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Commissioner of Taxes, Dhaka (South) Zone, Dhaka Vs. Ujala Match Factory, 2002, 31 CLC (AD)
.... The appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 23. ...... The appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 23. ...... Commissioner of Taxes, Dhaka (South) Zone, Dhaka..…….. Appellant Vs. Ujala Match Factory………………………………...... The appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 23. ..Category: Fiscal/Taxation Law | Date: | Hits: 66
S. M. Iqbal Hossain Vs. Managing Director, I F I C Bank Ltd., 2006, 35 CLC (AD)
....k. 100/- and that the mistake was inadvertent and was detected later and subsequently the beneficiary of the pay order deposited the entire amount of Tk.1,00,000/- and thus the bank was saved from financial loss but the bank initiated disciplinary proceeding against him and an inquiry committee ......n that he had abetted in defrauding and causing loss to the bank of an amount of Tk.58,00,698.30 by opening letters of credit in favour of two fictitious firms at 15% margin in excess of his powers and by obtaining approval of the Principal office fraudulently and on the aforesaid charge h...... Division (Civil) Present: M. M. Ruhul Amin J Amirul Kabir Chowdhury J S. M. Iqbal Hossain................. Petitioner Vs. Managing Director, International Finance Investment and Commerce (IFIC) Bank Ltd. Head Office, Bangladesh Shilpa ......that the High Court Division took a correct view in the matter and as such the impugned judgment does not call for our interference. The petition is, therefore, dismissed. Ed. ..Category: Employment/Service Law | Date: | Hits: 78
Md. Marfat Ali Miah Vs. Sree Jagadish Chandra Sheel and others, 2006, 35 CLC (AD)
..... The Other Class Suit No. 82 of 1991 is restored to its file and number. The trial Court is directed to dispose of the suit expeditiously. There is no order as to costs. Ed. ......f the Revenue authority was challenged by the auction purchaser by filing writ petition. The High Court Division on consideration of different provisions of the PDR Act observed "Although the power conferred upon the revisional authorities mentioned therein under section 53 of the Act is in......uisition of Immovable Property Ordinance, 1982 (II of 1982), Section 44 The Acquisition proceeding being completed long before and finalised and published in the Gazette on 24-12-87, it is too late for the Plaintiff to claim the relief sought for by him in the suit filed in 1997 on the b....... The Other Class Suit No. 82 of 1991 is restored to its file and number. The trial Court is directed to dispose of the suit expeditiously. There is no order as to costs. Ed. ..Category: Civil Law | Date: | Hits: 77
Government of the People’s Republic of Bangladesh Vs. Abdur Rahman and others, 2006, 35 CLC (AD)
....itration Appellate Tribunal. In view of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with cost to be paid by the appellant No. 1. Ed....... the case proper i.e. it was not the law that Arbitrator could only make award to the extent of 10% over the amount awarded by the Deputy Commissioner. The provision of law putting the embargo on the power of the Arbitrator to award amount not exceeding 10% on the award already made by the Deputy Co......4), Section 31 A person, whose land was acquired and the Deputy Commissioner awarded compensation for the said acquired land files a revision award case. That itself can sufficiently be considered to indicate that the affected person did not accept the award made by the Deputy Commissioner as cor......itration Appellate Tribunal. In view of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with cost to be paid by the appellant No. 1. Ed...Category: Property Law | Date: | Hits: 58
Government of Bangladesh and others Vs. A.K.M. Fazlul Haque, 2006, 35 CLC (AD)
....mentioned in the charge. And as such the Administrative Tribunal set aside the order imposing penalty upon the respondent and directed the authority to reinstate the respondent in service with all financial benefits. The authority preferred no appeal against the said judgment and order dated 15.......ng filed the joining report on 12.5.1996 and another on 8.6.1997, but by order dated 16.6.1997 the delinquent officer was again suspended from the date of dismissal i.e., 07.12.1993 in exercise of power under rule 11(3) of the Rules, 1985 whereupon the cited decision held that: "...... Zane Alam Khan vs. Abdul Hamid Chowdhury, 3 BLC (AD) 55; A.B.M. Abdul Baqi vs. Government of Bangladesh, 4 BLC (AD) 213. Lawyers Involved: Abdur Razaque Khan, Additional Attorney General, (Faisal H. Khan, Assistant Attorney General with him), instructed by Md. Ahsanullah......stance in the appeal in order to interfere with the impugned judgment and order of High Court Division. 24. The appeal is, accordingly, dismissed without any order as to cost. Ed. ..Category: Administrative Law | Date: | Hits: 124
A. R. A. Jute Mills Limited Vs. Janata Bank and others, 2006, 35 CLC (AD)
