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Anwarul Huq Khan Vs. Govt. of Bangladesh and others, 1978, 7 CLC (HCD)

....er in rank than the petitioner to hold the enquiry. No order as to costs. Abdul Matin Khan Chowdhury J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 21   ......er in rank than the petitioner to hold the enquiry. No order as to costs. Abdul Matin Khan Chowdhury J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 21   ...... This Case is also Reported in: 31 DLR (HCD) (1979) 21   ......port of this contention he has referred to a decision of this Court in S.M. Saleh vs. Bangladesh" (1975) 27 D.L.R. 328. In that case two engineers under the Ministry of Flood Control and Water Resources were placed under suspension before a proceeding was drawn against them. The order of suspen..

Category: Civil Law, Employment/Service Law | Date: 19 Jul, 1978 | Hits: 1

Monoruddin @ Mona & another Vs. The State, 1978, 7 CLC (HCD)

....lants and direct them to be set at liberty forthwith if not required in connection with any other case. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 282.     ......lants and direct them to be set at liberty forthwith if not required in connection with any other case. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 282.     ......equired in connection with any other case. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 282.     ......l. In its chemical reaction pseudaconitine presents a close analogy with aconitine and on hydrolysis splits up into acetic acid, aeratric acid and pseudaconine. Aconitum chasmanthum is the chief source of the aconite which is known as Bish or Bikh in the market of Calcutta. If yields an alkoloi..

Category: Criminal Law, Procedural Law | Date: 13 Jun, 1978 | Hits: 1

Sultan Ahmed Vs. Election Commission of Bangla¬desh and another, 1978, 7 CLC (HCD)

....eal to the Appellate Division; the prayer for certificate is rejected. Abdul Matin Khan Chowdhury J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 291.   ......eal to the Appellate Division; the prayer for certificate is rejected. Abdul Matin Khan Chowdhury J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 291.   ...... This Case is also Reported in: 30 DLR (HCD) (1978) 291.   ......5.8.75 according to the provisions of the Constitution in the wake of an abrupt change of government J he took over full powers of the Government in a manner not contemplated in the Constitution. The source and basis of his powers and authority was the Proclamation and so long this Proclamation rema..

Category: Constitutional Law, Election Law | Date: 31 May, 1978 | Hits: 3

Commissioner of Income Tax, Chittagong Zone Vs. M/S. Pakistan Tubewell Company, 1978, 7 CLC (HCD)

.... both the business. If same partners having the same set of shares are allowed to carry on different businesses under different deeds of partnership they will be in a position to evade of income tax which is otherwise assessable on their aggregate income. Therefore, the incomes of the two firms......ions are allowed and the rules are made absolute, without, however, any order as to costs. Sultan Hossain Khan J.- I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 104 ......ants  Vs. M/S. Pakistan Tubewell Company……………..Respondent Judgment April 14, 1978. Result: The rules are made absolute by allowing applications. Inter-connection and inter-dependence of the two firms- The incomes of the two fi......ions are allowed and the rules are made absolute, without, however, any order as to costs. Sultan Hossain Khan J.- I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 104 ..

Category: Corporate Law, Fiscal/Taxation Law | Date: 14 Apr, 1978 | Hits: 3

Commissioner of Sales Tax, Chittagong Zone, Chittagong Vs. Amin Jute Mills Limited, Sadarghat Road, Chitta¬gong, 1978, 7 CLC (HCD)

....Tax was charged on this plant by the customs, authorities at the time of its import. Accordingly the Sales Tax Officer issued notice under section 29 of the Sales Tax Act for charging sales tax on the said imported Hydrant Sprinkler plant. 2. The assessee before the Sales Tax Officer,......ayed for certificate to appeal to the Appellate Division which is refused. Abdul Momith Chowdhury J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 226.   ......tion) Present: K.M. Subhan J Abdul Momith Choudhury J Commissioner of Sales Tax, Chittagong Zone, Chittagong................Applicant Vs. Amin Jute Mills Limited, Sadarghat Road, Chitta­gong.......................Respondent Judgment February 17, 1978. ......ayed for certificate to appeal to the Appellate Division which is refused. Abdul Momith Chowdhury J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 226.   ..

