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Mofizur Rahman Khan Vs. Government of Bangladesh, 1982, 11 CLC (AD)

.... disposed of in these terms, without any cost. In the result, Civil Appeal Nos. 73 and 124 of 1981 are dismissed. No order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) 321. ...... disposed of in these terms, without any cost. In the result, Civil Appeal Nos. 73 and 124 of 1981 are dismissed. No order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) 321. ......d that this it really interfering with the jurisdiction of this Court under Article 32, but there is no substance in that suggestion." 14. In M/s. Wast Ramnand vs. Madras Electricity Distribution Company, AIR 1962 (SC) 1753, certain electricity supply under­taking were acquired under Act 43 of ..

Category: Constitutional Law | Date: | Hits: 188

Commissioner of In­come Tax A- Range, Chittagong Vs. Harendra Kumar Sil and others, 1982, 11 CLC (AD)

....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. ......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. ......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. ..

Category: Fiscal/Taxation Law | Date: | Hits: 100

Bangladesh Vs. Md. Matiur Rahman, 1982, 11 CLC (AD)

....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. ......atiur Rahman ……………………………..Respondent Judgment March 4, 1982. Case Referred To- M.A. Hai vs. Trading Corporation (1980) 32 DLR (AD) 46. Lawyers Involved: A.W Bhuiyan, Deputy Att......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

Commissioner of Income Tax Vs. Chowdhury Ramzan Ali and another, 1982, 11 CLC (AD)

....ed without any order as to costs. The orders of the Court below are set aside, the proceed­ings of claims of the appellant before the Company Judge will proceed according to law. Ed. ...... Cases Referred To- Raleigh Investment Co. Vs G-G. in Coun­cil AIR 1947 (PC) 78; Ravi Paint Colour & Varnish Works Ltd. Vs Federation of Pakistan PID 1954 (Lab) 551; Sargodha Trading Co. AIR 1943 (Lah) 228. Lawyers Involved: A.K.M Mozammel Huq Bhuiyan. Advoca......p;            Badrul Haider Chowdhury J.-This appeal by special leave arises out of a judgment passed by a Division Bench of the High Court in Company Appeal No. 6 of 1968.    2. The Income Tax Officer, Companies Circle, mad..

Category: Fiscal/Taxation Law | Date: | Hits: 85

East Pakistan (now Bangladesh) Agricultural University, Mymensingh and others Vs. Md. Abdul Hye Bhuiyan, 1981, 10 CLC (AD)

....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: ......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: ......d the Ordinance and the statute made there­under. We may refer to the principle regar­ding the ouster of Jurisdiction of the Civil Court as enunciated in the case of Secretary of State Vs. Mask and Company, AIR 1940 Privy Council, 105, The Judicial Committee stated the principle thus:— "It..

Category: Employment/Service Law | Date: | Hits: 109

Khondker Moshtaque Ahmed Vs. Bangladesh, 1982, 11 CLC (AD)

....w Court and the order of Government on review are set aside, The orders of convic­tion passed on the appellant ate hereby quashed. Ed. This Case is also Reported in: 34 DLR (AD) (1982) 222. ......or 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 cost and the said furniture were taken to his private rest......w Court and the order of Government on review are set aside, The orders of convic­tion passed on the appellant ate hereby quashed. Ed. This Case is also Reported in: 34 DLR (AD) (1982) 222. ..

Category: Criminal Law | Date: | Hits: 287

Bangladesh & others Vs. A. K. M. Zahangir Hossain, 1981, 10 CLC (AD)

.... 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. ...... 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. ...... conclusion is inevitable that it acts as a tribunal and not as an executive body, and the Central Go­vernment in that capacity exercise judicial function. In the case of Indo-China Steam Navigation Company Limited vs. Jasjit Singh Additional Collector, Calcutta, AIR 1964 SC 1140, on a preliminary ..

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. ......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. ......bsp;         Fazle Munim J.—This arises out of the judgment passed in Writ Petition No. 672 of 1978 on July 18, 1980. 2. The petitioner which is Company incorporated under the Companies Act challenged the legality of the order of the Labour Cou..

