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M/s. Everett OriÂent Lines Inc. Vs. Commissioner of Income Tax Ctg Zone, Ctg, 1982, 11 CLC (AD)
....esult, therefore, both the appeals are allowed. The judgement of the High Court Division is set aside and the orders of the Tribunal are restored. There will be no order as to costs. Ed. ......ate -instructed by Md. Sajjadul Huq, Advocate-on-Record — For the Respondent. Civil Appeal Nos. 129 of 1980 and 130 of 1980. On appeal from the judgment and order dated 23-6-1980 passed by the High Court Division in Application No. 125/72. Judgment:..Category: Fiscal/Taxation Law | Date: | Hits: 114
Messrs. Haji Noor Ali Sowdagar & Sons Ltd. Vs. Comm. of Sales, Tax, Ctg Zone, 1982, 11 CLC (AD)
....hy;tention of the assessee cannot be accepted. In my opinion the question has been correctly decided by the High Court Division. Therefore, the appeal is dismissed with costs. Ed. ......e Appellant, A.M. Mahmudur Rahman, Advocate instructed by Md. Sajjadul Huq, Advocate-on-Record.—For the Respondent. Civil Appeal No, 100 of 1981. From the judgment and order dated 24-6-1980 passed by the High Court Division in Application No. 157 of 1972. Judg..Category: Fiscal/Taxation Law | Date: | Hits: 95
Mofizur Rahman Khan Vs. Government of Bangladesh, 1982, 11 CLC (AD)
....”I concur with the reasonings and the conclusions of my learned brother Shahabuddin Ahmed, J. Shahabuddin Ahmed J. - These three appeals by special leave arises out of orders of retirement of two Government Servants under Section 9(2) of ACE XII of 1974. They have been heard together since some ....... It is to be observed that it is a settled principle of interpretation taut the power of legislature to validate an invalid legislation carries with it the ancillary power of validation of executive orders or actions, but like the validation of law, the latter ancilÂlary power is subject to the Co..Category: Constitutional Law | Date: | Hits: 188
Abdul Halim Mollah @ Monohar Mollah & anr Vs. Member, App Tribunal Dacca & ors., 1982, 11 CLC (AD)
....as aforesaid there shall be no appeal from any order, judgment or sentence of Special Tribunal and no Court shall have authority to revise such order, judgment or sentence. (2) The Government shall for the purpose of this Act, constitute one or more Appellate Tribunals; and an ....... Moksudur Rahman, Deputy Attorney General, instructed by B. Hossain, Advocate on Record—For the Respondents. Criminal Appeal No. 18 of 1980. (From the judgment and order dated 3.7.1979 passed by the High Court Division in Writ Petition No. 109 of 1979.) ..Category: Criminal Law | Date: | Hits: 40
Bangladesh Vs. Md. Misfor Ali and others, 1982, 11 CLC (AD)
....'s Republic of Bangladesh; Now, therefore, in exercise of powers conferred by Article 6 of the Government of Bangladesh (Service) Order, 1972 (President's Order No.9 of 1972) the Government is pleased to remove the following employees from the services of Bangladesh Water......ul Hossain, Advocate, Jainul Abedin, Advocate with him instructed by Syed Sakhawat All, Advocate-on-Record - For the Respondents. Civil Appeal No. 36 of 1981. (From the Judgment and order dated December 7, 1979 passed by the High Court Division in Writ Petition No. 180 of 1978.) ..Category: Employment/Service Law | Date: | Hits: 92
....dgment and order by the High Court Division are set aside. The appeals are allowed without any order as to costs.
Ed.
This Case is also Reported in: 34 DLR (AD)(1982) 298; 3 BLD (AD) 1983, 48.
......sioner of Taxes for taking recourse to section 13 and making estimate for finding out the total sale and the gross profit or for that matter of the Appellate Joint Commissioner of Taxes modifying the orders, cannot be assailed on any such ground…………(16)
Assessing office when records the ..