....ent could establish one Adalat for two or more Districts and subsection (3) provides that if no court is established or declared under sub-section (1) and (2) above, for realisation of loan of any financial institution the cases shall have to be filed in the court of the Joint District Judge hav......er-alia, that sub-sections (2) and (3) of section 4 of the Artha Rin Adalat Ain 1990 are ultra vires the Constitution inasmuch as the enactment of the said provisions, by the Parliament, investing powers with the Government, instead of the President of the Republic, regarding appointment and pos......d, Advocate, instructed by Md. Abu Siddique, Advocate-on-Record- For Respondent No. 1 Not represented-For Respondent Nos. 2-6 Civil Petition for Leave to Appeal No.993 Of 2004 (From the judgment and order dated 12.05.2004 passed by the High Co......t the High Court Division correctly decided the matter and as such it does not call for our interference. 24. In view of the discussion made above, the petition is dismissed. Ed. ..Category: Banking Law | Date: | Hits: 121
Al-haj Mohammad Seraj-ud-Dowla and others Vs. The Secretary, Ministry of works, 2006, 35 CLC (AD)
....t thereafter Abdul Khaleque Bain started partnership business with plaintiff No. 1 in the said building and thus plaintiff No. 1 came into physical possession of the said holding; that due to financial problem Abdul Khaleque bain proposed to sell the said property to plaintiff No. 1 ......ommitted any error or illegality and no case for interference by this Division has been made out, we find no merit in the petition for leave to appeal. Accordingly, it is dismissed. Ed. ......s Involved: Md. Aftab Hossain, Advocate-on-Record— For the Petitioner. Not represented- For the Respondents. Civil Petition for Leave to Appeal N0. 671 of 2001. (From the judgment and order dated 22nd October, 2000 passed by t......ommitted any error or illegality and no case for interference by this Division has been made out, we find no merit in the petition for leave to appeal. Accordingly, it is dismissed. Ed. ..Category: Property Law | Date: | Hits: 54
Messres MS Jafar Vs. Subordinate Judge, 3rd Court, Dacca & others, 1980, 9 CLC (AD)
....point of view we do not find any substance in this point. This appeal and the petition for special leave are dismissed but we make no order as to costs. Ed. This Case is also Reported in: ......at day, to that effect. The substitution, if any, came by virtue of Bangladesh (Legal Proceedings) (Second) Order, 1972—President's Order No. 69 of 1972, and Article 4(2) of the Order clearly gives power to the Government to ask for abatement of the proceedings, which it has done. This point, ther......re dismissed. Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate, with Jamiruddin Ahmed, Advocate, instructed by S.M. Huq, Advocate-on-Record—For the Appellant. A.W. Bhuiyan, Deputy Attorney-General, insÂtructed by M.S. Khan, Advocate-on-Record. — For the Respondents. Civil Ap......point of view we do not find any substance in this point. This appeal and the petition for special leave are dismissed but we make no order as to costs. Ed. This Case is also Reported in: ..Category: Others | Date: | Hits: 106
Com. of In. Tax, Dacca Zone, Dacca Vs. M/S. Badridas Full-chand, Saidpur, Rangpur, 1981, 10 CLC (AD)
....eal is allowed. The judgment of the High Court Division is hereby set aside and the answer of the question under section 66 (1) must be in the negative. There will be no order as to costs. Ed. ......ng year and "this renewal will be granted as a matter of course". The High Court Division found it difficult to accept the contention that the Income-Tax Officer has been vested with the power to refuse renewal of registration under section 23(4). It noticed two decisions from the Indi......S. Badridas Full-chand, Saidpur, Rangpur... …………………………..Respondent Judgment July 31, 1980. Cases Referred to- Raghunantiait Prasad Monohar Lai vs. Commissioner of Income-Tax, U.P., Lucknow, A.I.R. 1......eal is allowed. The judgment of the High Court Division is hereby set aside and the answer of the question under section 66 (1) must be in the negative. There will be no order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 76
Udaypur Halima Darul Ulum Madrasha and others Vs. Bangladesh, 1981, 10 CLC (AD)
....ust succeed. Therefore, the appeal is allowed and the order of the High Court Division is set aside. Let the Government proceed in accordance with law. We make no order as to costs. Ed. ......;cational institution. namely, Udaypur Halima Darul Ulum Madrasha The respondent No. 2 granted licence to the appellant for one year with effect from 1st Baishak, 1379 B.S. in exercise of the power conferred under clause (iii) of the proviso to subsection (3) of section 2 of the East P...... Syed Ishtiaq Ahmed, Senior Advocate (N. H. Khondaker, Advocate with him), instructed by Md. Sajjadul Huq, Advocate-on-Record.—For the Appellant. Md. Moksudur Rahman, Deputy Attorney General, instructed by B. Hossain. Advocate on-Record.—For the Respondent. Civi......ust succeed. Therefore, the appeal is allowed and the order of the High Court Division is set aside. Let the Government proceed in accordance with law. We make no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 93
....be determined by the Central Board of Revenue or by such authority as the Board may authorise in this behalf; or
(c) where a business, profession or voÂcation has been newly set up in the financial year preceding the year for which assessment is to be made, the period from the date o......od at the instance of the assessee. BeÂcause, the language of the proviso to sub-clause (ii) of clause (a) of sub-section (11) of section 2 does not confer upon the InÂcome-tax Officer unrestricted powers for mating accumulative assessment for a period extending twelve months of his own Thus, ther...... answered in the negative. We make no order as to costs.
