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NBR, Government of Bangladesh and anr Vs. M/S. Bata Shoe Compa­ny (BD) Ltd., 1990, 19 CLC (AD)

....1990) 195. ......st Secretary (Excise-2), National Board of Revenue. In the result, the appeal is dismissed, but there will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 195. ..

Category: Fiscal/Taxation Law | Date: | Hits: 114

State Vs. Mohammad Khan and others, 1990, 19 CLC (AD)

.... (1990) 192. ......Commissioner, Patuakhali will take him in to custody and the trial Court will report compliance of the order of this Court thereafter. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 192. ..

Category: Criminal Law | Date: | Hits: 117

Bangladesh Vs. Md. Ibrahim Bepari and others, 1989, 18 CLC (AD)

....cial leave granted to the appellants, Bangla­desh and another, to examine the legality and pro­priety of a decree for specific performance of a con­tract for sale of a residential flat in Chandpur Government Housing Estate. The decree was passed by the Munsif, Chandpur, is T.S. No. 74 of 1975; it......ismissed. No order as to costs. Ex parte order passed by this Court on 26.11.87 is vacated in respect of respondent No.1 only. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 184. ..

Category: Property Law | Date: | Hits: 40

Laizu Begum and others Vs. Election Commission and others, 1989, 18 CLC (AD)

....€¦â€¦â€¦.Respondents (In all the appeals) Judgment November 14, 1989. Result: The appeals are dismissed. The Union Parishad (Election) Rules, 1983 Rules 6, 9, 26 & 29 The Local Government (Union Parishads) Ordinance, 1983 (LI of 1983), section 26 Harmonious interpretation ......ated, as has been rightly pointed out by the High Court Division. In the result, the appeals are dismissed. No order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 180...

Category: Election Law | Date: | Hits: 163

Nurul Huq Khan Vs. GM, Sonali Bank, Head Office, Dha­ka, Bangladesh and others, 1989, 18 CLC (AD)

....as deprived of pro­cedural protection which was available to him at the initiation of the proceeding. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 179. ...... 1989. Result: The petition is dismissed. The Sonali Bank (Staff) Service Rules 40 & 42 Disciplinary proceeding The decision of the Board of Directors to remove the petitioner from service amounts to giving approval to the entire- proceeding from the beginning to the end. So, any ..

Category: Employment/Service Law | Date: | Hits: 98

Atiqur Rahman and an­other Vs. State, 1989, 18 CLC (AD)

....e­port, to the police who treated it as the first information report and registered a case on 17 Octo­ber 1983. In due course, the police investigated the case and after obtaining sanction from the Government submitted Charge-sheet against the two appel­lants and one Ratan chandra Sarkar, Assista......ppellants is found to be justified based on cor­rect appreciation of evidence and circumstances of the case. The appeal is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 176. ..

Category: Criminal Law | Date: | Hits: 45

Collector of Customs, Custom House, Chittagong and others Vs. A. Hannan, 1990, 19 CLC (AD)

....ted in the importer inasmuch as the respondent had acted upon assurance that the favourable terms mentioned in the earlier Notification will be applicable to him. He acted upon this assurance and now Government cannot retrace its steps and say that he will have to pay Customs duty at the rate mentio...... the matter the opinion is that the appeal must be dismissed. In the result, this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 167. ..

Category: Fiscal/Taxation Law | Date: | Hits: 153

Commissioner of Tax­es, Dhaka (West) Zone, Dhaka Vs. Shahabuddin Ahmed, 1989, 18 CLC (AD)

....ereas section 60 of the Income Tax Act is a statu­tory law and as such no notification under such law can control the sub-constitutional legislation. Sec­tion 60 reads as: — "60. (1) The (Government) may, by noti­fication in the (official Gazette), make an exemption, reduction in rate.......21 of 1973 was promulgated. President's Order No.21 of 1973, the Supreme Court Judges (Terms and Condition of Service) Order, 1973 dated 22nd March, 1973 provided for the terms and conditions of the service of the Chief Justice and other Judges. It was passed in pursuance of paragraph 3 of the Four..

Category: Fiscal/Taxation Law | Date: | Hits: 111

Government of Bangladesh & ors. Vs. Md. Hasan Shahid & ors., 2006, 35 CLC (AD)

....ths. Ed. ......n in writ petition No. 1186 of 2004 challenging order dated 22.11.2003 (annexure-G to the writ petition) and for a direction to include the writ petitioners in the revenue budget with continuity of service and other attended benefits. 7. The writ petitioner-respondents of writ Petition No..

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......a, that by gazette notification dated 7th October 1995 the Government appointed 75 Assistant Superintendents of Police under 15th BCS examination and by another notification dated 17.08.1998 their services were confirmed with effect from 15.11.1995. 84 departmental Promoters including the writ r..

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. ......sment of compensation under that sec­tion market value shall be the average market value according to disposition of properties of similar description in the vicinity during five years from the service of notice under clause (a) sub-section (4) of this section. Sub-sec­tion 4(a) of Sectio..

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

Monzur Murshed Vs. Humayun Majid, 1995, 24 CLC (AD)

....e facts and it apparently made a mistake of fact in coming to the conclusion that the appellant was a defaulter. The appeal is therefore allowed without any order as to costs. Ed. ...... his title to the appellant being a defaulter before 7-4-82. The trial Court also found that the appellant has been depositing rent regularly in the aforesaid House Rent Case. Therefore inspite of service of notice under section 106 of the Transfer of Property Act the appellant was not a default..

Category: Property Law | Date: | Hits: 33

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

Anowarul Hoque Vs. Mohammad Tafazzal Mondal and others, 2006, 35 CLC (AD)

....k. 1000/- is to be deposited within one month. Preparation of paper book is dispensed with as prayed for. The petitioners are permitted to add addi­tional grounds. Ed. ......The defen­dants, including the minor defendants, filed petition seeking setting aside of the exparte decree contending that not being notified about the filing of the above suit through proper service of summons, they could not appear in the suit and in the above circum­stances the trial..

Category: Property Law | Date: | Hits: 28

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...... 2.The plaintiff respondent brought Title Suit No. 465 of 1984 in the Court of Assistant Judge of the then Savar Upazila for a declara­tion that the order dated 11.8.1984 removing him from service is illegal, void etc. and that he is still in service as Rural Development Officer, Savar U..

Category: Employment/Service Law | Date: | Hits: 73