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....uest is to read my declaration in the light shown above."
4. The Income Tax authority treated this as a consolidated return of income, within the meaning of the Martial Law Regulations and made a provisional demand by an order dated 27-6-64 under section 23(b) of the Income Tax Act and Martial L...... his income, within the meaning of the Martial Law Regulations and the Income Tax authorities had, therefore no jurisdiction to assess him as they did. They declared the assessment order as without lawful authority and of no legal effect.
Leave was granted to consider the question set out ..
Category: Fiscal/Taxation Law | Date: | Hits: 78
Md. Mohirruddin Vs. Md. Nazir Hossain Patwary & others, 2006, 35 CLC (AD)
....e find that the view taken by the High Court Division is a correct one. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 420. ......rt Division and other connected papers. 8. He mainly argued that the deposit of consideration money along with compensation having not been made within the stipulated period as provided by law the pre-emption case was liable to be dismissed but the High Court Division erred in law i..Category: Property Law | Date: | Hits: 35
Matiur Rahman Vs. Habibur Rahman and others, 2006, 35 CLC (AD)
....n the plaintiff and the defendant could be decided in the suit. 5. Admittedly, the petitioner claims to be a possessor is not even a lessee but claims to have applied for the same. Under the provision of Order 1 rule 10 of the Code of Civil Procedure the Court may at any stage of the proce......ant No. 3 whereupon the plaintiff took up the matter in revision in the High Court Division and the rule was made absolute on the finding that the possession, if any, of the petitioner is wholly unlawful and unauthorized possession of an unauthorized person having no valid document of lease or s..Category: Property Law | Date: | Hits: 24
Md. Abdur Razzaque Vs. Chief Election Commissioner, 2006, 35 CLC (AD)
....ter, there is no substance in the submission of the learned Counsel for petitioner. The petition is dismissed. Ed. This Case is also Reported in: 11 MLR (AD) (2006) 416. ......strict the candidature in the way the impugned notification has restricted and hence the impugned notification so far as it restricts the candidature by excluding the petitioner is unauthorized in law and is liable to be declared to have been made and passed without lawful authority and is of no..Category: Election Law | Date: | Hits: 116
Md. Alimuzzaman Khan Vs. Mohammad Golam Kibria, 2006, 35 CLC (AD)
....006. The Contract Act, 1872 (IX of 1872), Section 73 As the plaintiff’s service was not regulated by any legal instrument or by any statutory provision no declaration or enforcement of contract as to the terms and conditions of service shoul......aterials on record arrived at a correct decision. We find no cogent reason to interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. ..Category: Employment/Service Law | Date: | Hits: 82
Sree Hare Krishna Das Vs. Government of Bangladesh, 2006, 35 CLC (AD)
....ring the review petition filed by the petitioner, rejected the same. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 146. ......ring the review petition filed by the petitioner, rejected the same. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 146. ..Category: Administrative Law | Date: | Hits: 92
Md. Abdul Ali Bhuiyan Vs. Jahura Khatun and Others, 2006, 35 CLC (AD)
....s any instance of misreading and non-reading. So the concurrent findings of fact arrived at by the courts below can not be disturbed. The leave petition is accordingly dismissed. Ed. ......ion suit but did not contest the suit by filing any written statement and instead merely prayed for a saham. The courts below found that the trial court decreed the suit distributing sahams as per law and the Rafanama, alleged to have been executed between the plaintiff and the defendant No.1, w..Category: Property Law | Date: | Hits: 33
Government of Bangladesh Vs. Md. Osimuddin, 2005, 34 CLC (AD)
....f placed reliance in support of his contention that the land in suit was declared as forest in a departmental notice and that the same cannot be considered as official notification as per the provision of section 4 of the Forest Act, that the land in suit does not appear in the Gazette notif......ed by res-judicata. 7. The appellants went on appeal. The appellate Court upon introducing many irrelevant matters and that upon making unfounded comments against the Government functionaries, the lawyer who conducted the Title Suit No.860 of 1981 on behalf of the Government as well as regards th..Category: Property Law | Date: | Hits: 38
Azizullah @ Azizur Rahman Vs. Abu Taher Chowdhury and others, 2006, 35 CLC (AD)
....e Supreme Court of Bangladesh (Appellate Division) Rules 1988 and therefore is not maintainable. Consequently, the Review Petition merits no consideration and accordingly it is dismissed. Ed. ......ed by the defendant-petitioner and therefore the High Court Division found that the trial court correctly decreed the suit and the appellate court having made out a third case committed an error of law occasioning failure of justice in coming to a finding that possession of the defendant- petiti..Category: Procedural Law | Date: | Hits: 71
Badsha Miah (Md) Vs. Sonali Bank and others, 2006, 35 CLC (AD)
....sub-section 2 of the Administrative Tribunal Act, 1980 and therefore, committed illegality in dismissing the appeal without considering that the word review has been included in the aforesaid provision of law and, as such, the findings and decisions arrived at by the Administrative Tribunal...... the Administrative Appellate Tribunal dated 22-11-2000 moved this Division and obtained leave to consider as to whether the Administrative Appellate Tribunal committed an error of law in holding the view that without challenging the notification dated 15-1-1997 the appellant ca..Category: Administrative Law | Date: | Hits: 103
M Sahabuddin Vs. State, 2006, 35 CLC (AD)