Ed.
......ates to the income for the period 1365 B.S. suffers from want of jurisdiction. In the result, the appeal is allowed and the question is answered in the negative. We make no order as to costs.
Ed.
..
Category: Fiscal/Taxation Law | Date: | Hits: 78
Siddique Ahmed Chowdhury & others Vs. Gani Ahmed and others, 1979, 8 CLC (AD)
....is is a question of fact and hardly arises in this appeal by speÂcial leave. For the foregoing reason, we dismiss the appeal with costs. Ed. This Case is also Reported in: 33 DLR (AD) 1. ......egard to the lands she inherited from her husband and sought help of defenÂdant 3, a relation of her husband's brother Biraj Mondal. Defendant 3 persuaded the plaintiff to execute a Khamata Patra or power of attorney, but by practicing fraud upon her got a patta, and the document was not read over ......in Lady Special rule of onus of proof will apply in a suit where the executants herself is either the Plaintiff or the Defendant of the suit, being a pardanashin lady. The rule cannot be extended to any other person other than the transferor or the executants, who is herself a pardanashin ladyâ€......is is a question of fact and hardly arises in this appeal by speÂcial leave. For the foregoing reason, we dismiss the appeal with costs. Ed. This Case is also Reported in: 33 DLR (AD) 1. ..Category: Property Law | Date: | Hits: 53
Abdul Jabbar Khan @ Jabbar Khan & ors Vs. State and another, 1980, 9 CLC (AD)
....oned in the original comÂplaint petition and sent up for trial by the police and he will be guided by the principles enunciated above. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 247 ......ng a police case and since the police did not submit charge-sheet, he is not authorized by law to take cognizance agaÂinst these appellants………………(10) The Magistrate has been given the power for using discretion whether to proceed by way of issuÂing processes or not by the Court…â€......f the complaint is in writing the examinÂation of the complainant will be done by the transferee Magistrate but if he has already examined the complainant, the transferee MaÂgistrate is not bound to re-examine the comÂplainant…………(3) The trying Magistrate in the instant case wholly e......oned in the original comÂplaint petition and sent up for trial by the police and he will be guided by the principles enunciated above. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 247 ..Category: Criminal Law | Date: | Hits: 60
Bangladesh Vs. Hail Abdul Gani Biswas and others, 1980, 9 CLC (AD)
....ion of the High Court Division set aside and remitted back to the High Court Division for disposal. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 233 ...... so authoÂrised shall pass an order directing the mortgagee to restore possession of the mortgaged land to the applicant and to deliver up to the applicant all docuÂments in his possession or power relating to the mortgaged land by such date as may fixed in the order. (5) If the m...... challenged on the ground of ultra-virus. Any transfer of the holding or a part thereof by an out and out sale with an agreement of re-conveyance on valuable consideration with delivery of possession to the transferee shall notwithstanding anything contained in the document of transfer shall constit......ion of the High Court Division set aside and remitted back to the High Court Division for disposal. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 233 ..Category: Property Law | Date: | Hits: 85
M/s. Hossain Ahmed Vs. M/s. H. D Hossain & Brothers, 1980, 9 CLC (AD)
.... allÂowed with cost and the order of the High Court Division in staying the operation of the order of the District Judge is set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 223 ......t all. It was held that this was illegal and the District Magistrate was directed by a writ of mandamus for re-tendering. The Court granted writ because the prescribed procedure for the exercise of power was not followed and therefore the action was ultra vires. In the case of K N. Guruswami Vs. S...... ...... allÂowed with cost and the order of the High Court Division in staying the operation of the order of the District Judge is set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 223 ..Category: Others | Date: | Hits: 94
Sayed Ali Vs. Sree Gopal Chandra Das and others, 1980, 9 CLC (AD)
....ithout any order as to costs and remit the case to the Court of first instance to dispose of the matter in accordance with law. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 212. ......), Section 144 The Small Causes Act, 1887 (IX of 1887), Section 33 No separate execution proceeding is reqÂuired to enforce the order made under section 144 of the Code of Civil Procedure. The power conferred to the Court of first instance under section 144 of the Code is available to a Court...... Judgment March 11, 1980. The Code of Civil Procedure, 1908 (Act V of 1908), Section 144 The Small Causes Act, 1887 (IX of 1887), Section 33 No separate execution proceeding is reqÂuired to enforce the order made under section 144 of the Code of Civil Procedure. The power conferred to t......ithout any order as to costs and remit the case to the Court of first instance to dispose of the matter in accordance with law. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 212. ..Category: Procedural Law | Date: | Hits: 96
