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Akbar Hossain (Md) Vs. MD, Agrani Bank and others, 2002, 31 CLC (AD)

....   In view of the above, the petition is dismissed.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 21.  ......   In view of the above, the petition is dismissed.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 21.  ......ith a request to forward the same to the General Manager, Dhaka. But the Regional Manager did not forward the same instead brought charge on 14-6-1976 asking him to file explanation to the Enquiry Officer who as well asked him to appear before him on 9-7-1976. The petitioner appeared and filed ..

Category: Employment/Service Law | Date: | Hits: 83

Government of Bangladesh and other Vs. Nidhi Ram Moni and others, 2002, 31 CLC (AD)

....e High Court Division.   The petition is dismissed.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 14.  ......e High Court Division.   The petition is dismissed.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 14.  ...... sons who became the owners of the disputed land; but through mistake the name of Raghuram Moni was recorded and consequently declared vested and non-resident  property by the Upazilla Nirbahi Officer who ordered to lease out the same to Sadek Ali and others; but later on cancelled his orde..

Category: Property Law | Date: | Hits: 43

Khairullah (Md) Vs. ADC (Revenue) and another, 2001, 30 CLC (AD)

....m the office of the Deputy Attorney-General and, as such, he could not file the revisional application. Subsequently, after transfer of Mr Hasan to Jessore Bench Sajjad Ali Chowdhury was appointed as Assistant Attorney General who wanted a fresh Vokalatnama which was sent to him on 11-7-1989 and the...... Court Division in exercising the discretion. There is therefore no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 13. ...... Court Division in exercising the discretion. There is therefore no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 13. ..

Category: Procedural Law | Date: | Hits: 121

AKM Ali Imam Vs. DG, Bangladesh Agricultural Research Institute & another, 2002, 31 CLC (AD)

....There is no merit in this petition and the same is accordingly, dismissed.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 5. ......There is no merit in this petition and the same is accordingly, dismissed.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 5. ......-1-1996 passed by the Administrative Tribunal, Dhaka in Execution Case No.3 of 1995.   2. The short fact leading to this petition is that, the petitioner was a Senior Scientific Officer of Bangladesh Agricultural Research Institute on deputation from the Ministry of Agricultur..

Category: Administrative Law | Date: | Hits: 104

S. M. Iqbal Hossain Vs. Managing Director, I F I C Bank Ltd., 2006, 35 CLC (AD)

....dated 16.10.2002 passed by the learned Joint District Judge, 3rd Court, Mymensingh in Other Appeal No. 54 of 2002 who affirmed the judgment and decree dated 07.02.2002 passed by the learned Senior Assistant Judge, Sadar Mymensingh in Other Class Suit No. 205 of 2000. 2. The petitioner as......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. ......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)

....High Court Division in Civil Revision No.3339 of 1992 making the Rule absolute and thereby allowing the prayer for rejection of the plaint of Other Class Suit No. 82 of 1991 of the Court of Senior Assistant Judge, Iswarganj, Mymensingh. The suit was filed seeking declaration that the order dated....... 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. ....... 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

Abdul Majid Molla Vs. Biswajit Chandra (minor) & others, 2006, 35 CLC (AD)

....by the learned Subordinate Judge (now Joint District Judge), 1st Court, Madaripur in Title Appeal No. 63 of 1991 and restoring the judgment and decree dated 23.04.1991 passed by the learned Senior Assistant Judge, Sadar, Madaripur in Title Suit No. 153 of 1986 decreeing the suit. 2. Shor......he learned Advocate for the petitioner could not point out any legal infirmity in the judgment of the High Court Division. 9.  Accordingly, the leave petition is dismissed. Ed ......After the liberation of the country Biraj came back to Bangladesh and filed objection against the lease granted in favour of defendant No.1 but his objection was rejected by the then Sub-Divisional Officer and hence the suit is liable to fail. 4.  We have heard Mr. A.J. Mohammad Ali, ..

