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Commissioner of Income tax and another Vs. Zeenat Textile Mills Ltd., 1975, 4 CLC (AD)
....s rightly declared by the High Court of East Pakistan to have been made without lawful authority and being of no legal effect. The appeals are dismissed, but with out any order as to costs. Ed. ......from him on or before the date fixed for payment in the notice of demand. The section authorises a levy at the rate of six per cent per annum on the amount assessed as tax, to be calculated for the period commencing on the day following the date fixed for payment and ending on the day on which it ..Category: Fiscal/Taxation Law | Date: | Hits: 77
Osman Gani Mondal Vs. Mainuddin Ahmed and others, 1974, 3 CLC (AD)
....d by the learned Additional Attorney-General thus succeeds. This petition which was lodged on the 14th day of May, 1973 is dismissed. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 61. ......ded for by paragraph 7 of the Fourth Schedule of the Constitution (which incorporates the Transitional and Temporary Provisions) but the litigant's right thereto became extinct on the expiry of the period of ninety days from the commencement of the Constitution. 5. For a proper appreciation o..Category: Constitutional Law | Date: | Hits: 148
Government of Bangladesh Vs. Ahmed Nazir, 1975, 4 CLC (AD)
....e the Proclamation of Emergency issued on the 28th December, 1974 and the Constitution (Fourth Amendment) Act, 1975 dated the 25th January, 1975 effected changes in the said Constitution. Ed. ...... the Special Powers Act, 1974 because of his alleged prejudicial activities. Prior to the order passed by the vacation Bench on the 12th September, 1974 enlarging the detenu on bail for a period of two months and fifteen days on the ground of his illness, another Bench had issued a Rule..Category: Criminal Law | Date: | Hits: 85
Jamdhar Khan Vs. The State, 1975, 4 CLC (AD)
....of a sum of Rs. 915/- by the petitioner. There is no merit in this petition and the Leave prayed for is refused. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 35. ......an Assistant Sessions Judge and Ex-Officio Special Judge of Mymensingh under the Criminal Law Amendment Act on a charge of criminal breach of trust in respect of a sum of Rs. 915/- during the period when he held office as Chairman and was convicted under section 409 of the Penal Code and se..Category: Criminal Law | Date: | Hits: 44
Solicitor, Government of Bangladesh Vs. Syed Sanwar Ali and others, 1974, 33 CLC (AD)
....y of the circumstances indicated in the preceding paragraph can be shown to have rendered the proceeding relating to him coram non judice. Ed. This Case is also Reported in: 27 DLR (AD) 16. ...... or the Special Magistrate by the Public Prosecutor that such an appeal is being filed, the person in respect of whom the order of acquittal was passed shall continue to remain in custody. (3) The period of limitation for an appeal under clause (1) shall be sixty days from the date of sentence an..Category: Criminal Law | Date: | Hits: 104
Shamsuddin Ahmed @ Tofa Mia & others Vs. Abdul Latif Bhuiyan, 1981, 10 CLC (AD)
....ppellants on coming to hear of the sale made the talab-i-mowasibat. On February 7, 1946 the receipt was made over by them to the respondent purchaser who thereupon paid the balance of the price as stipulated in the deed. On February 9, 1946, the documents were copied in the Registrar's book and......he suit on the finding that the suit was not barred by limitation under article 50 of the Limitation Act, because, the plaintiff-respondent having been dispossessed from the suit plot in 1962, the period of one year provided for institution of a suit for pre-emption is to be counted from th..Category: Property Law | Date: | Hits: 45
Sanjib Kumar Bose and another Vs. Syed Shamsuddin Ahmed and another, 1981, 10 CLC (AD)
....h Court Division must be reversed. The appeal is allowed, judgment and decree of the High Court Division are set aside and those of the trial court are restored. No order as to cost. Ed. ......one year of attainment of majority by plaintiff No. 1. He is entitled to file the suit within three years from attainment of his majority as laid down in section 6 of the Limitation Act. During the period of their minority plaintiff’s title was not extinguished and as such there is no neces..Category: Property Law | Date: | Hits: 54
A.S.A. Nur Vs. Registrar of Joint Stock Companies, Dacca, 1981, 10 CLC (AD)
....d in it to the said Company against issue of shares to the Corporation. 7. Due to certain circumstances it was not possible to call the Annual General Meeting of the Company within the stipulated time and the appellant as a shareholder filed an application before the High Court Divis......n the right of marketing of the petroleum. This change of policy was responsible for the inactivity of the Jamuna Oil Company and the company did not transact any business throughout this period. However, it seems, the Government has given a second look to the matter in 1976. The petro..Category: Business or Commercial Law | Date: | Hits: 107
Uttara Bank Vs. Macneill and Kilburn Ltd. and others, 1981, 10 CLC (AD)
....r the supplier has performed bit contracted obligation or not; nor with the question whether the supplier is in default or not. The bank must pay according to its guarantee, on demand, if so stipulated, without proof or conditions. The only exception is when there is a clear fraud of...... the result, therefore, this appeal is allowed with costs. The order of the High Court Division is set aside, and the application for temporary injunction rejected. Ed. ..Category: Banking Law | Date: | Hits: 130
Hasan Imam Chowdhury Vs. Govt. of Bangladesh and others, 1981, 10 CLC (AD)
