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Commissioner of TaxÂes, Dhaka (West) Zone, Dhaka Vs. Shahabuddin Ahmed, 1989, 18 CLC (AD)
....ereas section 60 of the Income Tax Act is a statuÂtory law and as such no notification under such law can control the sub-constitutional legislation. SecÂtion 60 reads as: — "60. (1) The (Government) may, by notiÂfication in the (official Gazette), make an exemption, reduction in rate......ed and the decisions of the courts below are afÂfirmed though not necessary on the same reasonings. There is no order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 162. ..Category: Fiscal/Taxation Law | Date: | Hits: 111
Government of Bangladesh & ors. Vs. Md. Hasan Shahid & ors., 2006, 35 CLC (AD)
....ths. Ed. ......intain status-quo in respect of appointment till disposal of the appeals. The petitioners are directed to make the appeals ready for expeditious hearing within 6 (six) months. Ed. ..Category: Employment/Service Law | Date: | Hits: 56
Divisional Forest Officer, Dhaka Forest Division Vs. Zahid Maleque and another, 2005, 34 CLC (AD)
....4 of 2004.) Judgement: Amirul Kabir Chowdhury J. - Divisional forest Officer, Dhaka and three other Officers of the Government seek leave to appeal against the judgment and order dated 13.12.2004 passed by the High ......fore, granted to consider the same. Preparation of paper book is dispensed with prayed for. The parties are directed to maintain status-quo till disposal of the appeal. Ed. ..Category: Property Law | Date: | Hits: 48
Md. Sarwar Vs. Bangladesh, 2005, 34 CLC (AD)
.... Rule. 2. The facts, in short, are that the petitioner along with two others filed writ petition No.2709 of 2003 stating, inter alia, that by gazette notification dated 7th October 1995 the Government appointed 75 Assistant Superintendents of Police under 15th BCS examination and by anoth...... the opinion that the High Court Division took a correct view and as such the impugned judgment does not call for any interference. The leave petition is, therefore, dismissed. Ed. ..Category: Employment/Service Law | Date: | Hits: 80
Mosharraf Hossain Chowdhury and other Vs. Md. Jahurul Islam Chowdhury & ors, 2006, 35 CLC (AD)
....ation money by Tofazzal for the transaction evidenced by Ext.1 and possession of the land of Ext.1 by Tofazzal Hossain and after him his heirs and payment of rent to the Zamindar as well as to the Government by Tofazzal Hossain and his heirs and failure on the part of the defendants to prove tha......is directed to handover the property of schedule 'Kha' and 'Ga' to the appellants i.e. the contesting defendants. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 133; ..Category: Property Law | Date: | Hits: 67
Alhaj Sona Ullah Vs. Aminur Rahman, Sec, Min. of Work, BD Secretariat, DHK & ors., 2005, 34 CLC (AD)
....ted 14.01.2002 made the Rule absolute with the observations from the submission of the learned Assistant Attorney General, it is clear that so for no Gazette Notification has been published by the Government and as such the government should take immediate appropriate steps in this regard. ......sed on correct interpretation of law and we do not find any cogent reason to interfere with the judgment of the High Court Division. Accordingly the petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 33
Fazlul Kader Chowdhury Vs. Cyma Zarrar and another, 2006, 35 CLC (AD)
....-in-law of Cyma Zarrar, Cyma Zarrar herself and Fazlul Kader Chowdhury the second party petitioner jointly instituted Title Suit No. 291 of 1995 for injunction against Arab Bangladesh Bank and the Government. In another suit, being Title Suit No. 88 of 1998 at the instance of the first party res......Leave is granted to consider the same. Preparation of paper book is dispensed with as prayed for. The petitioner is directed to make the appeal ready for expeditious hearing. Ed. ..Category: Procedural Law | Date: | Hits: 154
Shabbir Ahmed Chowdhury Vs. State, 2006, 35 CLC (AD)
....find any legal grounds of quash the proceeding and as such the impugned order does not suffer from any error. The petition is found to be without any substance and is thus dismissed. Ed. ......find any legal grounds of quash the proceeding and as such the impugned order does not suffer from any error. The petition is found to be without any substance and is thus dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 57
Abdul Wahed Vs. Arun Kumar Ganguly & others, 1999, 28 CLC (AD)
....nted to consider whether the learned Single Judge of the High Court Division erred in law in setting aside the orders dated 21 October 1979 and 22 may 1982 upon a misconception that paragraph 8 of Government Memo. No.21-77/70/223 R-L dated 2 August 1972 has no application in respect of settleme...... and 22.5.82 are not legal and proper. The learned Single Judge having correctly decided the case the same calls for no interference. Accordingly, the appeal is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 35
Bangladesh Vs. Mst. Saleha Khatun and others, 2006, 35 CLC (AD)
....merit in the appeal. Accordingly the appeal is allowed with costs at all stages. Ed. ...... Evidence Act is not available to the same. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed with costs at all stages. Ed. ..Category: Property Law | Date: | Hits: 42
BRDB and others Vs. Md. Idris Ali Akond and others, 1998, 27 CLC (AD)
