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....erred to, a number of decisions on the effect; of provisions in a statute which aim at the exclusion of Jurisdiction of the Civil Court, without multiplying the instances from the cases cited by him, particularly when the impugned action has not been proved to have contravened the Ordinance and the ......as an Overseer on June 8, 1962 and his services were placed under the Project Engineer. On August 19, 1967 he was served with an order of suspension. Further he was informed by the same order that an investigation committee consisting of three University teachers had been constituted for ascertainin..
Category: Employment/Service Law | Date: | Hits: 109
Khondker Moshtaque Ahmed Vs. Bangladesh, 1982, 11 CLC (AD)
....ter the arrest of Khandker Moshtaque was mala fide and simultaneous constitution of the Martial Law Court No. VIII with a Chairman from the Armed Forces was "another act of mala fide intention on the part of the Government." It was further argued that the original provision for appeal was completely......w Court and the order of Government on review are set aside, The orders of conviction passed on the appellant ate hereby quashed. Ed. This Case is also Reported in: 34 DLR (AD) (1982) 222. ..Category: Criminal Law | Date: | Hits: 287
Haji Tajamal Ali being dead his heirs: Kamarunnesa & ors. Vs. Abdus Sattar & ors, 1982, 11 CLC (AD)
....iguous to two of the seven plots, but nevertheless he was held to be owning a land contiguous to the entire land transferred and he was allowed pre-emption of the whole of the laud since partial pre-emption was not permissible in this case where the consideration of the land was n......iguity" within the meaning of section 9 of the State Acquisition and Tenancy Act. 8. In the result, the appeal is dismissed without, however, any order as to cost. Ed. ..Category: Property Law | Date: | Hits: 66
Bangladesh Vs. Hon'ble Judge, Prize Court, HCD, Supreme Court Building, Dacca, 1982, 11 CLC (AD)
....hall, without previous consultation with the Ministry of Finance, any order not covered by the approved budget, which will affect directly or indirectly the names of the Republic, which In particular involve— (ii) relinquishment, remission or assignment of revenue,......e learned Attorney-General are found unacceptable, not because it lack reasons but such reason has no support in law. The appeal is dismissed. No order as to costs. Ed. ..Category: Others | Date: | Hits: 116
Bangladesh & others Vs. A. K. M. Zahangir Hossain, 1981, 10 CLC (AD)
....debarred from invoking the remedial benefit of writ jurisdiction under Article 102 of the Constitution, but the statutory rules governing his service conditions will be available to him for getting departmental redress. 12. I now turn to Article 135 of the Constitution. This Article is very impo......It is so even where there has been serious and complete failure to adhere to important and fundamental rules, as for instance in the case of a person who has been dismissed from service without any investigation into the charge as per Rule 14 under section 96-B. The remedy of the person aggrieved ..Category: Constitutional Law | Date: | Hits: 188
Jamil Huq and 11 others Vs. Bangladesh and others, 1981, 10 CLC (AD)
....inciples of State Policy, which, amongst others, contains in Article 22, a provision, saying that the State shall ensure the separation of Judiciary from the executive organs of the State. 4. Apart from the aforesaid provision, the Constitution in Article 7 provides, amongst others, that the ......we refer to Article 108 we find that it says, the Supreme Court shall be a Court of Record, and shall have all the powers of such a Court including the power, subject to law, to make an order for the investigation of or punishment for any contempt of itself. 5. A combined reading of the provisio..Category: Constitutional Law | Date: | Hits: 327
Al-Sayar Navigation Co. Vs. Delta International Traders Ltd. and ors., 1982, 11 CLC (AD)
....was running out. The import license had to be used by 31st December, 1977. At last he found the defendant No.3 agreeable to supply salt of North Yemen origin. The contract was concluded between the parties and it was agreed that the defendant would supply 9000 metric tons of salt "white, clean, dr......plaintiff is assessed at Tk. 7,36,040/- and the decree is passed accordingly. Civil Appeal No. 38 of 1981 is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: ..Category: Admiralty Law or Maritime Law | Date: | Hits: 264
Md. Deser Ali Vs. Bangladesh and ors., 1982, 11 CLC (AD)
....a and two-storied building with shop in the ground floor of one of the buildings. The appellant claimed that the properties being situated outside the hat and bazar could not be treated as part of the same and taken over by the Government. Since his purchase from one Har......ated on the ground floor of one of the buildings, the said property being outside the hat and bazar has been made without any lawful authority and as of no legal effect. Ed. ..Category: Property Law | Date: | Hits: 61
Commissioner of Taxes, Ctg Zone, Ctg Vs. M/s Free School Street Properties, Ltd, 1982, 11 CLC (AD)
....ion. The Indian Supreme Court considered further that letting out of premises and collection of rents assessment on property basis may be correct but not so where the letting or sub-letting is part of a trading operation. The dividing line is difficult to find. But in the case of the Com...... the activities of the assessee was business or trading. Therefore, rule 8 (9) is applicable. In the result, therefore, this appeal is dismissed without any order as to cost. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 78
Commissioner of Income Tax, Dacca Vs. Adamjee Sons Ltd., 1982, 11 CLC (AD)
....,61,282/- by an order dated 14.6 1968 as against the net sum of Tk. 1,55,93,612/-as shown by the assesses in his return. On appeal the Appellate Assistant Commissioner allowed the appeal in part and deleted the addition made on account of revaluation of the share at market price. The depa......d not separately under section 7(1) of the Wealth Tax Act. There is nothing to interfere. In the result, therefore, this appeal is dismissed without any order as to cost. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 73