Category: Labour and Industrial Law | Date: | Hits: 97

Al-Sayar Navigation Co. Vs. Delta International Traders Ltd. and ors., 1982, 11 CLC (AD)

....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: ......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: ......s. It is conten­ded that the delay was reasonable." 34. In the case of Monarach SS Co. Vs. A/B Carlshons the facts were as follows: Reported in 1949 All LR Vol. J page 1. On April 4, 1939. the M. Company chartered a steamship, belonging to the S. Company, a British Company, which sailed to Rashi..

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)

....1981 Cases Referred To- Karanpura Development Co. V. Commis­sioner of Income Tax W.B. 1962 I. T.R. 362 ; Karnani Properties Ltd. V. Com. of Income Tax W.B. 1971 I.T.R. 547 : S.G. Mercantile Corporation Ltd. Vs. Com. of Income Tax 1972 I.T.R. 700. Lawyers Involved: ...... 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. ......hy;perty of the assessee should be valued under rule 8(9) or rule 8(3) of the Wealth Tax Ru­les. The assessee respondent owned the Free School Street properties being a Housing es­tate. The Company is engaged in the busi­ness of acquiring houses and letting them out on monthly rental ..

Category: Fiscal/Taxation Law | Date: | Hits: 78

Commissioner of Income Tax, Dacca Vs. Adamjee Sons Ltd., 1982, 11 CLC (AD)

....d not separately under section 7(1) of the Wealth Tax Act. There is nothing to interfere. In the result, therefore, this appeal is dis­missed without any order as to cost. Ed. ......d not separately under section 7(1) of the Wealth Tax Act. There is nothing to interfere. In the result, therefore, this appeal is dis­missed without any order as to cost. Ed. ...... of M/s. Jute Fibers Ltd. and M/s. Pakistan Commodities Ltd., and in view of the reasons stated above the total value of the shares of these companies will be the total value of the assets of the Company computed on bulk valuation basis. In wealth tax I feel multiple taxation cannot be avoided..

Category: Fiscal/Taxation Law | Date: | Hits: 73

Commissioner of Income Tax Vs. Mrs. Masuda Khatun, 1982, 11 CLC (AD)

....e the exemption illusory. Accordingly, the answer to the ques­tion framed must be in the affirmative. The appeals are, therefore, dismissed without any order as to costs. Ed. ......e the exemption illusory. Accordingly, the answer to the ques­tion framed must be in the affirmative. The appeals are, therefore, dismissed without any order as to costs. Ed. ......ellant contended that section 15-BB does not expressly, exempt the dividend from tax and therefore, in computing the total income of the assessee the dividend received by an  assessee from the Company which is enjoying tax-holiday is to be included. The learned Counsel argued; (a) that sect..

Category: Fiscal/Taxation Law | Date: | Hits: 75

Nurjahan Begum, wife of Mahmudur Rahman Vs. Mahmudur Rahman Mullick , 1982, 11 CLC (AD)

....not be sustained. In the result the appeal is allowed, judgment and decree of the trial Court and those of the High Court Division are set aside and the suit is dismissed with costs. Ed. ......not be sustained. In the result the appeal is allowed, judgment and decree of the trial Court and those of the High Court Division are set aside and the suit is dismissed with costs. Ed. ......ived full recognition from the authorities and the Courts as well. That the practice of benami was widely practiced throughout the sub-continent is evident from the early history of the East India Company. The company started administering the province of Bengal in 1757. Law reports of cases inv..

Category: Property Law | Date: | Hits: 448

Bengal Water Ways Ltd. and other Vs. Rahimuddin Ahmed and others, 1982, 11 CLC (AD)

....private limited Company more or less as a partnership. With these words I concur with the judgment delivered by my learned brother Masud, J. and dismiss the appeal with costs. Ed. ......private limited Company more or less as a partnership. With these words I concur with the judgment delivered by my learned brother Masud, J. and dismiss the appeal with costs. Ed. ......….Respondents Judgment June 8, 1981. Cases Referred to- Hind Overseas Private Ltd. reported in A. I. R. 1976 (S.C) 565;  Lodli Prashad vs. Karnal Distillery Company, 17 D.L.R.  (S.C.) 52; In re: Yenidje Tobacco Company Limited, 1916 (2) CA, 426; Loch V..

