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Md. Muslim Khan Vs. The State, 1986, 15 CLC (AD)
....ect of these documents except on a complaint in writing from that court or from any other court to which that court is subordinate. Mr. Huq has "pointed out that, a complaint was in fact filed by the higher court, namely, the Additional Deputy Commissioner (Revenue), but cognizance was not taken t...... result, both the appeals are dismissed. Accused-appellants who are now on bail are directed to surrender to their bail bonds at once. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 60...Category: Criminal Law | Date: | Hits: 69
Md. Sona Mia Vs. Collector of Customs, Chittagong and others, 1975, 4 CLC (AD)
....y notice under article 6A (2) of President's Order No. 5 of 1972 has not been served on the Government. So the appeals abated. In the circumstances these appeals abate. Ed. ......after those who elect to serve in the new State, and are taken on by it, serve on such terms and conditions as the new State may choose to impose. This is nothing more (though on a more exalted scale) than an application of the principle that underlies the law of Master and Servant when ther..Category: Business or Commercial Law | Date: | Hits: 81
Governor, Bangladesh Bank & others Vs. Shamsul Huda Khan and another, 1975, 4 CLC (AD)
....oved the High Court which construed the expressions "terms and conditions admissible to him immediately before the 10th August, 1953 as if they included his chance of promotion into a different and higher service, namely, as Assistant Secretary and Under Secretary in the Civil Secretariat. The Sup......rightly declared by the High Court Division to be without jurisdiction and of no legal effect. The appeals are dismissed, but without any order as to cost. Ed. This Case is also Reported in: ..Category: Employment/Service Law | Date: | Hits: 87
Lutfun Nahar Begum Vs. The State, 1975, 4 CLC (AD)
....al is allowed and the order of commitment of the appellant is set aside. The appellant is discharged from the bail bond. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 29. ......he confession is to amount to proof. Clearly there must be other evidence. The confession is only one element in the consideration of all the facts proved in the case; it can be put into the scale and weighed with the other evidence." 8. In view of the observation above, ..Category: Criminal Law | Date: | Hits: 60
Uttara Bank Vs. Macneill and Kilburn Ltd. and others, 1981, 10 CLC (AD)
.... the result, therefore, this appeal is allowed with costs. The order of the High Court Division is set aside, and the application for temporary injunction rejected. Ed. ...... the result, therefore, this appeal is allowed with costs. The order of the High Court Division is set aside, and the application for temporary injunction rejected. Ed. ..Category: Banking Law | Date: | Hits: 130
Commissioner of Taxes & another Vs. M/s. Mullick Brothers, 1981, 10 CLC (AD)
....n the light of the wealth statements, personal expenses and other relevant facts, the returns/revised returns or the consolidated statement are not found acceptable by the Department, assessment on higher amounts would be made in agreement with the Assessee. (c) If in a case falling in sub-p......rom want of legal authority. In the result, therefore, this review application is allowed and the appeal is dismissed without any order as to costs. Ed. This Case is also Referred in: ..Category: Fiscal/Taxation Law | Date: | Hits: 98
Md. Abdul Jalil Vs. Durjan Ali alias Siddique Hossain and others, 1981, 10 CLC (AD)
....re-emption. In the result, the appeal is allowed with costs. The Judgment and order of the High Court Division is set aside and that of the lower appellate court is restored. Ed. ......the proceeding. Again, one Sahera, grand-daughter of Elahi who was the 4th son of Barku, though admittedly a co-sharer was not impleaded. The explanation for non-Joinder of parties on such a large scale was that the pre-emptee objector did nol furnishes the names and particulars of the left-out ..Category: Property Law | Date: | Hits: 43
Dr. Nurul Islam Vs. Bangladesh, 1980, 9 CLC (AD)
....osts. The decision of the High Court Division is set aside and the impugned order declared to be of no lawful authority. Ed. This Case is also Reported in: 33 DLR (AD) 201, 1981 BLD (AD) 140. ......leave no room for doubt that the Provincial Government was fully conscious of its responsibilities and had no mind to disturb the limits of the existing Unions unnecessarily or to introduce any large scale revision of existing boundaries of any rural or urban Union or any Town." So far as the Co..Category: Employment/Service Law | Date: | Hits: 180
Musharraf Hossain Chy Vs. GM, Titas Gas Transmission & Dist. Co. Ltd. & ors., 1981, 10 CLC (AD)
....view of the above observations, the appeal is dismissed, the Judgment and order of the High Court Division is upheld. There will be no order as to costs. Ed. This Case is also Reported in: ......er, be mentioned that the order of termination of his service mentioned above was withdrawn by the Company. By its order dated April 5, 1974 the service of all officers of various enterprise of the scale of Tk. 600/- and above were placed under the administrative control of the Corporation and wer..Category: Employment/Service Law | Date: | Hits: 104
Abdul Halim Mollah @ Monohar Mollah & anr Vs. Member, App Tribunal Dacca & ors., 1982, 11 CLC (AD)
....in the second part, undoubtedly refers to the forum which is different from the Appellate Tribunal, having both appellate and revisional jurisdiction in criminal matters. Obviously, the forum is a higher one than the Appellate Tribunal, and I have DO doubt that it contemplates both the appe......nion is that such appeal cannot be entertained. I would, therefore, allow the appeal. Order of the Court By the majority judgment the appeal is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 40
.... of the assessee and take recourse to the proviso to section 13. In such a case, the assessing officer is competent to change the basis of gross profit as calculated by the assessee and raise it to a higher percentage.