....ion is pregnant with any new issue which requires adjudication in separate proceedings. In this view of the matter, the appeal is dismissed without any order as to costs. Ed. ......at such direction is not contemplated by the Constitution. He has referred to a decision of the Supreme Court of Pakistan reported in PLD 1970 SC 495. In that decision a question of salary for the period of dismissal was considered and it was held that when dismissal of a Government servant..Category: Employment/Service Law | Date: | Hits: 101
Amanullah Bhuiyan and others Vs. Abdul Hafiz and ors, 1981, 10 CLC (AD)
....m the date the decree is drawn and signed or it becomes executable. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 1981 BLD (AD) 210. ......Judgment Shahabuddin Ahmed J. - The question raised in this appeal by special leave is whether the period of limitation under Article 182 of the Limitation Act for filing an application for execution..Category: Procedural Law | Date: | Hits: 106
Commissioner of Taxes & another Vs. M/s. Mullick Brothers, 1981, 10 CLC (AD)
....see". vide Clause (b) and (c) but if no agreement can be reached and if the income-tax Authorities have evidence to show that the declarations are false then the return will be rejected. Clause (d) stipulated ''the Assessee will have, however, the right to ask for an administrative review of this ......t which remains outstanding on 15 January, 1970. All the provisions of the Income-tax Act relating to recovery of tax will apply in respect of any tax which remains outstanding after the lapse of a period of 18 month from 15th July, 1969 i.e. after 15th January, 1971. No extension of time for paym..Category: Fiscal/Taxation Law | Date: | Hits: 98
Dr. Nurul Islam Vs. Bangladesh, 1980, 9 CLC (AD)
....osts. The decision of the High Court Division is set aside and the impugned order declared to be of no lawful authority. Ed. This Case is also Reported in: 33 DLR (AD) 201, 1981 BLD (AD) 140. ...... effect from 19.1.71. The Government granted the appellant ad hoc rank and status of Joint Secretary in 1974 and in 1975 he was given the ad-hoc rank and status of Additional Secretary and during the period of 1974-1975 the appellant was the personal physician of the President of Bangladesh. 6..Category: Employment/Service Law | Date: | Hits: 180
Musharraf Hossain Chy Vs. GM, Titas Gas Transmission & Dist. Co. Ltd. & ors., 1981, 10 CLC (AD)
....view of the above observations, the appeal is dismissed, the Judgment and order of the High Court Division is upheld. There will be no order as to costs. Ed. This Case is also Reported in: ......nery Limited (hereinafter referred to as "the Company") on January 17, 1967 in the scale of Tk. 500/- to 1150/- with an increased starting salary of Tk. 9I5/-. Before the completion of probationary period he was promoted to the post of Head of Materials. He was confirmed in the service and he serv..Category: Employment/Service Law | Date: | Hits: 104
Bangladesh Steamer Agents Association Vs. Bangladesh & others, 1981, 10 CLC (AD)
.... any lawful authority. Ed. ...... order in writing direct any such trade organization to rescind, amend or otherwise modify it articles, memorandum rules or bye-laws or to make any rule or byelaw in such manner and within such period as may be specified in the order”. 9. Relying upon the language of thi..Category: Others | Date: | Hits: 110
Khandaker Ehtehshamuddin Ahmed @ Iqbal Vs. Bangladesh and others, 1980, 9 CLC (AD)
....at the order passed by this Division staying execution of the sentence to continue for further ten days from the date of this order. Ed. This Case is also Reported in: 33 DLR (AD) (1981) 154. ......amending or supplementing them hereinafter in this paragraph collectively referred to as the said Proclamations and all Martial Law Regulations Martial Law Orders and all other Laws made during the period between the 15th day of August 1975, and the dale of revocation of the said Proclamation an..Category: Constitutional Law | Date: | Hits: 292
S.Z.M. Nurul Huq Vs. State, 1981, 10 CLC (AD)
....that an order passed by the reviewing authority is not revisable under section 439 of the Code of Criminal Procedure. In the result both the appeals fail and the same are dismissed. Ed. ......n M.R. (Review) case No. 42 of i978 parsed by the Martial Law Court with the modification that in default of payment of fine the appellant shall suffer rigorous imprisonment for a further period of 3 years; and the Sessions Judge, Dacca also confirmed the conviction and sentence awarded..Category: Criminal Law | Date: | Hits: 62
Nani Gopal Saha Vs. Jatindra Lal Chowdhury and others, 1981, 10 CLC (AD)
....s an order in excess of its power as provided under Articles 3 and 7 of the President's Order No. 13 of 1972. In the result, the appeal fails and it is dismissed with costs, Ed. ......st the Additional District Judges and Senior Subordinate Judges and members to be nominated from amongst other Subordinate Judges and Munsifs. A Chairman or a member shall hold office for such period as the District Judge may determine. Clauses (1), (2), (3), (4) and (5) of article 7 c..Category: Constitutional Law | Date: | Hits: 153
Binode Behari Saha Vs. Nitya Gopal Shaha, 1980, 9 CLC (AD)
....ection (1) of section 17 of the Provincial Small Cause Courts Act. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 33 DLR (AD) 131. ......raised in this appeal for our consideration: whether the application for setting aside the ex parte decree passed by the Small Cause Court filed within time but the security bond furnished beyond the period of limitation, it will be deemed as due compliance of the proviso to sub-section (1) of secti..Category: Procedural Law | Date: | Hits: 147
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. ......the first part of sub-section (1). Similarly, all the contiguous land owners are to be made parties in the application failing under the second part of sub-section (1), sub-section (4) provides the period of limitation for the remaining co-sharer tenant or the tenants holding land contiguous to t..Category: Property Law | Date: | Hits: 73
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