Category: Fiscal/Taxation Law | Date: | Hits: 100
Bangladesh Vs. Md. Matiur Rahman, 1982, 11 CLC (AD)
....s, 1976 The explanation was not satisfactory and inquiry was held. The Inquiry Officer found him guilty of failure to submit the estimate in time and recommended a minor punishment of censure. The Government, however, decided to award the extreme punishment and a second show cause notice was iss......b Hossain, Mahmudul Islam, Advocates with him instructed by Md. Aftab Hossain, Advocate-on-Record. —For the Respondent. Civil Appeal No. 121 of 1981 (From the judgment and order dated 3rd April, 1981 passed by the High Court Division in Writ Petition No. 572 of 1980). ..Category: Employment/Service Law | Date: | Hits: 87
Rajan Miah Vs. Abdur Rashid and anoÂther, 1982, 11 CLC (AD)
....the property from Jainab Bibi. On the other hand, Exhibit B series .shows that the defendant had been paying municipal dues for the land in question and Exhibit E shows payment of rent to the Government by the defendant. Survey settlement record shows that the defendant was in possession of......ants. B. K. Das, Advocate, instructed by Syed Sakhawat Ali, Advocate-on-Record.—For the Respondent No. 1. Civil Appeal No. 75 of 1981. (On appeal from the judgment and order dated 27.1.1978 passed by the High Court Division in Second Appeal No. 467 of 1978.) J..Category: Property Law | Date: | Hits: 47
Commissioner of Income Tax Vs. Chowdhury Ramzan Ali and another, 1982, 11 CLC (AD)
....ncome tax and super tax assessed for the assessment year 1962-63 from the fund of the Company in liquidation. The Company Judge rejected the application on the ground that the price offered by the Government was not for sale but for the .compulsory acquisition of machinery, plants, etc. of ......ellant. C R. Ali, Advocate, instructed by Abu Backkar, Advocate-on-Record.—For the Respondent No. 1. Civil Appeal No. 31 of 1978. (From the judgment and order dated 16.2.77 passed by the High Court in Appeal No. 6 of 1968) Judgment: ..Category: Fiscal/Taxation Law | Date: | Hits: 85
Hajee Khabiruddin Ahmed Vs. Md. Salam Kabir, 1982, 11 CLC (AD)
....ter the lapse of a reasonable time. For the reason stated above, the appeal is allowed with costs. The judgment of the High Court Division is set aside and that of the trial court restored. Ed. ......atement that he was not a defaulter as the rent due for the month in question was tendered by him but the appellant refused to accept it. The respondent thereafter remitted the amount by postal money order which was also refused by the appellant. Since then he has been depositing the rent with the H..Category: Tenancy Law | Date: | Hits: 67
....persona! hearing has, in any way, prejudiced the respondent.
For the reasons stated above, the appeal is allowed but without any order as to costs.
Ed.
This Case is also Reported in:
....... The plaintiff-respondent who is an Overseer in the employment of the appellant University filed O. C. Suit No 185 of 1968 in the First Court of Munsiff Sadar, Mymensingh, for a declaration that the order of his dismissal from service on October 30, 1968 was illegal, void and without jurisdiction. ..
Category: Employment/Service Law | Date: | Hits: 109
Abu Bakkar Vs. Nazir Ahmed, 1982, 11 CLC (AD)
....sion are set aside and those of the lower appellate court are restored. The respondent shall pay costs of the appeal to the appellant. Ed. This Case is also Reported in: 34 DLR (AD)(1982) 237. ......sion are set aside and those of the lower appellate court are restored. The respondent shall pay costs of the appeal to the appellant. Ed. This Case is also Reported in: 34 DLR (AD)(1982) 237. ..Category: Property Law | Date: | Hits: 58
Khondker Moshtaque Ahmed Vs. Bangladesh, 1982, 11 CLC (AD)
....Regulation 4 of M.L.R. 1 of 1975. In the first case the order was passed on 24-2-1977 and in the second case on 31-3-1977. 3. It seems an order of review was passed 6-10-1977 and the order by the Government was noted in the order sheet of the Special Martial Law Court on 5-11-1977. Khandker Mosh......ion was that the appellant during his tenure as Minister for Commerce and Foreign Trade from 19-2-74 to 14-8-75 by corrupt or illegal means and by abusing his official position as such passed Illegal order for supply of furniture worth Tk. 39.900/- from the Trading Corporation of Bangladesh free of ..Category: Criminal Law | Date: | Hits: 287