Category: Fiscal/Taxation Law | Date: 17 Feb, 1978 | Hits: 2

Commissioner of Income Tax, Chittagong Vs. Consolidated Tea & Lands Co.Ltd, 1978, 7 CLC (HCD)

....Ltd., in 1977 Bangladesh Tax Decisions page 212; Commissioner of Income Tax, Chittagong Zone, Chittagong Vs. M/s. Burmah Eastern Ltd, Strand Road Chittagong, (1976) 28 DLR 295; Commissioner of Income tax, Chittagong Zone, Chittagong Vs. Chittagong Ware House Ltd., 28 DLR at page 98; Commissioner of ......e Appellate Division. The prayer is refused as we do not consider it to be a fit case. Abdul Momith Choudhury J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 224. ...... Present: K.M. Sobhan J Abdul Momith Choudhury J Commissioner of Income Tax, Chittagong……………………Applicant Vs. Consolidated Tea & Lands Co. Ltd..........................Respondents Judgment February 16, 1......e Appellate Division. The prayer is refused as we do not consider it to be a fit case. Abdul Momith Choudhury J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 224. ..

Category: Fiscal/Taxation Law | Date: 16 Feb, 1978 | Hits: 4

Md. Abdur Rasheed Vs.

....tiff is still in service. In the result, the appeal is allowed with costs. Shahabuddin Ahmed J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 231.   ......tiff is still in service. In the result, the appeal is allowed with costs. Shahabuddin Ahmed J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 231.   ......R (SC) 422; University of Dacca Vs. Zakir Ahmed (1964) 16 DLR (SC) 722; Bangladesh Small Industries Corp. Vs. Mahtab Hussain (1977) 29 DLR (SC) 41; A.B.M. Habibur Rahman Vs. Director of Technical Education (19.69) 21 DLR (Dac) 274; Federation of Pakistan V. Raja Md. Afzal Khan (1959) 11 DLR (SC) 45.......ether the police verification was included in the terms of contract or not. An employer is entitled to be satisfied as to the antecedents of an intending employee and may collect information from any source or cause any enquiry in that regard. The process of verifying antecedents of an employee cann..

Category: Constitutional Law, Employment/Service Law | Date: 2 Dec, 1977 | Hits: 2

Burmah Eastern Limited Vs. Assessing Officer, Narayanganj Range and others, 1977, 6 CLC (HCD)

....fording any opportunity to the petitioner; and that the impugned demand notice issued was demanding Tk. 80,165/- with retrospective effect for the years for which assessment had already been made and tax paid. Thereafter, the petitioner received the impugned notice from the respondent No. 2 demandin......led to costs which is assessed at 20 gold mohars. A.T.M. Afzal J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 86.         ....... ......................................Petitioner Vs. Assessing Officer, Narayanganj Range and others..........Respondents Judgment September 1, 1977. Result: The application is allowed and the rule Nisi made is absolute. Lawyers Involved: Altaf Hossain with ......led to costs which is assessed at 20 gold mohars. A.T.M. Afzal J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 86.         ..

Category: Corporate Law | Date: 1 Sep, 1977 | Hits: 4

Begum Sayada Murguba Khatoon Vs. Dewan Shahifur Reza Chowdhury & another, 1977, 6 CLC (HCD)

....st be legally recoverable from the plaintiff. The sum claimed as set-off which is; barred by limitation or barred under some other law cannot be deemed- to be legally recoverable. The payment of taxes and other dues to the local, authorities, are legally recoverable-and can be claimed as set of...... take such measures himself and to deduct the cost thereof, which shall in no case exceed the amount so specified, from the rent or otherwise recover it from the landlord. Provided that the amount so deducted or recoverable in any year shall not exceed one sixth of the rent payable by the tenant for......30 DLR (HCD) (1978) 179.     ......The Court below, as prayed for by the parties. Send down the records of the S. C. C. Suit at once. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 179.     ..