Category: Property Law | Date: | Hits: 51

Government of Bangladesh and others Vs. A.K.M. Fazlul Haque, 2006, 35 CLC (AD)

....id 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 Patwary, Advocate-on-Record- For......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. ......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

Messers Chemico Laboratories Ltd. Vs. Government of the People's Republic of Bangladesh, 2006, 35 CLC (AD)

....ayment of VAT which the petitioner avoided to pay is an appealable order in our view, the High Court Division rightly refused to issue the Rule. 6.  Accordingly, the petition is dismissed. Ed. ......ayment of VAT which the petitioner avoided to pay is an appealable order in our view, the High Court Division rightly refused to issue the Rule. 6.  Accordingly, the petition is dismissed. Ed. ......ayment of VAT which the petitioner avoided to pay is an appealable order in our view, the High Court Division rightly refused to issue the Rule. 6.  Accordingly, the petition is dismissed. Ed. ..

Category: Fiscal/Taxation Law | Date: | Hits: 85

Md. Saifur Rahman Emam Vs. Government of Bangladesh, 2006, 35 CLC (AD)

....ering the facts and circumstances of the case, we do not find any cogent reason to interfere with the judgment of the High Court Division. 8. Accordingly the petition is dismissed. Ed. ......ering the facts and circumstances of the case, we do not find any cogent reason to interfere with the judgment of the High Court Division. 8. Accordingly the petition is dismissed. Ed. ......ction for the post of Chairman of Kalikapur Union Parishad, District-Patuakhali scheduled to be held on 05.04.2006. The nomination paper of the writ petitioner was declared invalid by the Returning Officer on the ground that he is a bank loan defaulter, as per papers submitted before the Returnin..

Category: Election Law | Date: | Hits: 119

Al-haj Mohammad Seraj-ud-Dowla and others Vs. The Secretary, Ministry of works, 2006, 35 CLC (AD)

....decree dated 10-11-1997 passed in Title Appeal No, 187 of 1994 by the learned Subordinate Judge, 2nd Court, Dhaka, who affirmed the judgment and decree dated 10-5-1994 passed by the learned Senior Assistant Judge, 1st Additional Court in Title Suit No.7 of 1994 rejecting the plaint. 2. Th......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. ......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

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. ......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. ......come-Tax Act for the said periods. The assessee-respondent did not comply with the terms of the statutory notices issued under sections 23(2) and 22(4) of the Income-Tax Act, as such the Income-Tax Officer complet­ed the assessment under section 23(4) of the Income-lax Act and treated the sta..

Category: Fiscal/Taxation Law | Date: | Hits: 76

Jamal Soap Factory, Narayanganj Vs. Commissioner of In­come Tax, Dacca Zone, Dacca, 1980, 9 CLC (AD)

....od of 1365 and 1366 B.S. while making the assessment for the year 1960-61. The assessee having felt ag­grieved by tins combined assessment unsuc­cessfully preferred an appeal before the Ap­pellate Assistant Commissioner; thereafter an appeal was preferred before the Income-tax Appellate Court. Th......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. ......e High Court by framing to following question: "Whether in the facts and peculiar circumstances of the present case, the Tribunal was justified is not interfering with the action of Income-tax Officer in connection with the income of that branch M/s. Jamal Jute Baling & Co. for the asse..

Category: Fiscal/Taxation Law | Date: | Hits: 78

S.M. Quddus & ors Vs. Chairman, Labour Court, Ctg. & anr, 1981, 10 CLC (AD)

....ously and are disposed of by one order. All the three judgments of the High Court Division dated June 6, 1979 in Writ Petition Nos. 993, 994 and 995 of 1978. The petitioner S.M. Quddus was an Office Assistant in the office of respondent No. 2 at Agrabad, Chittagong. The petitioner Amin Sharif was...... provides, in our opinion, sufficient justi­fication for granting termination benefits instead of reinstatement. In that view of the matter, the petitions are dismissed. Ed. ...... provides, in our opinion, sufficient justi­fication for granting termination benefits instead of reinstatement. In that view of the matter, the petitions are dismissed. Ed. ..