....pondent is to be guided the authority concerned in total disregard of the same not only put him under suspension but also removed him from service by the impugned order dated 11.8.84 under the Government Rules by which he is not to be guided; that the departmental charge of misappropri......fication for making an order of remand as prayed for which will be a ceremony too idle to be permitted. In the result, the appeal is allowed without any order as to cost. Ed. ..Category: Employment/Service Law | Date: | Hits: 73
Wega Fashion Sweater (PVT.) Ltd. Vs. Syed Sajeda Hossain & others, 2006, 35 CLC (AD)
....………………………Appellant Vs. Director Adjutand of Ansar & V.D.P. havÂing its office at Tikatuly & others ……………………Respondent (Civil Appeal No. 63 of 2004) Government of Bangladesh, represented by the secretary, Ministry of land and others……………â€......No. 5350 of 2000. All the three appeals, viz C.A. Nos. 62-64 of 2004 are allowed without any order as to costs. Ed. This Case is also Reported in: 26 BLD (AD) (2006) 187; III ADC (2006) 763. ..Category: Property Law | Date: | Hits: 91
Bangladesh Shipping Corporation & others Vs. Mohammad Hossain & others, 2006, 35 CLC (AD)
.... others ..............................Respondents Judgment July 18, 2006 Case Referred to- Muhammad Aboo Abdullah Vs. Province of East Pakistan and the Chief Secretary, Government of Pakistan, PLD 1960 (SC) 164. Lawyers Involved: Mahmudul Islam, Senior A...... committed error of law in making the Rule absolute and as such judgment of High Court Division requires interference. The appeal is accordingly allowed without any order as to cost. Ed. ..Category: Employment/Service Law | Date: | Hits: 91
Md. Akbor Hossain and others Vs. Md. Safiruddin and others, 2005, 34 CLC (AD)
.... No.873 of 1969 under section 143A of the State Acquisition and Tenancy Act and the order passed in Miscellaneous Case No. 9 of 1972 and the rent receipts showing payment of the rents to the Government are not documents of title, The defendant Nos.1 to 6 then preferred Other Appeal No. 33 ...... are of the view that the High Court Division on correct appreciation of law and facts gave its decision which does not call for any interference. The petitions are dismissed. Ed. ..Category: Property Law | Date: | Hits: 27
Secretary, Ministry of Home Affairs and others Vs. BSEHR, 2004, 33 CLC (AD)
.... organizations formulating and adopting a durable rehabilitation scheme to start with a Pilot Scheme for the purpose of the sex-workers of the country with a sense of security and then the Government should come out with legislation prohibiting prostitution and / or soliciting prostitut......h, calling for any interference by this Court. 17. On the reasons made above, the appeal is liable to be dismissed and hence it is dismissed without any order as to costs. Ed. ..Category: Constitutional Law | Date: | Hits: 150
Abdul Jabbar Vs. Sultan Ahmed and others, 2006, 35 CLC (AD)
....uch suit is pending in the same or any other Court in Bangladesh having jurisdiction to grant the relief claimed, or in any Court beyond the limits of Bangladesh established or continued by the Government and having like jurisdiction, or before the Supreme Court." 16. On peru...... be allowed. 19. The appeal is, therefore, allowed. The impugned judgment and order of the High Court Division is set aside. The parties do bear their respective costs. Ed. ..Category: Procedural Law | Date: | Hits: 105
Md. Morzul Haque Vs. Government of Bangladesh & ors , 1995, 24 CLC (AD)
.... Present: Shahabuddin Ahmed CJ M. H. Rahman A.T.MAfzal J Mustafa Kamal J Latifur Rahman J Md. Morzul Haque .........Appellant Vs. Government of Bangladesh & ors .........Respondents Judgment March 3,1994. ......al remedy and no useful purpose will be served in re-opening a matter which has become stale and rusty. The appeal is therefore dismissed without any order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 112
Chair, BoD, Rajshahi Krishi Unnayan Bank & anr Vs. Md. A Motaleb & ors., 2006, 35 CLC (AD)
....for disposal of the petition are that respondent Nos. 1-22 filed writ Petition No. 6364 of 2004 stating, inter alia, that they are employees of Rajshahi Krishi Unnayan Bank in short RAKUB and that Government adopted Rajshahi Krishi Unnayan Bank Karmachari Chakuri Probidhanmala, 1988 which was pu...... 10. The respondents are liberty to mention the matter fixed for hearing in the chamber. The petitioners are directed to prepare paper book within 6 (six) months. Ed. ..Category: Employment/Service Law | Date: | Hits: 81
Government of Bangladesh Vs. Md.Golam Rahaman Mallick, 1994, 23 CLC (AD)
....preme Court Appellate Division (Civil) Present: Shahabuddin Ahmed CJ M.H. Rahman J A.T.M. Afzal J Mustafa Kamal J Latifur Rahman J Government of Bangladesh .............Appellant Vs Md.Golam Rahaman Mallick ................trative Tribunal is not maintainable as no review was filed as per Rule 23 of the Rules in this case. Hence, on this ground alone I allow the appeal as the case was not maintainable. Ed. ..Category: Criminal Law | Date: | Hits: 33
National Tea Company Ltd. Vs. Deputy Commissioner, Habiganj and ors, 2008, 37 CLC (AD)
....r, Habiganj entered into an agreement on March 19, 1988 and thereof the appellant was granted lease of Chundeecherra Tea Estate for a period of 35 years for the purpose as stated hereinbefore, the Government on July 15, 1978 transferred 12 Tea Estates to the appellant which also includes t......eement dated March 19, 1988 was not legal and the said action was taken without lawful authority. Accordingly, the appeal is allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 43