Category: Procedural Law, Tenancy Law | Date: 29 Aug, 1977 | Hits: 1

Ayaz Bahdaur Khan & others Vs. Abdus Sobhan & others, 1977, 6 CLC (HCD)

....e made absolute. The suit is dismissed on context with costs. M.H. Rahman J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 15.       ......e made absolute. The suit is dismissed on context with costs. M.H. Rahman J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 15.       ......s. M.H. Rahman J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 15.       ......ff to defendant No.1 in his office at Dacca on 8.7.72 against another plain paper receipt. Defendant No. 1, who had already sent his family to London, sold away his restaurant at Chittagong, the main source of his livelihood and made all preparation for leaving the country in order to join his famil..

Category: Contract Law, Property Law | Date: 18 Aug, 1977 | Hits: 10

Md. Ajmal Khan Vs. Chairman, Ctg. Pourashava and others, 1977, 6 CLC (HCD)

....der or orders passed as to this court may seem fit and proper. If any authority is needed the case of State of Madhya Pradesh vs. Bhailal Bhai. AIR 1964 (SC) 1006 may be cited where the imposition of tax was found invalid and the assessment of tax under the notification in question was declared inva......s rule is made absolute with cost which is assessed at 30 gold mohors. Abdul Matin Khan Chowdhury J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 316.   ......Case is also Reported in: 30 DLR (HCD) (1978) 316.   ......s rule is made absolute with cost which is assessed at 30 gold mohors. Abdul Matin Khan Chowdhury J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 316.   ..

Category: Administrative Law | Date: 17 Aug, 1977 | Hits: 5

Mrs. Anwara Begum, Md. Abdu Gafur, Anwar Mollah Vs. Govt. of Bangladesh and 2 others, 1977, 6 CLC (HCD)

....beyond the province of the Court to say anything further in the matter. Abdul Matin Khan Chowdhury J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978)131.   ......beyond the province of the Court to say anything further in the matter. Abdul Matin Khan Chowdhury J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978)131.   ......s Case is also Reported in: 30 DLR (HCD) (1978)131.   ......tention is available no doubt but since Government in an organized society exists for the welfare the people, sympathy, consideration and understanding should emanate for it. Because not only it is a source of all power but fountain of mercy also flows from it. In the result therefore the opinion is..

Category: Criminal Law | Date: 11 Aug, 1977 | Hits: 4

Abdus Saleque Vs. Secretary, Establishment Di¬vision, Government of the People's Republic of Bangladesh and others, 1977, 6 CLC (HCD)

....de absolute without any order as to costs. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 295       ......de absolute without any order as to costs. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 295       ......n: 31 DLR (HCD) (1979) 295       ......s Rs. 2,73,415.00 and the net income was 84,986.98 Therefore, the excess assets of Rs. 1,88,428.02 was the subject matter and the 1st Screening Board noticed that it was disproportionate to the known source of income of the petitioner. The petitioner filed his reply annexure "C" and explai..

Category: Property Law | Date: 27 Jul, 1977 | Hits: 2

Bangladesh Vs. Abdur Rashid & others, 1977, 6 CLC (HCD)

.... this amount till it is paid. The appeal is allowed in part without any cost. M. H. Rahman J. — I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 119.   ......e. We, accordingly, determine the compensation for these trees and plants at Tk. 1,000/- only as against Tk. 4, 675/- assessed by the L.A. Court: An amount of Tk. 3,765/- assessed in excess should be deducted from the total amount of the compensation. 4. The next and the main contention of Mr. ......t without any cost. M. H. Rahman J. — I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 119.   ...... this amount till it is paid. The appeal is allowed in part without any cost. M. H. Rahman J. — I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 119.   ..

Category: Property Law | Date: 18 Jul, 1977 | Hits: 2

Sreemati Tripti LalaKar Vs. Govt. of the People's Republic of Bangladesh & others, 1977, 6 CLC (HCD)

....d and further he (brother) allowed her to stay in the premises as on the basis of her right but on payment of certain charges namely, Land revenue, Municipal Taxes, necessary repairing cost and other taxes and maintaining expenses. Therefore, from the construction of Exhibit 1 it is clear to as that...... cost and set aside the judgment and decree passed by the Court of appeal below. S.M. Mohsen Ali J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 186.   ......ourt of appeal below. S.M. Mohsen Ali J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 186.   ...... According to this arrangement it is well understood if not expressly stipulated by the guardian of both parties to the marriage that the son-in-law is to receive a suitable maintenance from the same source from which the damsel is to be supported i.e. her father's estate of which she or the son..