Category: Business or Commercial Law | Date: | Hits: 110

Chairman, D. I. T and another Vs. Chairman, 2nd Labour Court and another, 1981, 10 CLC (AD)

....gh Court Division and the Labour Court are set aside, and the petition before the Labour Court dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) 37. ......gh Court Division and the Labour Court are set aside, and the petition before the Labour Court dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) 37. ......965. D. I. T. does not deal in any business of advertising nor it is a commercial agency nor it can be termed as a clerical department of factory nor it can be brought within the ambit of Joint Stock Company or anything of the like, It has not been shown either that Dacca Improvement Trust is an est..

Category: Labour and Industrial Law | Date: | Hits: 108

Assessing Officer, Narayangonj Range and others Vs. Burmah Eastern Ltd., 1981, 10 CLC (AD)

....at the High Court Divi­sion has rightly held that the Writ Petition was maintainable. For the aforesaid reasons this appeal is dismissed but without cost. Ed. This Case is also Reported in:......at the High Court Divi­sion has rightly held that the Writ Petition was maintainable. For the aforesaid reasons this appeal is dismissed but without cost. Ed. This Case is also Reported in:...... The Respondent is a company incor­porated in Bangladesh, under the Companies Act, 1913, and in May, 1965 it took over the business and market assets of the Burmah Shell Oil Storage and Distributing Company of Pakistan Limited in the then East Pakis­tan, hereinafter referred to as ''Burmah Shell"...

Category: Fiscal/Taxation Law | Date: | Hits: 76

GM, Bangladesh Tea In­dustry Management Committee Vs. F.H. Chowdhury & anr, 1982 , 11 CLC (AD)

....t the relationship between the parties was that of Master and Servant may not be unqualified. In the result, therefore, this appeal is dismissed without any order as to costs. Ed. ......t the relationship between the parties was that of Master and Servant may not be unqualified. In the result, therefore, this appeal is dismissed without any order as to costs. Ed. ......B.T.I.M.C C." This stipulation does not help the B.T.I.M.C. The respondent has not been transferred to any garden under the B.T.I.M.C. On the contrary his service has been transferred to a new Company which happened to purchase the Tea garden which once belonged to the B.T.I.M.C. and now is ..

Category: Employment/Service Law | Date: | Hits: 92

James Finlay and Co. Ltd. Vs. Chairman, Second Labour Court, Dacca and another, 1981, 10 CLC (AD)

....tion 25 of the Act and Civil Appeal Nos. 46 and 47 of 1978 are "disposed of accordingly and will abide by the decisions of the Labour Court. There will be no order as to costs. Ed. ......tion 25 of the Act and Civil Appeal Nos. 46 and 47 of 1978 are "disposed of accordingly and will abide by the decisions of the Labour Court. There will be no order as to costs. Ed. ......with the conditions of labour of any person". 56. Examination mainly centred on the expression 'any person' occurring in the defini­tion, to find out whether the salesmen of the Company fall in the category of 'work­man' and thereby they could be brought within the scope o..

Category: Labour and Industrial Law | Date: | Hits: 91

Mst. Qaiser Khatoon and 12 others Vs. Mvi. Abdul Khaliq and others, 1973, 2 CLC (AD)

....ing his report a final decree for possession will have to be drawn up. Since success is divided each party will bear his own costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 104. ......ing his report a final decree for possession will have to be drawn up. Since success is divided each party will bear his own costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 104. ......, ILR 13 Lah. 458; Rani Sundar Vs. Tej Singh, ILR 17 Lah. 346. Lawyers Involved: Mian Md. Shaft, Senior Advocate, (Mian Hidayat Ali Taib, Advocate with him) instructed by M/s. Siddiq & Company, Advocate-on-Record—For the Appellant. Shah Md. Shafi, Senior Advocate, (J.A. Parv..

Category: Civil Law | Date: | Hits: 117

Khulna Newsprint Mills Ltd. Vs. Khulna Newsprint Employees Union, 1973, 2 CLC (AD)

.... directing the reinstatement of Nurul Gani, is set aside. In the circumstances of the case, the parties are left to bear own costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 85. ...... directing the reinstatement of Nurul Gani, is set aside. In the circumstances of the case, the parties are left to bear own costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 85. ......axo Laboratories (Pakistan) Limited, Karachi Vs. Pakistan reported in 14 D.L.R. (S C.) 17 but, in that case the workman in question was charge sheeted under rule 23(a) of the Standing Or­ders of the Company for wilful disobedience of orders issued by his superior and was dis­charged from service a..

Category: Labour and Industrial Law | Date: | Hits: 107