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Abdus Samad & ors Vs. Md. Sohrab Ali and others, 1981, 10 CLC (AD)
....ge cannot be sustained, therefore, the appeal is allowed with costs and the Judgment of the High Court set aside. Judgment and order of the lower Appellate Court are restored. Ed. ......e it not only a matter of convenience but of absolute necessity to enable the Court to adjudicate more effectively and completely. Order 1 rule 9 of the Code does not apply when a cause of action arises against a number of persons jointly because when one of such persons is eliminated n..Category: Property Law | Date: | Hits: 73
Shamuj Ali and other Vs. Kamalarma Bibi and others, 1980, 9 CLC (AD)
....the appellate court if appeal is preferred from the decree of reversal of the first appellate court. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: ......the benefits of secs. 6 & 7 of the Limitation Act, the learned Judge observed that "in the matter of interpretation of statutes equitable consideration is out of place and held: "The cause of action or right to apply under s. 144 accrued to the defendants on the very next day after the decre..Category: Procedural Law | Date: | Hits: 111
Ful Chand Das and others Vs. Mohammad Hammad and others, 1982, 11 CLC (AD)
....ent of the High Court Division is maintained. Consequently, this appeal stands dismissed without any order as to costs. Ed. This Case is also Reported in: 3 BLD (AD) 1983, 68. ......misrepresentation, inadequate consideration, or fraud and whether the purpose of the transfer, as stated in the application, is incorrect, or (ii) whether it is a bonafide transaction and the purpose of the transfer, as stated in the application, is genuine; and shall refus..Category: Property Law | Date: | Hits: 75
Sultan Ahmed, Advocate and others Vs. Haji Sultan Ahmed and others, 1982, 11 CLC (AD)
....gh Court Division dated 5 June 1981, order of the Additional Sessions Judge dated 30th November 1979 and the order dated 16 October 1978 of the learned Magistrate are set aside. Ed. ...... the Code. The order is quoted below: "I am satisfied that there is apprehension of breach of peace in the schedule lands, and as the breach of peace is immediate some preventive action is necessary. I, therefore, being satisfied pass this order under secti..Category: Criminal Law | Date: | Hits: 51
Govt. of Bangladesh Vs. Md. Arshad Ali, 1982, 11 CLC (AD)
....e sustained. Therefore, the appeal is allowed. The judgment and order of the High Court Division are set aside and the writ petition is dismissed. We make no order as to costs. Ed. ......at granting of reward is wholly a matter of discretion of the Government as a token of its appreciation and it cannot be claimed as a matter of right and as such there being no cause of action for seeking remedy by filing the writ petition, the learned Judge by an erroneous deci..Category: Criminal Law | Date: | Hits: 171
Mofizur Rahman Khan Vs. Government of Bangladesh, 1982, 11 CLC (AD)
.... disposed of in these terms, without any cost. In the result, Civil Appeal Nos. 73 and 124 of 1981 are dismissed. No order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) 321. ......blic Service (Retirement) Act (Act XII) of 1974 was struck down owing to its repugnancy to Articles 27 and 29 of the Constitution. The question is whether the validation of the said section and the action under the invalid law sought to be validated under the present law is constitutionally valid...Category: Constitutional Law | Date: | Hits: 188
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. ...... the assumption that in view of the preamble the impugned removal of an individual government servant under the President's Order No. 9 of 1972 cannot be sustained unless it is shown that the action has been taken on the ground that it relates to urgent tasks of national reconstruction. The..Category: Employment/Service Law | Date: | Hits: 92
....dgment and order by the High Court Division are set aside. The appeals are allowed without any order as to costs.
Ed.
This Case is also Reported in: 34 DLR (AD)(1982) 298; 3 BLD (AD) 1983, 48.
......ompetent to change the basis of gross profit as calculated by the assessee and raise it to a higher percentage.
The trading accounts of the respective assessee was rejected on valid grounds and action of the Deputy Commissioner of Taxes for taking recourse to section 13 and making estimate f..
Category: Fiscal/Taxation Law | Date: | Hits: 100
Bangladesh Vs. Md. Matiur Rahman, 1982, 11 CLC (AD)
....ourt Division is set aside and the Writ Petition is dismissed with the modification that; the punishment is altered to compulsory retirement. No order as to costs. Ed. ......timate has been submitted at the proper time and there has been no delay in submitting the estimate on my part nor any delay in execution and completion of electrical works to the satisfaction of all concerned. I faithfully followed the instruction of the superior authority at a..Category: Employment/Service Law | Date: | Hits: 87
Commissioner of Income Tax Vs. Chowdhury Ramzan Ali and another, 1982, 11 CLC (AD)
....ed without any order as to costs. The orders of the Court below are set aside, the proceedings of claims of the appellant before the Company Judge will proceed according to law. Ed. ......ne under this Act." 8. In the case of Raleigh Investment Co. Ltd Vs. G. G. in Council, reported in A.I R. 1947 (P.C.) 78, their Lordships of the Privy Council considered the above action and came to a conclusion that the Income Tax Act is a self contained Code. Under the Act the..Category: Fiscal/Taxation Law | Date: | Hits: 85
....persona! hearing has, in any way, prejudiced the respondent.
