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....ion raised in this reference is answered in the negative and in favour of the assessee applicant.
There will be no order as to cost.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 338.......ther on the facts and in the circumstances of the case the Taxes Appellate Tribunal, Additional Bench-2, Dhaka is justified to uphold the disallowance of gift of Taka 1,40,000.00 on the ground of non-service of a letter to the donor.”
4. Mr. Khondker Fazlul Quadir, the learned Advocate appearin..
Category: Fiscal/Taxation Law | Date: | Hits: 81
Eman Ali Mallik Vs. State, 2000, 29 CLC (HCD)
.... 6(5) of the Criminal Law Amendment Act, 1958 which provides as follows: “Notwithstanding anything contained in the Code of Criminal Procedure, 1898 or in any other law, previous sanction of the Government shall be required for prosecution of a public servant for an offence under this Act, and ...... case within six months from the date of receipt of the case records from this Court. Send down the lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 335...Category: Criminal Law | Date: | Hits: 43
Shawn Apparels Ltd. Vs. Commissioner of Customs and others, 1998, 27 CLC (HCD)
....ssue the impugned order. 6. Mr. Syed Istiaque Ahmed, the learned Advocate appearing for the petitioner company, submits that the petitioner entered into the deal through the instrumentality of the Government or through their agent and relying on the assurance of the respondents they have made an ......ecretary of Finance (IRD), 2) Secretary, Ministry of Commerce, 3) Chairman, the National Board of Revenue for necessary action. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 316. ..Category: Fiscal/Taxation Law | Date: | Hits: 83
....ers in their affidavit-in-reply to the affidavit-in-opposition stated that they were not aware of such Boards resolution dated 18-7-93 and the alleged resolution dated 18-7-93 was not approved by the Government nor it was published in the official Gazette.
9. The petitioners in their affidavit-in......ilst at work, no slightest difference is there between the work actually undertaken on the flights by any permanent stewards/stewardesses on the one hand and any steward or stewardess of the contract service on the other hand. By an organogram (Annexure-B to the petition), Biman sets out its Revised..
Category: Employment/Service Law | Date: | Hits: 113
Shahabuddin Ahmed Vs. Abdur Rab Molla & others, 1999, 28 CLC (HCD)
....1992, is set aside. In the result, the Rule is made absolute but without any order as to costs. Send down the records forthwith. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 305. ......iscellaneous case being Miscellaneous Case No.7 of 1992 under Order XLI rule 21 of the Code of Civil Procedure, praying for setting aside the earlier ex parte order on the ground, inter alia, for non-service of summons upon him. After hearing, the learned District Judge, Narayanganj, by his order No..Category: Trust/Waqf Law | Date: | Hits: 189
....oration and another reported in 41 DLR 138, Mustafa Kamal J, as the learned Chief Justice was then, held, inter alia, that-
“The petitioner is an employee of a statutory corporation. He is not a Government servant. He cannot claim a second opportunity to show cause as a matter of right. But if ......ow cause notice pursuant to rule 43(6) but did not serve the copy of the enquiry report as required under rule 43(5) and asked the petitioners to show cause as to why they shall not be dismissed from service within 7 days from the date of receipt of the second show cause notice under Memo No. BJMC/p..
Category: Employment/Service Law | Date: | Hits: 87
.... all previous Record of Rights plaintiff School’s name was recorded. The plaintiff School has been exercising acts of ownership and possession on the suit property on regularly paying rents to the Government and also taxes to the Municipal Corporation now City Corporation, Dhaka. The defendant La......ranted at the time of issuance of the Rule stands vacated.
Let a copy of this judgment be sent to the concerned Court below immediately.
Ed.
This Case is also Reported in: 51 DLR (1999) 557.
..
Category: Property Law | Date: | Hits: 68
....reinafter referred to as ‘Chamber of Commerce’ was incorporated as a company under section 26 of the erstwhile Companies Act, 1913 on being granted licence by the Ministry of Commerce of the then Government of Pakistan under section 3 of the Trade Organisation Ordinance, 1961.
5. The Chamber ......he Companies Act be returned to the petitioner.
The petitioner may refer the matter to the said Arbitration Tribunal, if so advised.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 538...