....nations offered in the application for condonation of delay are far from satisfactory. For all the above reasons, we find no substance in this petition. Accordingly, it is dismissed. Ed. ......charge-sheet and the deposition of the witnesses and having not considered those documents and confining themselves only to first information report and the police report have committed an error of law occasioning failure of justice when section 561A of the Code, on plain reading, is intended to ..Category: Criminal Law | Date: | Hits: 34
Bangladesh Vs. AKM Enayetullah, 2006, 35 CLC (AD)
....interference. 13. Mr. Khan has next submitted that it is a settled law that notwithstanding the ouster clause of jurisdiction on the High Court Division by any legislative provision, the High Court Division is yet entitled to exercise its power of judicial review under A......iled the above writ petition calling upon the appellant the writ-respondent for declaration that the notice dated 11-5-2002 (Annexure-M) issued by the appellant (writ-respondent) was made without lawful authority and for declaring that the respondent- writ-petitioner is entitled to the faciliti..Category: Employment/Service Law | Date: | Hits: 69
Mustafizur Rahman Vs. Md. Amjad Hossain, 2006, 35 CLC (AD)
....the suit. 20. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. ...... also considered in the background of the observation made in the case of Siddique Ahmed Chowdhury and others vs Gani Ahmed and others reported in 33 DLR (AD) 1. 14. The proposition of law relating to special burden of proof in respect of the Heba-bil-ewaz deed in question if conside..Category: Property Law | Date: | Hits: 30
Tahedul Islam (Md) and others Vs. Md. Mojibar Rahman and others, 2006, 35 CLC (AD)
....k on remand to the trial Court for conclusive determination of the suit with reference to the said documents along with other documents which were already filed in the case on misconception of the provision of Order XLI, rule 27 and Order XLI, rule 33 of the Code of Civil Procedure set aside the......pared in the name of the plaintiff cancelled and that the order of the Revenue Officer dated July 28,1986 cancelling the khatian that stood in the name of the plaintiff was not sustainable in law, that the plaintiff has right, title and interest in the land in suit and in the shop standing ..Category: Property Law | Date: | Hits: 36
Abdul Mazid Khan (Md) Advocate Vs. State and another, 2006, 35 CLC (AD)
....g the needful in accordance with law, who is directed to inform this Court through the Registrar of the Supreme Court as to the action taken in the matter within 3 months from date. Ed. ...... forwarded to the Secretary, Ministry of Law, Justice and Parliamentary Affairs to bring to his notice our observation regarding the learned Magistrate and for doing the needful in accordance with law, who is directed to inform this Court through the Registrar of the Supreme Court as to the acti..Category: Criminal Law | Date: | Hits: 43
Farida Akhter and others Vs. Bangladesh, 2005, 34 CLC (AD)
.... the transitory period as contemplated by the framers of the Constitution, (ii) that the amendment to Article 65(3) was done in order to create 45 reserved seats for women which is itself a temporary provision of the Constitution itself and, as such, there cannot be yet another temporary special pro......zens who will choose their own representatives and the impugned amendment of the Constitution, contrary to the Article 27 of the Constitution, the petitioners are not being treated in accordance with law inasmuch as, it has not given them the opportunity of participating in the reserved seats as the..Category: Constitutional Law | Date: | Hits: 221
Majid Sheikh alias Majid and others Vs. State, 2006, 35 CLC (AD)
....if not wanted in any other connection. The appeal so far as of remaining three appellants: namely, (1) Majid Sheikh alias Majid, (2) Manik Sarder and (3) Zinnah Sarder is dismissed. Ed. ......4. Hence this appeal arose out of leave granted on 20-4-2002. On hearing the learned Advocate-on-Record leave was granted to consider the submission that the High Court Division committed error of law in upholding the conviction and sentence of the appellants although ought to have acquitted the..Category: Criminal Law | Date: | Hits: 36
State Vs. Muhibur Rahman Manik and another, 2006, 35 CLC (AD)
....ive Substances Act, 1908 and accordingly, Chatak Police Station Case No. 11 dated 26-3-1999 was started and the police submitted charge-sheet against the accused respondent and others under aforesaid provisions of law. The accused respondent being informant also lodged a first information report on ...... Act, 1908 and accordingly, Chatak Police Station Case No. 11 dated 26-3-1999 was started and the police submitted charge-sheet against the accused respondent and others under aforesaid provisions of law. The accused respondent being informant also lodged a first information report on 16-3-1999 in t..Category: Criminal Law | Date: | Hits: 184
Ali Akbar (Md) Vs. Shajirannessa Bewa and others, 2006, 35 CLC (AD)
....nsidered unsustainable. 14. In the background of our discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with cost of Taka 5,000. Ed. ...... 3 claimed to be the attesting witness to the deed, PW 4 claimed that he was present at the time of writing and at the time of the execution of the deed. It may be mentioned PW 3 is the brother-in-law of the plaintiff and PW 4 is the full brother of the plaintiff. PW 5 deposed that he was presen..Category: Property Law | Date: | Hits: 26
Capt. (Retd.) B. Akram Ahmed Khan Vs. BD Oil, Gas & Mineral Resources Corpn. & or, 2006, 35 CLC (AD)
.... High Court Division misread and misconstrued the annexures filed by the respondents in holding that the petitioner is an employee of respondent No. 2 and not of respondent No. 1 and, as such, the provisions of Pension and General Provident Fund Rules, 1987 are applicable to him. It has also bee......by the Government and, as such, the impugned order of compulsory retirement passed by the respondent No. 2 under the Pension and General Provident Fund Rules, 1987 is illegal and was passed without lawful authority. The further submission of the learned Counsel was that the High Court Division d..Category: Employment/Service Law | Date: | Hits: 109
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