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Bangladesh Vs. Md. Azizur Rahman and Others, 1994, 23 CLC (AD)

....e 4(1) (Kha) and 5(2) of the impugned Rules of 1990 cannot be declared to be void as those are not violative of the fundamental rights. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 19. ......such assignment'. In view of Article 149 of the Bangladesh Constitution, provisions of these two Regulations being existing laws are applicable to the present case. Service and General Administration Department Memo (SGA Memo) dated 12 3alftuary 1965, after referring to these Regulations 39 and 40 o..

Category: Employment/Service Law | Date: | Hits: 97

Wahed Ali Dewan Vs. State and another, 1994, 23 CLC (AD)

....nue to remain in the Jimma of her cider sister as affirmed by the High Court Division. The appeal is disposed of in the above terms. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 10. ......nue to remain in the Jimma of her cider sister as affirmed by the High Court Division. The appeal is disposed of in the above terms. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 10. ..

Category: Criminal Law | Date: | Hits: 68

Bangladesh Bank and others Vs. Mohammad Abdul Mannan, 1994, 23 CLC (AD)

....unal is set aside and that of the Administrative Tribunal is restored. Parties are to bear their respective costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 1. ......he employee by paying three months pay in lieu of three months notice. 2. The employer is Bangladesh Bank and the employee, Abdul Mannan, is the then General Manager in the Engineering Department of the Bank. At the material time the employee was a confirmed class I officer of the Ba..

Category: Administrative Law | Date: | Hits: 149

Sharif Nurul Ambia Vs. Dhaka City Corporation represented by its Mayor and others, 2006, 35 CLC (AD)

....this order. The respondent Nos. 1 and 5 are directed to stop construction of the multi-storied building and to demolish the structure, if any, already constructed. Ed.   ......ctivities for the welfare of the common people of the country; the vacant space measuring approxi­mately 1.20 acres contiguous to the above office building of JSD belonging to the Public Works Department, the respondent No. 4, had been reserved for constructing a public Car Parking Centre as..

Category: Environmental Law | Date: | Hits: 293

Bangladesh Bank Vs. Rana Awan and others, 2006, 35 CLC (AD)

.... the  official(s)  who was/were responsible for the default. Let a copy of the judgment be sent to the Ministry of Finance, Ministry of Works and also to the Solicitor. Ed. ...... as amended, which has been framed by the President, money cannot be withdrawn from the General Account without the written permission of the Treasury Officer or an Officer of the Bangladesh Audit Department authorised in this behalf by the Account General clearly unless the Finance Minister, af..

Category: Civil Law | Date: | Hits: 104

Sec., Min. of Food, Government of BD & ors Vs. Md. Sirajuddin Ahmed & ors, 2006, 35 CLC (AD)

....aka 3,000 in favour of the plaintiff-respondent No. 1 within two months from the date of receipt of this order by the trial Court, in default, this appeal shall stand dismissed. Ed. ......58-59 out of the aforesaid total land for the purpose of Central Storage Depot of the food department and the same was correctly recorded in the name of the Government, that is, in the name of Food Department. 4. During pendency of the suit the plaintiff-respondent amended the plaint and ..

Category: Property Law | Date: | Hits: 66

AHS Rahman Vs. State, 2006, 35 CLC (AD)

....o that effect the charge-sheet has been submitted, we find no substance in the submission of the learned Counsel for the petitioner for quashing the proceedings. The petition is dismissed. Ed. ......A of the Code of Criminal Procedure for quashing the proceeding; The High Court Division discharged the Rule with the observation as under: "It is not denied the police of the Anti-Corruption Department considered the alleged offences disclosed in the first information report to be a cognis..

Category: Anti-Corruption Laws | Date: | Hits: 89

Government of Bangla­desh Vs. Amora Holding Inc. Panama and other, 2006, 35 CLC (AD)

.... not sustainable in law and the same is accordingly, set aside and accordingly, the Rule is recalled. In the result, the appeal is allowed without any order as to costs. Ed. ......d for Chittagong port from Penag with cargo for Chittagong, Colombo and Maldives Ports. The local agent on receipt of information regarding sailing of the vessel applied to the Director General, Department of Shipping under Bangladesh Flag Vessels (Protection) Rules, 1982 for waiver certificat..

Category: Business or Commercial Law | Date: | Hits: 96

Controller of Examina­tions, University of Dhaka and others Vs. Mahinuddin & ors, 1992, 21 CLC (AD)

....minees who did not challenge it is sustainable in law. Obvious answer is in the negative. Parties will bear their own cost. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 305. ......e not officers of the University or members of any authority thereof. The Chancellor may constitute such a Commission with competent persons from another University or from some other Organisation or Department of the Government. But the learned Judges of the High Court Division Confused the Enquiry..

Category: Constitutional Law | Date: | Hits: 169

Ishaque Khan (Md) and another Vs. Trading Corporation of Bangladesh, 1992, 21 CLC (AD)

....rospective effect, but it will be effective from the date it was passed, namely 4.5.1987. Subject to this observation, the appeal is dismissed without, however, any order as to cost. Ed. ......rospective effect, but it will be effective from the date it was passed, namely 4.5.1987. Subject to this observation, the appeal is dismissed without, however, any order as to cost. Ed. ..

Category: Employment/Service Law | Date: | Hits: 68

Sec, Min of Food, Food Div., Govt. of Bangladesh, Dhaka & others Vs. M/s. MF Ltd, 1992, 21 CLC (AD)

....w that the lessee knew that the properties were liable to the octroi. 11. In the result, we find no substance in this appeal which is therefore dismissed. No order as to cost. Ed. ......erred to above. The lessee rejected these objections and stuck to its assessment contending that for the exemption, as claimed, a "certificate" from a gazetted officer of the appellants' Department that the property is government property and that "it is intended for use for offic..