Category: Labour and Industrial Law | Date: | Hits: 110

Abdul Jabbar Khan @ Jabbar Khan & ors Vs. State and another, 1980, 9 CLC (AD)

....oned in the original com­plaint 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 ......oned in the original com­plaint 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 ......Division was justified in passing the im­pugned order. 11. The present case (G R. Case No. 160) was received by the trying Magistrate on 21.7 73 which was transferred to him by the Sub-Divisional Officer. A naraji peti­tion was filed before the Sub-Divisional Officer but it appears that the Sub..

Category: Criminal Law | Date: | Hits: 60

Bangladesh Vs. Hail Abdul Gani Biswas and others, 1980, 9 CLC (AD)

....the promulgation of President's Order No. 88 of 1972 they are concluded by the transactions past and closed………..(11) Lawyers Involved: K. A. Bakr Attorney-General, with Abdul Wadud Bhuiyan Assistant Attorney-General, ins­tructed by B. Hossain, Advocate on Record— For the Appellant in a......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 ......ation and, on such application and, in the case of redemp­tion also on payment by the applicant of the amount by due to the mortgagee under the said proviso, the Subdivisional Magistrate or the Officer so autho­rised shall pass an order directing the mortgagee to restore possession of the m..

Category: Property Law | Date: | Hits: 85

Abu Taleb Mridha Vs. State, 1980, 9 CLC (AD)

....1977. Lawyers Involved: Rafiqul Huq, Senior Advocate, instructed by Md. Sajjadul Huq, Advocate-on-Record — For the Appellant. Abdus Sobhan, Additional Attorney-General, with Matiur Rahman, Assistant Attorney-General, instructed by M. R. Khan, Advocate-on-Record—For the Respondent. Cr......se and the Court has quashed the proceedings on merit as against that accused. In the result, therefore, this appeal is dis­missed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 209 ......of the decision in the case of Anwar Ahmed Vs. State in Criminal Appeal Nos. 29 and 30 of 1977. The High Court Division rejected the contention on the ground that on a misconception the Investigating Officer sub­mitted charge-sheet under section 436 of the Penal Code also but the charge-sheet const..

Category: Criminal Law | Date: | Hits: 57

Abdur Rashid Vs. Secretary, Ministry of Cabinet Affairs, Esta­blishment Div & ors, 1980, 9 CLC (AD)

....Alam and Zamiruddin Ahmed, Advocates, Supreme Court, with him) instructed by Syed Sakhawat Ali, Advocate-on- Record—For the Appellant. Abdus Sobhan, Additional Attorney Gene­ral, Matiur Rahman, Assistant Attorney Ge­neral, instructed by Zinnur Ahmed, Advocate-on-Record—For Respondent Nos. 1......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 ......gal practitioner." The proposition is that unless the government servant concerned has been grown an opportunity to cross-examine the witnesses examined by the Screening Board or by the Enquiry Officer appointed by that Screening Board, no recommendation can be made by the Screening Board unde..

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 ......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 ......to deal with the question as it stands. The places from where the three trawlers were captured have been set out above and there is no dispute about them. A map prepared by the Bangladesh Naval Staff Officer (Operations) has been placed before us showing the spot from where the trawlers were capture..

Category: Admiralty Law or Maritime Law | Date: | Hits: 246

Commissioner of Income Tax, (Now Com. of Taxes), Ctg. Vs. Saifuddin A Siddiqui, 1980, 9 CLC (AD)

....me found that there was a huge surplus after meeting necessary expanses which remaining unspent was taxable under this 'proviso'. Against these assessments the assessee filed appeals to the Appellate Assistant Commissioner of income Tax and then to the Income Tax Appellate Tribunal, but without any ......f the Income Tax Act in this case. In the result, both the appeals are dismissed on contest without, however, any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 190 ......ry expenses for its maintenance! is to be paid to the mutwalli as his remuneration and the balance 2/3 rd of the net proceeds has been set apart for reli­gious or charitable purposes: The Income Tax Officer made assessments of the years 1953-54, 1954-55, 1955-56, 1956-57, 1957-1958, 1960-1961 to 1..

Category: Fiscal/Taxation Law | Date: | Hits: 85