Abu Taleb Mridha Vs. State, 1980, 9 CLC (AD)
....se and the Court has quashed the proceedings on merit as against that accused. In the result, therefore, this appeal is disÂmissed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 209 ...... "Provided that if, in the course of a trial before a Special Magistrate, the offence appears to him to warrant a presumption that the case is one which calls for higher penalty than he is emÂpowered to award, he shall stay the proÂceedings and submit the case with a brief report, explain...... Offences and only in cases of offence under Article 2(4) (f) and the offences committed in the connection with offences shall be triable exclusively by Special Tribunal………..(6) Case Referred to Anwar Ahmed Vs. State in Criminal Appeal Nos. 29 and 30 of 1977. Lawyers Involved: Rafiq......se and the Court has quashed the proceedings on merit as against that accused. In the result, therefore, this appeal is disÂmissed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 209 ..Category: Criminal Law | Date: | Hits: 57
Abdur Rashid Vs. Secretary, Ministry of Cabinet Affairs, EstaÂblishment Div & ors, 1980, 9 CLC (AD)
....orfeiture of property may only be recommended in case the Board is satisfied that the charge of corruption or collaboration has been proved. (ii) Dismissal from service with, or with out any financial retirement benefits, and (iii) Discharge or compulsory retirement with or without fin...... awarding either lesser or enhanced puÂnishment as provided in this Order." 8. The statute gives the authority to the appointing authority, in a proper case, to award higher punishment. This power is to 'be exercised by the authority on consideration of the materials collected by the Screen......……………………..Appellant. Vs. Secretary, Ministry of Cabinet Affairs, EstaÂblishment Division & ors...........Respondents Judgment Jan 7, 1980. Awarding Higher Punishment to Delinquent Government Servant than prescribed in the inquiry proceeding. It is for the appoint......ere will be no order as to costs. Order of the Court By Majority view the appeal is dismissed but without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 201 ..Category: Employment/Service Law | Date: | Hits: 70
Bangladesh and ors Vs. Somboon Asavaham, 1980, 9 CLC (AD)
....e foregoing reasons, the appeals are allowed with costs. The order of the High Court Division is set aside and the writs are re-called. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 194 ......fied area for the security of the Republic. Sub-section (7) prohibits of passage of foreign warship through territorial waters except with the previous permission of the Government. Sub-section (8) empowers the Government to take measures for prevention of unauthorised passage of foreign ships or wa...... Lee Mongkolnimite...............Respondent (in C. A. 83 of 1979) Thai Ware Industry...............Respondent (in C.A. 84 of 1979) Judgment Dec 4. 1979. Lawyers Involved: K. A. Bakr, Attorney-General with Sultan Ahmed, Deputy Attorney-General, and A. W. Bhuiyan, Asstt. Attorney......e foregoing reasons, the appeals are allowed with costs. The order of the High Court Division is set aside and the writs are re-called. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 194 ..Category: Admiralty Law or Maritime Law | Date: | Hits: 246
Afzal Khan Vs. Election Tribunal and Munsif. 3rd Court, Comilla and other , 1980, 9 CLC (AD)
.... purpose of doing complete justice in the matter. In the result, therefore, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 186 ...... the recounting became a necessary part of the case itself which has been brought on the basis of certain allegations of corrupt and illegal practices. ..…………(13) Only the Tribunal has got power to reopen the ballot boxes and recount the ballot papers provided sufficient foundation has be......ecounting became a necessary part of the case itself which has been brought on the basis of certain allegations of corrupt and illegal practices. ..…………(13) Only the Tribunal has got power to reopen the ballot boxes and recount the ballot papers provided sufficient foundation has been lai...... purpose of doing complete justice in the matter. In the result, therefore, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 186 ..Category: Election Law | Date: | Hits: 136
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