For the reasons stated above, the appeal is allowed but without any order as to costs.
Ed.
This Case is also Reported in:
......rst contention, it is well settled that the jurisdiction of the Civil Court may be excluded expressly or by clear implication from the scope of an Act. Question often arises when an order made or action taken under such Act is challenged and attempt is made to show that the impugned order or act..
Category: Employment/Service Law | Date: | Hits: 109
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. ......er, on 29-11-1976 the appellant was arrested from his village home at Doshpar where he had gone for performing Eid and he was brought to Dacca and lodged in the Central Jail. It is stated: ''This action was taken simultaneously with the assumption of the office of the Chief Martial law Administr..Category: Criminal Law | Date: | Hits: 287
Bangladesh & others Vs. A. K. M. Zahangir Hossain, 1981, 10 CLC (AD)
.... member of the said 'disciplined force' if he has been illegally dismissed, removed, discharged, reduced in rank or compulsorily retired. Ed. This Case is also Reported in: 34 DLR (AD) 173. ......ty subordinate to that by which he was appointed, and that no such person shall be dismissed or removed or reduced in rank until he has been given a reasonable opportunity of showing cause why that action should not be taken. Though there are certain exceptions to these provisions, they are not ..Category: Constitutional Law | Date: | Hits: 188
Jamil Huq and 11 others Vs. Bangladesh and others, 1981, 10 CLC (AD)
....lication under Article 104 of the Constitution is rejected. The verbal prayer for stay of the execution of the sentences made by Mr. MH Khandker is refused. Ed. This Case is also Reported in: ......t interpretations of a provision, and means, therefore, have to be provided for the resolution of such conflict. Written Constitution provides a standard by which the legitimacy of the Government's action is to be judged, and it is the function of the Court, which is endowed with the authority of ..Category: Constitutional Law | Date: | Hits: 327
Al-Sayar Navigation Co. Vs. Delta International Traders Ltd. and ors., 1982, 11 CLC (AD)
....plaintiff is assessed at Tk. 7,36,040/- and the decree is passed accordingly. Civil Appeal No. 38 of 1981 is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: ......he goods or any part thereof by the negligence or misconduct of or for any breach of duty or breach of contract on the part of the owner, master, or crew of the ship unless it is shown to the satisfaction of the Court that at the time of the institution of the cause any owner or part owner of the ..Category: Admiralty Law or Maritime Law | Date: | Hits: 264
Md. Deser Ali Vs. Bangladesh and ors., 1982, 11 CLC (AD)
....ated on the ground floor of one of the buildings, the said property being outside the hat and bazar has been made without any lawful authority and as of no legal effect. Ed. ...... shops, etc, within the area of the hat and bazar and also to fix up the rent. You are, requested to hand over the formal possession to the Tdr. concerned by 25-7-69 failing which legal action will be taken by the Govt." 3. This affected the properties..Category: Property Law | Date: | Hits: 61
Habibur Rahman Vs. The State, 1982, 11 CLC (AD)
....retrial is set aside and the order of the Special Tribunal dated 1-8-1975, allowing the withdrawal is restored. Consequently the petitioner stands acquitted under section 494 Cr.P.C. Ed. ......hdrawal of the criminal case against the appellant on August 5, 1975 on the prayer of the Public Prosecutor, and sending the case record to the Chief Martial Law Administrator, Dacca for necessary action. Leave was granted to examine the question as to whether the Sessions Judge and Special Trib..Category: Criminal Law | Date: | Hits: 46
Chairman, D. I. T and another Vs. Chairman, 2nd Labour Court and another, 1981, 10 CLC (AD)
....gh Court Division and the Labour Court are set aside, and the petition before the Labour Court dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) 37. ......ued. Thus a distinct legal entity has been created by the Act (sections 3). Sections 32,33,34,35 and 36 deals with the employees of the Board. 9. Section 35 provides, inter alia, for disciplinary action against such officer and employees and provides hierarchy of officers who are authorised to..Category: Labour and Industrial Law | Date: | Hits: 108
Mrs. H Mansur & ors Vs. Sec. Min. of Pub. Works & Urban Dev., Pub. Works Div, GoB, 1982, 11 CLC (AD)
....ed with costs. The order of the High Court Division is set aside, and the impugned order of cancellation of the lease deed declared to have been passed without any lawful authority. Ed. ......cause on 10. 12. 74 but they were served with an order on 5.2.75 by the authority aforesaid cancelling the lease. 3. Parties went on trial and the main question was whether the Government's action was authorised by law and whether the writ was maintainable. The learned Judges of the High ..Category: Property Law | Date: | Hits: 53
Assessing Officer, Narayangonj Range and others Vs. Burmah Eastern Ltd., 1981, 10 CLC (AD)
....at the High Court Division has rightly held that the Writ Petition was maintainable. For the aforesaid reasons this appeal is dismissed but without cost. Ed. This Case is also Reported in:......y Statute, it has been said, which takes away or impairs vested rights, acquired under existing laws or created a new obligation, or imposes a new duty or attaches a new disability in respect of transactions or consideration already past must be presumed, out of respect to the legislatures, to be in..Category: Fiscal/Taxation Law | Date: | Hits: 76
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