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Bangladesh Vs. AKM Yousuf Mia & others, 1998, 27 CLC (AD)

....trative Appellate Tribunal is set aside and that of the Administrative Tribunal is restored.  Ed. This Case is also Reported in: 50 DLR (AD) (1998) 200; II ADC (2005) 520. ......trative Appellate Tribunal is set aside and that of the Administrative Tribunal is restored.  Ed. This Case is also Reported in: 50 DLR (AD) (1998) 200; II ADC (2005) 520. ..

Category: Administrative Law | Date: | Hits: 119

Bangladesh Krishi Bank Vs. Meghna Enterprises and another, 1998, 27 CLC (AD)

....ng down section 10A of the Act. When the learned Judges held that section 10A of the Act offends Articles 27 and 31 of the Constitution they ought to have struck down section 10A as it offends the fundamental rights guaranteed under the Constitution. The subordinate legislation must be knocked d......ourt Division is not sustainable in law. Consequently, both the appeals are allowed with costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 194; 52 DLR (AD) (2000) 57. ..

Category: Business or Commercial Law | Date: | Hits: 150

Meghna Petroleum Limited Vs. Commissioner of Taxes (East Zone) Dhaka, 1998, 27 CLC (AD)

.... item will from Bangladesh Petroleum Corporation’s income in the relevant year, and therefore taxing this in the hands of the Company will fall not only constitute an offence against the fundamental tax law that same item cannot be taxed twice, but further the company will be taxed on......ravancore Sugars and Chemicals Ltd. (Ker) (1973) 90 TTR 307. The Tribunal without even considering either the facts of the case or the principle invoked rejected the contention of the appellant outright.  17. So, the correct formulation of question No. 11 should be, whether on the f..

Category: Fiscal/Taxation Law | Date: | Hits: 97

Bangladesh Vs. Shafiuddin and Others, 1997, 26 CLC (AD)

.... The Constitution of Bangladesh, Articles 102 & 117 (iv) In Mujibur Rahman v. Bangladesh, 44 DLR (AD) 111, the right to move the High Court Division under Article 102 (1) for enforcement of fundamental right, which itself is a fundamental right, has been recognized and the right of judicia......d. In view of our decision as above the three applications for being added as parties to the appeals are rejected. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 27, 3 BLC (AD) 6. ..

Category: Constitutional Law | Date: | Hits: 185

Nazem Uddin Vs. Election Tribunal & Others, 2001, 30 CLC (AD)

....ent in the prayer is superfluous and not necessary.  8. In the case of Sk. Tabibar Rahman Vs Election Tribunal 1981 BLD 298 it was held: “The amendment allowed caused a fundamental change in the nature and character of the election petition. In the original election pe...... the same.  In the result the appeal is dismissed without any order as to costs.  Ed. This Case is also Reported in: 53 DLR (AD) (2001) 17  ..

Category: Election Law | Date: | Hits: 109

Hosne Ara Begum and another Vs. Islami Bank Bangladesh Limited, 2000, 29 CLC (AD)

....s barred under special statute I am afraid the argument of Mahmudul Islam that revision lies is not entertainable. There are various decisions from Indian jurisdiction where it has been held that for fundamental basic principle of justice and fair play or where a patent or flagrant error in the proc......ory power under Article 109 of the Constitution is not available. For the following reason stated above, the petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 9. ..

Category: Business or Commercial Law | Date: | Hits: 148

Syed S.M. Hasan Vs. Bangladesh, 2002, 31 CLC (AD)

....o­motion in the First Selection Board in 1997 and 07 others who were found fit for pro­motion by the  Second Interview Board were left out arbitrarily, malafide and in violation of their fundamental rights.   7. That the Finance Minister Mr. Shah A.M.S. Kibria submitted......hangir Hossain reported in 51 DLR (AD)148 for the proposition that the authority having pre­pared a list and actually appointed some from the list, others left out could enforce their fundamental right. In the said decision Mostafa Kamal J. as his Lordship then was held:  "..

Category: Administrative Law | Date: | Hits: 130

Janata Bank Vs. Khalilur Rahman, 2006, 35 CLC (AD)

....ndamental Rule 29 we are of the view that the submission have no substance. We, therefore, do not like to interfere with the impugned judgment and order. The leave petition is dismissed. Ed. ......ndamental Rule 29 we are of the view that the submission have no substance. We, therefore, do not like to interfere with the impugned judgment and order. The leave petition is dismissed. Ed. ..

Category: Anti-Corruption Laws | Date: | Hits: 83

National Board of Revenue and oth­ers Vs. Mustafizur Rahman, 2003, 32 CLC (AD)

....ng for the respon­dent has, however, submitted that the appel­lant having not followed the provision of law in the matter of consideration of an application to import the duplex board affecting his fundamental right to trade in view of the SRO No. 542-L/84/885 CUS dated 10.12.1984 for temporary im......ith reference to the relevant pro­visions of the concerned SRO. In view of the above matter, the appeal is allowed without any order as to costs.  Ed. This Case is also Reported in: ..

Category: Fiscal/Taxation Law | Date: | Hits: 130

M/S. Concord Engineers & Construction Ltd Vs. Chief Engineer Road & Highways Dept, 2006, 35 CLC (AD)

....s. Hriday Ranjan Das being dead his heirs: Bimal Kanti Das and others reported in 40 DLR(AD) 56 wherein it has been held that if the adverse finding is actually on decision of the suit and it forms a fundamental parts of the decree then it operates as res judicata but if adverse finding is extraneou...... We do not find any cogent reason to interfere with the unreasoned impugned judgment and order.  For the reason aforesaid, this appeal is dismissed without any order as to costs.  Ed. ..

Category: Alternative Dispute Resolution | Date: | Hits: 229

Khalilur Rahman A.S. P. S. B Dhaka Vs. Md. Kamrul Ahsan and others, 2005, 34 CLC (AD)

....s relating to further promotion of the officers mentioned in Annexure B should not be declared to have been taken without lawful authority and to be unconstitutional and violative of the petitioner's fundamental rights guarantee by Articles 27 29, 31 and 40 of the Constitution." and for the a......ue of the right given under Article 102(1) is not frittered away or misused as a substitute for more appropriate rem­edy available for an unlawful action involving no infringement of any fundamental right." 10. The undisputed position is that the Respondent Nos. 1-11 along with others filed ..

Category: Administrative Law | Date: | Hits: 152

Md. Nurul Hoque Miah Vs. Bangladesh, 2005, 34 CLC (AD)

....ed Administrative Appellate Tribunal, having failed to understand the legal implication of General Principle of Seniority of 1970 of the Establishment Division and Annexure-G and the provision of the fundamental Rule 30, committed an error of law in not allowing anti-dated seniority and promotions t...... upto the Commissioner of Taxes with effect from the date due for promotion as detailed in Annexure-K. The relevant passage of the said decision read as under: "Promotion might not be a matter of right. But the case of all the persons who are eligible for such promotion should be considered and ..

Category: Administrative Law | Date: | Hits: 162