Commissioner of Income Tax Vs. Mrs. Masuda Khatun, 1982, 11 CLC (AD)
.... for specified period. Exemption from tax is restricted from the income, profits and gains which arise on the operations of the undertaking. At least 60% of the exempted profits should be set apart in special fund to be utilised for the purpose of expansion and develo......e the exemption illusory. Accordingly, the answer to the question framed must be in the affirmative. The appeals are, therefore, dismissed without any order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 75
Nurjahan Begum, wife of Mahmudur Rahman Vs. Mahmudur Rahman Mullick , 1982, 11 CLC (AD)
....an, she claimed that the property was acquired not by purchase but by exchange. Further case of the defendant is that regarding the Dum Dum Road and Park Street properties there was a suit for partition being Title Suit No. 163 of 1949 of the 5th Court of Subordinate Judge, Alipore, 24-Par-g......not be sustained. In the result the appeal is allowed, judgment and decree of the trial Court and those of the High Court Division are set aside and the suit is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 448
Bengal Water Ways Ltd. and other Vs. Rahimuddin Ahmed and others, 1982, 11 CLC (AD)
....rd —For the Respondent 1. Rafique-ul-Huq, Senior Advocate, with Fazlul Huq, Aminul Huq, Advocates, instructed by Sakhawat Ali, Advocate-on-Record— For the Respondent 2. Ex-parte—Respondent No. 3. Civil appeal No 37 of 1980 (From the Judgment and Ord......private limited Company more or less as a partnership. With these words I concur with the judgment delivered by my learned brother Masud, J. and dismiss the appeal with costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 110
Mrs. H Mansur & ors Vs. Sec. Min. of Pub. Works & Urban Dev., Pub. Works Div, GoB, 1982, 11 CLC (AD)
....Appellants. Abdus Sobhan, Additional Attorney-General, with Motiur Rahman, Asstt. Attorney-General, instructed by A. W. Mallick, Advocate-on-Record— For the Respondents 1-2. Ex-parte.—Respondent 3. Civil Appeal No. 3 of 1981. (From the Judgment and Order ......ed with costs. The order of the High Court Division is set aside, and the impugned order of cancellation of the lease deed declared to have been passed without any lawful authority. Ed. ..Category: Property Law | Date: | Hits: 53
Assessing Officer, Narayangonj Range and others Vs. Burmah Eastern Ltd., 1981, 10 CLC (AD)
....he respondent was asked to' submit return for the omitted portion of the holding—with dimension, date of construction and measurement of capacity. The respondent accordingly submitted the requisite particulars and subsequently being asked for, respondent furnished more particulars. Thereafter Taxa......at the High Court Division has rightly held that the Writ Petition was maintainable. For the aforesaid reasons this appeal is dismissed but without cost. Ed. This Case is also Reported in:..Category: Fiscal/Taxation Law | Date: | Hits: 76
Zahirul Huq Vs. Ejamul Huq and others, 1982, 11 CLC (AD)
....Division has also taken the stand not on the cessation of tenancy earlier to the Presidential Order came into operation, but by the fact of Abandoned Property Authority dispossessing the tenant. That part of their assertion may be quoted: "it is further stated that the petitioner (respondents) admit......rom the due process of law. With this observation this appeal is allowed without any order as to costs, the order of the High Court Division is set aside and the writ petition dismissed. Ed. ..Category: Tenancy Law | Date: | Hits: 93
Sonali Bank Vs. Abdul Mannan and others, 1981, 10 CLC (AD)
....ord—For the Appellant. Md. Nurul Huq, Advocate-on-Record—For the Respondent No. 1. A. Salek, Advocate, instructed by A. W. Mallick, Advocate-on-Record—For the Respondent No. 2. Ex-parte—Respondent No. 3. Civil Appeal No. 117 of 1980. (From the judgment and order dated 5......ecame a debtor. The High Court Division has rightly issued the writ. In the result, therefore, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: ..Category: Banking Law | Date: | Hits: 129
Shamsul Alam Vs. Superintendent of Police, Bangladesh Railway and other, 1981, 10 CLC (AD)
....ting period without any other fact or circumstances does not confer on the person so officiating any substantive right. In this view of the matter this petition is dismissed. Ed. ......ting period without any other fact or circumstances does not confer on the person so officiating any substantive right. In this view of the matter this petition is dismissed. Ed. ..Category: Employment/Service Law | Date: | Hits: 83
James Finlay and Co. Ltd. Vs. Chairman, Second Labour Court, Dacca and another, 1981, 10 CLC (AD)
....Nos. 26 and 27 of 1978) T.H. Khan, Senior Advocate, with Dr.Zahir, Advocate, instructed by S. M. Huq, Advocate-on-Record.— For the Appellant (in C.A. Nos. 46 and 47 of 1978). Ex-parte.—Respondent No. 1 (in C.A. Nos. 26 and 27 of 1978) Ex-parte.—Respondent N......tion 25 of the Act and Civil Appeal Nos. 46 and 47 of 1978 are "disposed of accordingly and will abide by the decisions of the Labour Court. There will be no order as to costs. Ed. ..Category: Labour and Industrial Law | Date: | Hits: 91
Profulla Kumar Chakraborty Vs. Anil Proshad Chowdhury and others, 1981, 10 CLC (AD)
....case of waiver or acquiescence or such supervening facts and circumstances as to make the compliance with the enactment beyond the control of the tenant. However, it will depend on the facts of a particular case to see whether there has been default in payment of rent in terms of the statute, bu......f default as set out in Ramjan Ali's case. Looked at from any standpoint, the defence of the tenant appellant does not stand. For the reasons stated above the appeal is dismissed with cost. Ed. ..Category: Tenancy Law | Date: | Hits: 116
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