Category: Fiscal/Taxation Law | Date: | Hits: 92

Mackinnon Mackenzie & C. (Pak.) Ltd Vs. Com. of Taxes Ctg (South) Zone, Chtg, 1992, 21 CLC (AD)

.... incurred for carrying on the business in this country. The High Court Division's answer to the question referred to is upheld. The appeal is dismissed with costs. Ed. ...... incurred for carrying on the business in this country. The High Court Division's answer to the question referred to is upheld. The appeal is dismissed with costs. Ed. ..

Category: Fiscal/Taxation Law | Date: | Hits: 84

Jamuna Oil Company Limited and another Vs.SK Dey and another, 1992, 21 CLC (AD)

....d judgment of the High Court Division as well as the decree passed by the two Courts below. The appeal is, therefore, allowed and the suit of respondent No. 1 is dismissed. No costs. Ed. ......d judgment of the High Court Division as well as the decree passed by the two Courts below. The appeal is, therefore, allowed and the suit of respondent No. 1 is dismissed. No costs. Ed. ..

Category: Employment/Service Law | Date: | Hits: 89

Babor Ali Molla and others Vs. State, 1992, 21 CLC (AD)

....t and order of the High Court Division are set aside and the appellants are acquitted. Let the appellants be set at liberty forthwith if not wanted in connection with any other Case. Ed. ......in the hospital on 30.9.81 Police investigated into the case and submitted final report on 9.3.82. Subsequent thereto the case was reopened on the prayer of the Inspector of Criminal investigation Department, Camp Jessore. During investigation on 2.9.82 Md. Ejahar Ali, a non‑appealing accu..

Category: Criminal Law | Date: | Hits: 68

M.A. Zaher and others Vs. Mainuddin Ahmed and another, 1976, 5 CLC (AD)

....med, a member of the Naranyanganj Municipal committee filed a suit against (1)The Chairman, Narayanganj Municipality, (2) The Narayanganj Municipal Committee, (3) The Commissioner, Dacca Division and Controlling Authority of Municipal Committees and (4) Government of East Pakistan (now Bangladesh) i......g the appellant Khurshed Alam Khan for abetment of the offence of contempt of court and sentencing him therefor. In the result this appeal is dismissed. Ed. This Case is also Reported in: ..

Category: Civil Law | Date: | Hits: 142

Commissioner of Income-Tax, Dacca Zone, Dacca Vs. M/S. Ata Hossain Khan Ltd., 1975, 4 CLC (AD)

....that this appeal is allowed with costs and the judgment and order of the High Court are set aside and that of the Appellate Tribunal restored. Ed. This Case is also Reported in: 28 DLR (AD) 141.......the rejection of the asse­ssee's accounts and the addition of the loan figures to the income of the assessee for the relevant years and gave the following reasons in support of such an action of the Department. "(i) There is no stock book showing day to day consumption of raw materials for manu..

Category: Fiscal/Taxation Law | Date: | Hits: 164

Bangladesh Vs. Mohd. Abdur Razzak and another, 1976, 5 CLC (AD)

....l subsist subject to the prior lien or charge of the Go­vernment and in accordance with the obser­vation made herein. The appeal is allowed but without any order as to costs. Ed. ...... to the Subordinate Judge, Rajshahi, for attachment of Rs. 25,785/- lying in deposit for due performance of contract made by the judgment-debtor, Belayet Ali with the Executive Engineer, C & B Department, Building Division-1, Raj­shahi. He obtained an order of attachment on 27. 9. 62, di..

Category: Civil Law | Date: | Hits: 103

The Commissioner of Income Tax, Dacca Zone Vs. M/s. Gulistan Cine­ma Co., 1976, 5 CLC (AD)

....urally. from them, it is neither arbitrary nor capricious. There is hardly any to disturb this finding of the High Court. The appeal is dismissed but without any order as to costs. Ed. ......conversion of white cement flooring into mosaic flooring as current repairs is contradic­tory inasmuch as the tenant assessee claimed deduction for Oil Painting of Cinema walls as well and the Department conceded that claim as current repairs. They however chal­lenged the mosaic work as ..

Category: Fiscal/Taxation Law | Date: | Hits: 126

Md. Shaukat Ali Mia Vs. Administrator of Wakfs and others, 1977, 6 CLC (AD)

....r of Wakfs, for its disposal in the manner indicated above, and in accordance with law. The costs of this appeal shall abide the result of proceeding be­fore the Administrator. Ed. ......d when the section clearly directs him to act judicially. 9.  Mr. Khandker Mahbubuddin Ahmed has referred in support of his contention the case of Nuruzzaman Vs. The Secretary Education Department, Govt. of East Pakistan'(1965) 17 BLR 46 P. L. D. 1967 Dacca 179, where a Division Bench..

Category: Property Law | Date: | Hits: 43

Mansur Ali Vs. Bangladesh and another, 1977, 6 CLC (AD)

.... For the reasons we allow the appeal, set aside the orders of the High Court   Division, accept the reference of the Sessions Judge Dacca, and quash the proceedings. Ed. ......y to those of someone who was so armed. 6. Nazamuddin's case is a decision of the Calcutta High Court, and the incumbent was a peon attached to the office of the Superintendent of the Sales Department in the district of Muzafferpore.  He was convicted under section 161 of the Penal ..

Category: Employment/Service Law | Date: | Hits: 81