Category: Property Law | Date: 8 Jul, 1977 | Hits: 2

M. A. Khalilullah and Abdul Hakim Vs. Government of Bangla¬desh and others, 1977, 6 CLC (HCD)

....fect. Therefore, the Rules are made absolute. We make no order as to costs. M. H. Rahman J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 79.   ......fect. Therefore, the Rules are made absolute. We make no order as to costs. M. H. Rahman J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 79.   ...... Bangla­desh and others.......................Respondents Judgment June 29, 1977. Result: The Rules are made absolute. Lawyers Involved: Amir Hossain Khandker, Advocate—For the Petitioner. M.M. Hague, A.A.G. with QuaziShafiuddin A.A.G.—For the Resp......ed and later on the case was referred to the Screening Board under President's Order No.67 of 1972. Allegations against the government servant was that he had acquired properties beyond the known sources of his income and that he tried to conceal certain facts regarding his assets, in the statem..

Category: Employment/Service Law | Date: 29 Jun, 1977 | Hits: 3

Manager, Sonali Jute Mills Ltd Vs.Secretary, Sonali Jute Mills Workers Union, & others, 1977, 6 CLC (HCD)

....ithout lawful authority and is of no legal effect. We make no order as to costs. Muhammad Habibur Rahman J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 141. ......s not given the consent the additional benefits as was agreed to between the parties earlier could not be available and further informed that the payment which has already been made in excess will be deducted from the workers wages. Thereafter, the workers union had filed a proceedings and also pray......te Mills Workers Union, & others..........Respondents Judgment June 24, 1977. Result: The rule is made absolute. Cases Referred To- Bangladesh Fishermen's Co operative Society Ltd. Vs. The Chairman, Labor Court, Chittagong; Mr. Bashir Ahmed (1975) 27 D.L.R. 367;......ithout lawful authority and is of no legal effect. We make no order as to costs. Muhammad Habibur Rahman J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 141. ..

Category: Labour and Industrial Law | Date: 24 Jun, 1977 | Hits: 3

Shamsuddin Ahmed Vs. Mohd. Hassan and others, 1977, 6 CLC (AD)

....rmissible under the Ordinance. For the reasons stated above, the appeal is allowed. We, however, make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 155. ......ount of Taka. 19,200/- (Taka nineteen thousand two hun­dred) only will be paid in advance by the 2nd party to the 1st party and out of that an amount of Tk. 800/-(Taka eight hundred) only will be deducted every month towards pay­ment of rent and in this way within a period of 24 (twenty four......nce. For the reasons stated above, the appeal is allowed. We, however, make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 155. ......rmissible under the Ordinance. For the reasons stated above, the appeal is allowed. We, however, make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 155. ..

Category: Property Law, Tenancy Law | Date: 21 Jun, 1977 | Hits: 60

Amin Jute Mills Ltd Vs. Enquiry Officer, War Risks Insurance, East Pakistan Zone and others, 1977, 6 CLC (HCD)

....bservations made above. There will be no order as to costs. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in:  30 DLR (HCD) (1978) 341.   ......bservations made above. There will be no order as to costs. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in:  30 DLR (HCD) (1978) 341.   ......Case is also Reported in:  30 DLR (HCD) (1978) 341.   ......bservations made above. There will be no order as to costs. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in:  30 DLR (HCD) (1978) 341.   ..

Category: Constitutional Law | Date: 5 May, 1977 | Hits: 3

M/s. Shamim & Co. Vs. Commissioner of Income Tax, Dacca Zone, 1977, 6 CLC (AD)

.... by special leave is against a judgment of a Bench of the High Court of East Pakistan disposing of a reference under section 66 (2) of the Income Tax Act in connection of the assessment of the income tax of the appellant for the assessment year 1951-52. 2. The appellant is a Dealer in Jute and ......d circumstances of the case. The result, therefore, is that the appeal is allowed, but there will be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 158. ......e. The result, therefore, is that the appeal is allowed, but there will be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 158. ......d circumstances of the case. The result, therefore, is that the appeal is allowed, but there will be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 158. ..

Category: Fiscal/Taxation Law | Date: 19 Apr, 1977 | Hits: 157