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Karachi Stock Exchange Vs. Kurban Ali M. Merchant and others, 1973, 2 CLC (AD)
.... the present case, created by rule 3(iv) of Forward Contracts Rules of the Exchange, viz. that it amounts to a 'floating security'. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 82. ...... deposited a cheque for Rs. 15,000 to be held in deposit. Rule 3 further lays down that the basic deposit will only cover business to the extent of Rs. 2,500 shares, and that for business on a larger scale extra sums would be required to be deposited. By sub-rule (iv) it is laid down that— "..Category: Business or Commercial Law | Date: | Hits: 74
Sirajul Islam Vs. State, 1973, 2 CLC (AD)
....appellant himself, and these amounts were ultimately made the subject-matters of the charge against the appellant. In the audit report, the cashier, the Drawing & Disbursing Officer and other higher officers of the Department were blamed for utilizing the public money in contravention of t......ourt and acquit the appellant. M. R. Khan, J.—I agree. Sajjad Ahmed Jan, J.—I agree. Wahiduddin Ahmed J.—I agree. Ed. This Case is also Reported in: 25 CLC (SC) (1973) 73. ..Category: Anti-Corruption Laws | Date: | Hits: 142
M/s. A. K. Khan Plywood Co., Chittagong Vs. Commission of Income Tax, East Pakis, 1973, 2 CLC (AD)
....ere a business consists entirely in buying and selling goods it is more difficult to distinguish between an ordinary and a realization sale, the object in either case being to dispose of goods at a higher price than that given for them, and thus to make a profit out of the business. In such a case......urt is set aside. I would, however, leave the parties to bear their own costs. H. Rahman CJ.—I agree. M. R. Khan J.—I agree. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 65. ..Category: Fiscal/Taxation Law | Date: | Hits: 82
....ne 17, 2002.
Result:
The controversial part of the judgment of the High Court Division is expunged.
The Constitution of Bangladesh, 1972, Article 41
i) It is in no way desirable for the higher court, whose decision has binding effect on the courts subordinate to it, to embark on a matt......eby expunged.
The leave petition, with the above observations and upon expunging the impertinent recommendation, is disposed of.
Ed.
This Case is also Reported in: 54 DLR (AD) (2002) 168. ..
Category: Family Law | Date: | Hits: 192
Mahbubur Rahman and others Vs. Taslimuddin Ahmad and others, 2002, 31 CLC (AD)
....a,Bangladesh” Respondent No. 1 case is that, he was appointed as Inspector of Taxes on 8-10-1968 on the basis of Competitive Examination. He duly passed departmental examination in higher cadre and was promoted to the rank of Extra-Assistant Commissioner of Taxes on 5-10-198 1. A......ly as Assistant Commissioner of Taxes on 15-7-1985 and on 21-1-86, 28 Assistant Commissioners of Taxes were directly appointed by violating the quota rules. Respondent No. 1 was also granted time scale and there was no hurdle for promotion of respondent No. 1 as Assistant Commissioner of Taxes ..Category: Administrative Law | Date: | Hits: 91
Khairullah (Md) Vs. ADC (Revenue) and another, 2001, 30 CLC (AD)
.... no negligence on the part of the Government-respondent but it was due to the negligent act of the then Assistant Attorney- General. The High Court Division after considering several decisions of the higher courts of the country as well as of the Indian jurisdiction found that the delay was unintent...... 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
S. M. Iqbal Hossain Vs. Managing Director, I F I C Bank Ltd., 2006, 35 CLC (AD)
....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. ......before the Administrative Appellate Tribunal. The Administrative Appellate Tribunal allowed the appeal modifying the order of dismissal to the extent of reducing him to the lowest stage in the time scale. Against the judgment of the AAT the Agrani Bank moved the Appellate Division. The Appellate ..Category: Employment/Service Law | Date: | Hits: 78
Md. Yousuf Ali Vs. Kazi Syed Shamsul Hoque and others, 2006, 35 CLC (AD)
....t us therefore, consider whether the word 'resident' means a person having essentially a permanent residence. The word residence has been defined, on the basis of various judicial pronouncements of higher courts in Mitra’s Legal & Commercial Dictionary [fourth edition at page 677] to be......n cannot be sustained and so the appeal should be allowed. 22. The appeal is, therefore, allowed. In the facts and circumstances we direct the parties to bear their own costs. Ed. ..Category: Constitutional Law | Date: | Hits: 178
Government of the People’s Republic of Bangladesh Vs. Abdur Rahman and others, 2006, 35 CLC (AD)
....sion cases which were filed in connection with the acquisition of land of plot No.1310 upon starting L.A. Case No. 13 of 1987-88, was set aside or modified by the Arbitration Appellate Tribunal or by higher Court. It may be mentioned Respondents' land was in Matuail Mouza i.e. of the Mouza land wher......itration Appellate Tribunal. In view of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with cost to be paid by the appellant No. 1. Ed...Category: Property Law | Date: | Hits: 58
M/s. Hossain Ahmed Vs. M/s. H. D Hossain & Brothers, 1980, 9 CLC (AD)
.... appellant was the highest bidder and his bid was accepted for the sale of liquor. The 4th respondent did not bid in the auction but went to Excise Commissioner behind the appellant's back and made a higher bid. The Excise Commissioner cancelled the sale in favour of the appellant and directed the D...... allowed with cost and the order of the High Court Division in staying the operation of the order of the District Judge is set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 223 ..Category: Others | Date: | Hits: 94
