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Ful Chand Das and others Vs. Mohammad Hammad and others, 1982, 11 CLC (AD)
....by coercion, threat, intimidation, undue influence, misrepresentation or fraud; or (ii) in due course of business of the transferor. He will refuse permission in cases falling under clause (i) and may grant permission in cases falling under clause (ii). (3) N..Category: Property Law | Date: | Hits: 75
Govt. of Bangladesh Vs. Md. Arshad Ali, 1982, 11 CLC (AD)
....e sustained. Therefore, the appeal is allowed. The judgment and order of the High Court Division are set aside and the writ petition is dismissed. We make no order as to costs. Ed. ..Category: Criminal Law | Date: | Hits: 171
M/s. Everett Orient Lines Inc. Vs. Commissioner of Income Tax Ctg Zone, Ctg, 1982, 11 CLC (AD)
.... a period of five years from the date of its installation or registration as the case may be such provision is nowhere available within the four corners of the present provisions, under clause VI of sub-section (2) of section 10 of the Income Tax Act." 3. Thereafter t..Category: Fiscal/Taxation Law | Date: | Hits: 114
Mofizur Rahman Khan Vs. Government of Bangladesh, 1982, 11 CLC (AD)
....providing that the government may retire a public servant from service at any time after he has completed twenty-five years of service in the public interest. The amendment also includes a validation clause which provides that notwithstanding anything to the contrary contained in any other law or in..Category: Constitutional Law | Date: | Hits: 188
Abdul Halim Mollah @ Monohar Mollah & anr Vs. Member, App Tribunal Dacca & ors., 1982, 11 CLC (AD)
....h an appeal is being filed, the person in respect of whom the order of acquittal was passed shall continue to remain in custody. (3) The period of limitation for an appeal under clause (1) shall be (sixty) days from the date of sentence and for an appeal under clause (2) shal..Category: Criminal Law | Date: | Hits: 40
Bangladesh Vs. Md. Matiur Rahman, 1982, 11 CLC (AD)
....h step and a departmental proceeding was drawn up as to why he should not be dismissed from service or otherwise suitably punished for inefficiency and misconduct within the meanings of clauses (a) and (b) of rule 3 of the Government Servants (Discipline and Appeal) Rules, 1976 T..Category: Employment/Service Law | Date: | Hits: 87
Commissioner of Income Tax Vs. Chowdhury Ramzan Ali and another, 1982, 11 CLC (AD)
.... of the case may be stated. Dacca Electricity Development Company was an assessee under the, Income Tax Act. Government decided to purchase the said undertaking with effect from 31-5-57 in term of clause (c) of section 5 of the Electricity Act, 1910. The licence of the Company was also revo..Category: Fiscal/Taxation Law | Date: | Hits: 85
Category: Employment/Service Law | Date: | Hits: 109
Khondker Moshtaque Ahmed Vs. Bangladesh, 1982, 11 CLC (AD)
.... we cannot go into those questions over again, because of the fact it has been decided there that the said laws are immune from challenge in view of the proclamation of 20th August, 1975 contained in clause (d), (a) and (g) thereto." The learned Judges discharged the Rule wish the observation: ..Category: Criminal Law | Date: | Hits: 287
Bangladesh Vs. Hon'ble Judge, Prize Court, HCD, Supreme Court Building, Dacca, 1982, 11 CLC (AD)
....sp; Fazle Munim J.-This appeal arises out of the judgment of a Bench of the High Court Division passed on December 7, 1979 dismissing an appeal under clause 15 of the Letters Patent being Appeal No. 4 of 1979 which was preferred by the appellant aga..Category: Others | Date: | Hits: 116
Bangladesh & others Vs. A. K. M. Zahangir Hossain, 1981, 10 CLC (AD)
....les 45, 102 (5), 134 and 135, and the definition given in Article 152 and Chapter IV of the Constitution of Bangladesh. 4. Now the Constitution has given an inclusive definition in interpretation clause by saying that 'disciplined force' means, (a) the army, navy or air force; (b) the police for..Category: Constitutional Law | Date: | Hits: 188
Jamil Huq and 11 others Vs. Bangladesh and others, 1981, 10 CLC (AD)
.... the Constitution. We find, that in the Constitution, for the first time, a new conception has been introduced, that of 'disciplined force', in the services of Bangladesh, and in the interpretation clause, it has been rather described than defined, under three categories, one; army, navy and air f..Category: Constitutional Law | Date: | Hits: 327
Al-Sayar Navigation Co. Vs. Delta International Traders Ltd. and ors., 1982, 11 CLC (AD)
.... for damage. 3. Descendants 1, 2, 3, 4, 5 and 8 by filing 3 different written statements resisted the suit firstly, on the ground that there was no conversion of the salt; secondly, there was no clause in the Charter Party restricting the carrying of other goods; thirdly, deviation was justifie..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)
.... 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
Commissioner of Income Tax Vs. Mrs. Masuda Khatun, 1982, 11 CLC (AD)
....r any expenditure (not being in the nature of capital expenditure) incurred solely for the purpose of making or earning such income, profits or gains subject to the allowances mentioned in clauses (a), (b) and (c). Section 12 (b) deals with the Capital Gain Tax. Section 13 pro..Category: Fiscal/Taxation Law | Date: | Hits: 75
Habibur Rahman Vs. The State, 1982, 11 CLC (AD)
....or the Chief Martial Law Administrator to exercise his power with regard to a criminal case pending in an ordinary Criminal Court the Regulation in clear language provided that power. For instance clause (2) of Regulation 3 empowers the Chief Martial Law Administrator to transfer a case from one..Category: Criminal Law | Date: | Hits: 46
Bengal Water Ways Ltd. and other Vs. Rahimuddin Ahmed and others, 1982, 11 CLC (AD)
....findings of facts are based on materials duly considered by the High Court Division which allowed winding up not only on the just and equitable ground of deadlock but also on the grounds stated in clauses (II) and (V) of section 162 of the Companies Act viz. default in holding statutory meeting a..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)
....on namely, whether the DIT is commercial or industrial establishment within the meaning of the Employment of Labour (Standing Orders) Act, or it is an establishment within the meaning of section 2, clause 9 or clause 14 of the Industrial Relations Ordinance and the respondent is a worker under t..Category: Labour and Industrial Law | Date: | Hits: 108
GM, Bangladesh Tea Industry Management Committee Vs. F.H. Chowdhury & anr, 1982 , 11 CLC (AD)
....t canvassed that such power of transfer is implicit in the employer. As a general proposition this may be correct. But the Annexure ‘A' the appointment letter dated 1-10-74 stipulates in clause (iv) "that the employee will liable to be transferred in any gardens under the B.T.I.M..Category: Employment/Service Law | Date: | Hits: 92
Sonali Bank Vs. Abdul Mannan and others, 1981, 10 CLC (AD)
....rrendered by him duly released by the Area Committee that is, rupees 46.500/00 after, forfeit of rupees 25,006/00. So far as further processing is involved it only concerns the forfeited amount (vide clause 4) of the release order. As for the released amount, the respondent is entitled to receive it..Category: Banking Law | Date: | Hits: 129