Category: Company Law | Date: | Hits: 198
Altaf Hossain (Md.) Vs. Md. Abdul Rahim and others, 1998, 27 CLC (HCD)
....ection 151 of the Code of Civil Procedure. Mr. Zainul Abedin also placed before me the impugned show cause notice dated 4-10-96. He also placed before me the Service Regulation of the Teachers of Non-Government Colleges under the National University. Section 16 of the Regulation provides for consti......ice Regulation of the Teachers, Officials and employees of the Colleges but may take disciplinary action provided that a teacher shall not be placed under suspension and shall not be removed from his service before affording opportunity to him to refute the allegations brought against him. Mr. Quayu..Category: Procedural Law | Date: | Hits: 83
Abdul Gani Howlader (Md.) and another Vs. Abdus Somed Howlader and others, 1999, 28 CLC (HCD)
....tion 167 of the Bengal Tenancy Act the plaintiff became the tenant under certificate purchase and continued to remain so on payment of rent and that subsequently the plaintiff became tenant under the Government after the State Acquisition and Tenancy Act came into being. It is the admitted case of t......n No. 687 and there having no khas land, the auction purchaser Asmat Ali could not have acquired any title and interest in the land of Khatian Nos. 688 and 689 unless the under tenancy is annulled by service of notice as contemplated under section 167 of the Bengal Tenancy Act and he says that there..Category: Property Law | Date: | Hits: 98
Sajeda Begum Vs. Member, Bhumi Appeal Board and others, 1997, 26 CLC (HCD)
....r of the Land Appeal Board did not consider that in CS and SA records the land was recorded in the names of the former owners, and they having permanent right it was never recorded in the name of the Government nor it was a public easement property. It was a private property being permanent private ......…………………………….. c) ……………………………………………… Section 23 provides for the application to set aside sale and immovable property on ground of non-service of notice or irregularity. This section provides that where immovable property has been sold..Category: Property Law | Date: | Hits: 107
State Vs. Farooq Ahmed, Subordinate Judge, 1999, 28 CLC (HCD)
.... by him for the 1St time, we accept his apology. In the result the Rule is disposed of with the above observation accepting the apology. Ed. This Case is also Reported in: 51 DLR (1999) 515. ......neous case No. 28 of 1997 of this Court by 31-1-99 without fail and without giving any adjournment to either side in any case. The said order having been violated this suo moto Rule was issued. After service of the Rule contemner has appeared in person and filed an affidavit tendering unqualified ap..Category: Criminal Law | Date: | Hits: 45
Sherin Akther and another Vs. Md. Ismail, 1999, 28 CLC (HCD)
....t Judge-in-Charge and Family Court Sadar, Chandpur in Family Court Case No.4 of 1991 are hereby set aside. The suit is accordingly dismissed. Ed. This Case is also Reported in: 51 DLR (1999) 512.......notice under section 7 of the said Ordinance. If he failed to do so intentionally the very object of the said section becomes redundant.” The Court, however, was of the view that- “Mere non-service of notice upon the Chairman of the Union Council under section 7 of the Muslim Family Laws O..Category: Family Law | Date: | Hits: 180
SM Fazlul Haque Vs. Salahuddin Ahmed and another, 2001, 30 CLC (HCD)
....ntly, the appeal is dismissed and the connected Rule being Civil Rule No. 225 (FM) of 1998 is also discharged without any order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 612. ......ludes establishing contacts with supplier’s fabrics and accessories, negotiation with the garments manufacturer, fixation of the sale and purchase of fabrics and garments. In consideration of these services it is paid, what is called, technical fees, the amount of which fees are mentioned in the M..Category: Civil Law | Date: | Hits: 164
Shah Alam (Md.) Vs. Md. Shahidur Rahman and others, 2003, 32 CLC (HCD)
....dingly. Communicate the order to the court below at once. Send down the lower court records along with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 214....... as described in the schedule Kha of the pre‑emption petition to the pre-emptee opposite party No. 1 by a kabala dated 23‑11‑1994 beyond the knowledge of the pre‑emptor petitioner and without service of notice upon him. Under the circumstances he sought pre‑emption of the case land under s..Category: Property Law | Date: | Hits: 53
Hasibul Bashar (Md.) Vs. Dilshed Huda and another, 2002, 31 CLC (HCD)
....me of issuance of the Rule is recalled. Let the copy of this order be sent to the court of Metropolitan Magistrate, Dhaka for information. Ed. This Case is also Reported in: 55 DLR (2003) 200.......ite party No. 1 complainant did not serve the notice within the stipulated period of 15 days from the date of first bouncing or dishonouring of the cheque. He submits that section 138(b) provides for service of notice to the accused petitioner within 15 days from the date of 1st bouncing but in this..Category: Criminal Law | Date: | Hits: 28
Haripada Saha Vs. Md. Shamsuddin Quraishi and others, 1997, 26 CLC (HCD)
....nd 40 and the land appertaining to plot No. 41 is used as pathway which lies to the east of the aforesaid building. The area of .1079 acres of land appertaining to lot No. 39 has been acquired by the Government in LA Case No. 3/1964-65 before the purchase made by the parties, that is, the plaintiff ......llegality in the impugned order. In the result, the Rule is discharged without any order as to costs. Send down the LC Records at once; Ed. This Case is also Reported in: 54 DLR (2002) 606...Category: Administrative Law | Date: | Hits: 210
Rupali Bank Ltd. Vs. Chairman, Second Labour Court, Dhaka, 2001, 30 CLC (HCD)
.... be absorbed in permanent posts, on preferential basis, as and when such posts are available or created. There will be no order for costs. Ed. This Case is also Reported in: 54 DLR (2002) 602........ 2 Md. A Mannan, Temporary Godown Keeper. 3. Common fact in all the aforesaid cases are that the petitioner of the respective cases were appointed by the Bank on temporary basis and they rendered service continuously to the Bank since their joining and that they have been getting their salary an..Category: Labour and Industrial Law | Date: | Hits: 134
Abdur Rahman Vs. Government of Bangladesh, 2002, 31 CLC (HCD)
....rt High Court Division (Special Original Jurisdiction) Present: Amirul Kabir Chowdhury J Md. Nizamul Huq J Abdur Rahman…………………..………………Petitioner Vs. Government of Bangladesh, represented by Secretary, Ministry of Works and another………………......e of receipt of the records giving reasonable chance to the petitioner to produce the aforesaid witness. Send down the LC Records at once. Ed. This Case is also Reported in: 55 DLR (2003) 196...Category: Property Law | Date: | Hits: 59
Amena Khatun Vs. Chairman, Court of Settlement and others, 2010, 39 CLC (AD)
....ract for sale does not confer any title of the property upon the petitioner, that she failed to prove that Jamaluddin was in Bangladesh on 28th February, 1972 and his whereabouts was not known to the Government when the property was declared abandoned property, that since the decrees in the suits we......e learned Counsel is devoid of substance. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 01, 15 MLR (AD) (2010) 438. ..Category: Property Law | Date: | Hits: 65
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