The trading accounts of the respective assessee was rejected on valid groun......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.
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Category: Fiscal/Taxation Law | Date: | Hits: 100
Bangladesh Vs. Md. Matiur Rahman, 1982, 11 CLC (AD)
....service. The matter was placed before the President and the President ordered the dismissal of the respondent. The High Court Division declared the order of dismissal as illegal since no reason for higher punishment was assigned. 3. The factual aspect of this case is that the respondent o......ourt Division is set aside and the Writ Petition is dismissed with the modification that; the punishment is altered to compulsory retirement. No order as to costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 87
Hajee Khabiruddin Ahmed Vs. Md. Salam Kabir, 1982, 11 CLC (AD)
....s in June 1974 as a visitor, he was in the service of the respondent from the year 1972 to 1,973 Moreover, even if he be not looked upon as a member of the respondent's family status being definitely higher than that of a servant in the family being the wife's brother and also because the notice h......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. ..Category: Tenancy Law | Date: | Hits: 67
....s:
“When any of the penalties specified in Statute 4 is imposed upon any employee of the University an appeal shall lie to the authority next above that imposing penalty or to such other higher authority as the Syndicate may prescribe in respect of employees under its control. An appe......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:
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Category: Employment/Service Law | Date: | Hits: 109
Bangladesh & others Vs. A. K. M. Zahangir Hossain, 1981, 10 CLC (AD)
....observing them and. where such clauses can be waived without injustice to the person charged. Clause (k) provides that an order of punishment passed on the advice or with the concurrence of a higher authority shall be treated as an order of that authority. Clause (m) provides that an o...... member of the said 'disciplined force' if he has been illegally dismissed, removed, discharged, reduced in rank or compulsorily retired. Ed. This Case is also Reported in: 34 DLR (AD) 173. ..Category: Constitutional Law | Date: | Hits: 188
General Manager Jamuna Oil Company Ltd. Vs. Golap Rahman & another, 1982, 11 CLC (AD)
....dinance shows that the Court itself either cannot compel the attendance of such member or extract his advice. For the reasons stated above, the appeal is dismissed with costs. Ed. ......t No. 1 who was at first appointed a Driver of an Oil Tanker belonging to the petitioner company was subsequently upgraded as Chief Driver of the Tanker and since then he had been enjoying the pay scale, facilities and privileges of a member of the management staff in Group III. According to Mar..Category: Labour and Industrial Law | Date: | Hits: 97
Jamil Huq and 11 others Vs. Bangladesh and others, 1981, 10 CLC (AD)
....s, in the United States the Court of Military Appeals was created in 1950 as part of the revised uniform Code of Military Justice. Previously all appeals from the Court Martial judgments would lie to higher military commanders. "The new Code had been created largely because of the severe criti......lication under Article 104 of the Constitution is rejected. The verbal prayer for stay of the execution of the sentences made by Mr. MH Khandker is refused. Ed. This Case is also Reported in: ..Category: Constitutional Law | Date: | Hits: 327
Al-Sayar Navigation Co. Vs. Delta International Traders Ltd. and ors., 1982, 11 CLC (AD)
....t loss of profit and other expenditures, namely, ''cost incurred to make goods marketable", loss suffered as a result of production of lower quality even after crushing, washing, etc. and for the higher rate of dollar. The plaintiff claimed damage on the following counts: A) ......plaintiff is assessed at Tk. 7,36,040/- and the decree is passed accordingly. Civil Appeal No. 38 of 1981 is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: ..Category: Admiralty Law or Maritime Law | Date: | Hits: 264
Commissioner of Taxes, Ctg Zone, Ctg Vs. M/s Free School Street Properties, Ltd, 1982, 11 CLC (AD)
.... capital value of such property has not been so determined, the Wealth Tax Officer shall not accept with the prior approval of the Inspecting Assistant Commissioner of Wealth Tax, adopt a value higher than a sum equal to ten times the gross annual rental value of such property. E...... the activities of the assessee was business or trading. Therefore, rule 8 (9) is applicable. In the result, therefore, this appeal is dismissed without any order as to cost. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 78
Tobarak Ullah Vs. Rani Gupta@ Sree Sriti Rani Gupta @ Stiti Rani Gupta & another, 1990, 19 CLC (AD)
....hondkar Mahbubuddin Ahmed, learned counsel for the appellant, contends that the amount of solatium is very inadequate, particularly when the earnest money was paid in 1969 when value of Taka was much higher than at present. Learned counsel has produced certain sale deeds showing prices of land sold ......ka 30,000.00 (thirty thousand only), to the appellant within 2 (two) months from date, failing which it will bear interest @ Tk. 15%. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 100. ..Category: Property Law | Date: | Hits: 64
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