To state this, however, is only to say that the High Court in its conduct of the appeal should and will act in- accordance with rules and principles well known and recognized in the administration of justice." &..Category: Criminal Law | Date: | Hits: 40
Bangladesh Vs. Md. Misfor Ali and others, 1982, 11 CLC (AD)
....ges, the appeal must succeed. Therefore, the appeal is allowed. The judgment of the High Court Division is set aside and the Writ Petition is dismissed. We make no order as to costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 92
Bangladesh Vs. Md. Matiur Rahman, 1982, 11 CLC (AD)
....d to assign some reasons." It was a case concerning an employee of a statutory Corporation where terms and conditions of services of its employees were not regulated by any statutory rules. However, an employee of such Corporation is entitled to an opportunity to show-cause a..Category: Employment/Service Law | Date: | Hits: 87
Rokeya Khatun Vs. Alijan @ Alijan Bepari and ors., 1982, 11 CLC (AD)
....sition of law is a special development which was evolved in consideration of the social usage in the different communities in this sub-continent. The principle is derived from the general rules of English law. which protects persons, whose disabilities make them dependent upon or subjec..Category: Property Law | Date: | Hits: 57
Khondker Moshtaque Ahmed Vs. Bangladesh, 1982, 11 CLC (AD)
....w Court and the order of Government on review are set aside, The orders of conviction passed on the appellant ate hereby quashed. Ed. This Case is also Reported in: 34 DLR (AD) (1982) 222. ..Category: Criminal Law | Date: | Hits: 287
Bangladesh Vs. Hon'ble Judge, Prize Court, HCD, Supreme Court Building, Dacca, 1982, 11 CLC (AD)
.... (viii) a change in the terms and condition! of service of Government servants, and employees of public corporations which have financial implications; and (ix) Interpretation of rules made by the Ministry of Finance, (2) No proposal to which the previous concurren..Category: Others | Date: | Hits: 116
Bangladesh & others Vs. A. K. M. Zahangir Hossain, 1981, 10 CLC (AD)
....ls is whether a member of the subordinate police service by virtue of some provisions contained in the Bangladesh Constitution can maintain 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 pl..Category: Constitutional Law | Date: | Hits: 188
General Manager Jamuna Oil Company Ltd. Vs. Golap Rahman & another, 1982, 11 CLC (AD)
....dinance shows that the Court itself either cannot compel the attendance of such member or extract his advice. For the reasons stated above, the appeal is dismissed with costs. Ed. ..Category: Labour and Industrial Law | Date: | Hits: 97
Md. Habibur Rahman & ors. Vs. Hasen Ali Mondal and others, 1982, 11 CLC (AD)
....gnised. We, therefore, find no substance in the challenge to the wrong quotation of the provisions of law and its supposed consequence. 8. The next contention veers around the absence of any rules prescribing the manner of convening a special meeting of the Parishad for considering a motio..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)
..... 4. Appellant's election as Chairman of Paurashava was challenged by a petition filed by the respondent alleging that the election was vitiated amongst others on account of contravention of rules 37, 38 sad 39 of Paurashava Election Rules, 1977. Election in two centres, namely Rupsha Pri..Category: Election Law | Date: | Hits: 121
Jamil Huq and 11 others Vs. Bangladesh and others, 1981, 10 CLC (AD)
....er in Criminal Petition No. 25 of 1981 contended that ouster clause is only partial and once it is shown that the proceedings have been conducted in a mala fide manner or in flagrant violation of the rules of procedure resulting in fundamental unfairness or if the proceeding is coram non judice th..Category: Constitutional Law | Date: | Hits: 327
Al-Sayar Navigation Co. Vs. Delta International Traders Ltd. and ors., 1982, 11 CLC (AD)
....historically recognised in maritime law." (Page 633 Ibid) 17. The authors have noticed the present day attitude of the Court of no new liens. The International convention for the unification of rules relating to maritime liens, etc. in 926 enumerated in Article 2 that the following give rise t..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)
....s a business the Wealth Tax officer is obliged to determine the value of the net wealth representing the various assets of the business and the method of computing has been provided for by the rules. As has been noticed the controversy in whether rule 8 3) or rule 8(9) will be attracted. Th..Category: Fiscal/Taxation Law | Date: | Hits: 78
Commissioner of Income Tax, Dacca Vs. Adamjee Sons Ltd., 1982, 11 CLC (AD)
....whereas in our enactment as the circumstances of the case may require." Section 7 of the Indian Act was amended by the amendment Act 1964 by the insertion of words ‘‘subject to any rules made in this behalf in sub-section (1)." Similarly, in sub-section 2(a) the words &lsquo..Category: Fiscal/Taxation Law | Date: | Hits: 73
Commissioner of Income Tax Vs. Mrs. Masuda Khatun, 1982, 11 CLC (AD)
....e the exemption illusory. Accordingly, the answer to the question framed must be in the affirmative. The appeals are, therefore, dismissed without any order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 75
Nurjahan Begum, wife of Mahmudur Rahman Vs. Mahmudur Rahman Mullick , 1982, 11 CLC (AD)
....ortant causes as noticed by the authorities, may be enumerated as follows:— (1) The Hindu joint family system; (2) The innate desire to preserve property and evade the rules against perpetuities; (3) Fraud, fear and risk of expropriation in a society in wh..Category: Property Law | Date: | Hits: 448