Sayed Ali Vs. Sree Gopal Chandra Das and others, 1980, 9 CLC (AD)
....uestion of appeal is a separate question. The right of appeal is to be specifically conferred by law. No doubt the Civil Procedure Code provides that when there is a decree, an appeal lie to the next higher Court but then the right of appeal has been expressly taken away from a decree passed by a Co......ithout any order as to costs and remit the case to the Court of first instance to dispose of the matter in accordance with law. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 212. ..Category: Procedural Law | Date: | Hits: 96
Abu Taleb Mridha Vs. State, 1980, 9 CLC (AD)
....are in the following terms: "Provided that if, in the course of a trial before a Special Magistrate, the offence appears to him to warrant a presumption that the case is one which calls for higher penalty than he is empowered to award, he shall stay the proceedings and submit the cas......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 ..Category: Criminal Law | Date: | Hits: 57
Abdur Rashid Vs. Secretary, Ministry of Cabinet Affairs, Establishment Div & ors, 1980, 9 CLC (AD)
....d in the inquiry proceeding. It is for the appointing authority to decide whether a corrupt officer should be retained in service after awarding lesser punishment…………..(7) In awarding higher punishment, it cannot be argued that duty has been cast upon the appointing authority to give......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 ..Category: Employment/Service Law | Date: | Hits: 70
Commissioner of Income Tax, (Now Com. of Taxes), Ctg. Vs. Saifuddin A Siddiqui, 1980, 9 CLC (AD)
....e national surplus having nothing to do with the reality, that is to say, the Income Tax Officer made assessment by estimating the income from the property and determining its total at a sum much higher than what was shown by the estate in its return." In other words, the assessment has been mad......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 ..Category: Fiscal/Taxation Law | Date: | Hits: 85
Abdus Sattar & others Vs. Suresh Chandra Das & others, 1978, 7 CLC (AD)
....te to be inherited by persons who have never occupied the premises? It is a proposition which is untenable; In that event the tenant having the bare right of occupation will leave after his death a higher right to his heirs in the tenancy, which he never had. The heirs will become tenants without ...... we set aside the decision of the High Court Division and restore that of the trial Court. The appeal is allowed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 170. ..Category: Tenancy Law | Date: | Hits: 67
Bangladesh Vs. Abdur Rashid and others, 1980, 9 CLC (AD)
.... Tk. 8,286-12 but the respondents did not accept. They made an application for arbitration before the Tribunal in terms of section 91A of the Act for determination of the compensation claiming much higher rates. In the absence of the Tribunal set up under the said Act, the Land Acquisition Court......any order as costs. The orders of the High Court and the Additional District Judge, 3rd Court Dacca, as awarding interest are set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 92 ..Category: Others | Date: | Hits: 86
Md. Mahboob Murshed Vs. Bangladesh and others, 1980, 9 CLC (AD)
....and special pay at the rate of 10% was allowed to him. Subsequently, his seniority in the service was fixed in the year 1974. Thereafter, in September, 1975 the appellant was sent to West Germany for higher training. When the appellant was undergoing training in West Germany his special pay was stop......by the Railway Board had been set aside and that the Government decided that re-employment of the appellant in the Bangladesh Railway be treated as fresh appointment on ad hoc basis in the senior scale against work-charged post. The Railway Board was also directed to recover any leave salary pai..Category: Employment/Service Law | Date: | Hits: 77
M. A. Hai Vs. Trading Corporation of Bangladesh, Dacca, 1977, 6 CLC (AD)
....smissal from service, the principles of natural justice must be complied with…..(6) The appointing authority is not bound to accept the recommendations of the enquiry officer but in inflicting higher punishment not recommended, the appointing authority is expected to assign some reasons for c......978 dismissing the appellant from service is declared to have been passed without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 46. ..Category: Employment/Service Law | Date: | Hits: 72
Yusuf Vs. Mofzal Ahmed Sowdagar, 1993, 22 CLC (AD)
.... of law. If a party is allowed to challenge an order twice over, certain anomalies may arise, and that is why those orders could not be allowed to be challenged, if [hey had been challenged in the higher court either in appeal or revision or both. In that view of the matter the decision of the M......decisions of the High Court Division and the first Appellate Court are set aside and that of the trial Court is restored. Ed. This case is also reported in: 45 DLR (AD) (1993) 178 ..Category: Others | Date: | Hits: 119
Nowabul Alam and others Vs. State, 1993, 22 CLC (AD)
....dead bodies were made by P.W. 14 in presence of P.W.s 1 and 2 who signed in the inquest reports which contain a specific reference to the General Diary Entry. P.W. 1 is matriculate and P.W. 2 was a higher secondary student at the material time. The seizure lists Ext. 3 prepared by P.W. 14 also c......ants are acquitted. Let the appellants be set at liberty forthwith not wanted in connection with any other case. Ed. This case is also reported in: 45 DLR (AD) (1993) 140 ..Category: Criminal Law | Date: | Hits: 60
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