Lebu Mia Vs. Ganesh Chandra Nath and others, 1982, 11 CLC (AD)
....al below and remit the case back to the said Court of appeal below for its disposal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) 220.......ity and so there was no occasion for him to consider the case on merit. He further argued that the learned Judge of the High Court Division while allowing the revisional application and restoring the order of the trial Court made no observation or finding as to the merit of the case and so the appel..Category: Property Law | Date: | Hits: 65
Haji Tajamal Ali being dead his heirs: Kamarunnesa & ors. Vs. Abdus Sattar & ors, 1982, 11 CLC (AD)
....as well from the pre-emptor’s lend except interpret of one tack situated in one of the plots. Even that tank was separated from the pre-emptor's land by a public pathway which belonged to the Government and not to any individual question arose whether contiguity between the rank which is a ......d by Zinnur Ahmed, Advocate on-Record—For the Appellants. Md, Aftab Hossain, Advocate on- Record.-For the Respondents. Civil Appeal No.15 of 1982. (From the judgment and order dated 1-12-1977 pasted by the High Court Division in Civil Revision Case No 1583 of 1976. ..Category: Property Law | Date: | Hits: 66
Bangladesh Vs. Hon'ble Judge, Prize Court, HCD, Supreme Court Building, Dacca, 1982, 11 CLC (AD)
.... Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Bangladesh represented by the Secretary, Ministry of Law and Parliamentary Affairs, Government of Bangladesh………………………&he...... the application the learned Judge of the Prize Court observed that though the fund belong to the State it is to be kept in the custody of the Prize Court and can only be disposed of by a judicial order of the said Court an appropriate proceeding Further the Government may apply through a Secret..Category: Others | Date: | Hits: 116
Abdul Hamid Vs. Abdul Jabbar , 1982, 11 CLC (AD)
....o this modification the appeal is allowed, the order of the High Court Division is set aside and that of the Subordinate Judge is restored. There will be no order as to costs. Ed. ......r the Appellant. Shaukat Ali Khan, Advocate, instructed by A. Baset Majumder, Advocate-on-Record—For the Respondent. Civil Appeal No. 111 of 1981 (From the judgment and order dated 7.7.1981 passed by the High Court Division in Civil Revision No. 1034 of 1980). ..Category: Civil Law | Date: | Hits: 82
Bangladesh & others Vs. A. K. M. Zahangir Hossain, 1981, 10 CLC (AD)
....¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦... Respondent (In Civil Appeal No. 134 of 1978). And Mokaddes Ali……………………………………………. AppeÂllant Vs. Government of Bangladesh & others………………………………………………. Respond......kar ……………………………………Respondents (In Civil Appeal No. 126 of 1979). Judgment October 21, 1981. Result: If a member of any disciplined force is aggrieved by an order of a Court or tribunal established under law relating to the disciplined force, he is debarred..Category: Constitutional Law | Date: | Hits: 188
General Manager Jamuna Oil ComÂpany Ltd. Vs. Golap Rahman & another, 1982, 11 CLC (AD)
....dvise yon that with effect from 1st January, 1973 you will be treated as a Management Staff in Group-III and that as from that date (w. e. 1.1 73) your revised salary will be as under, subject Io Government restrictions thereon. Basic … &......ellant. Rokanuddin Mahmood Advocate instructed by Md. Aftab Hossain, Advocate-on-Record— For the Respondent No. 1. Civil Appeal No. 141 of 1980. (From the judgment and order dated July 18, 1980 passed by the High Court Division in Writ petition No. 672 of 1978). ..Category: Labour and Industrial Law | Date: | Hits: 97
Bangladesh Vs. Winifred Rubi & ors., 1982, 11 CLC (AD)
....all these circumstances, the High Court Division came to the conclusion that the requisition was bad Inasmuch as no recognition under Ordinance 33 of 1961 and Ordinance 20 of 1962 was issued by the Government Secondly, it could not be said to be for public purpose. Lastly, the requisition order ......e Respondent Nos. 1-3. S R. Pal, Senior Advocate, Aminul Huq, Advocate-on-Record—For the Respondent No. 5. Civil Appeal No. 72 of 1981. (On appeal from the Judgment and order dated 9.9.1980 passed by the High Court Division in Writ petition No. 43 of 1978.) Jud..Category: Property Law | Date: | Hits: 65
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