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Commissioner of Income Tax, Chittagong Vs. Consolidated Tea & Lands Co.Ltd, 1978, 7 CLC (HCD)
....e Appellate Division. The prayer is refused as we do not consider it to be a fit case. Abdul Momith Choudhury J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 224. ...... K. M. Subhan J.— This application is by the Commissioner of Income-Tax, Chittagong Zone, Chittagong under Section 66(1) of the Income Tax. Act, in this application the questions of law have arisen out of the Income Appellate Tribunal and run as follows: (i) Whether on the fac..Category: Fiscal/Taxation Law | Date: 16 Feb, 1978 | Hits: 4
Farid Ahmed Vs. The Govt of Bangladesh & others, 1978, 7 CLC (HCD)
....oner. There is a clear violation of the principle of natural justice that a man should not be adversely affected without a hearing, and compliance of this principle has been expressly enjoined in the provision to section 193 of the Customs Act, 1969. 9. In view of the above we declare...... of Customs and Excise, Dacca in Appeal No. 4 of 1975 confiscating the imported goods claimed by the petitioner and directing that the goods be disposed of by auction as to have been made without any lawful authority and is of no legal effect. 2. The petitioner proprietor of M/s. Boys Hosiery, ..Category: Fiscal/Taxation Law | Date: 10 Feb, 1978 | Hits: 2
Md. Mahboob Morshed Vs. Bangladesh and others, 1978, 7 CLC (HCD)
....vice entails forfeiture of past service. In case an order of dismissal or removal is reversed the authority concerned may declare that the officer's past service counts. There is no corresponding provision for counting of past service of an officer in a case where after the acceptance of his res......ointee with effect from November 30, 1972 and directing repayment/realisation of the alleged over payment to the petitioner from 19-2-73 to 29-11-72 should not be declared to have been passed without lawful authority and was of no legal effect. 2. The petitioner's case, in brief, is that he was ..Category: Administrative Law, Employment/Service Law | Date: 9 Feb, 1978 | Hits: 1
....f both the courts below are set aside. There will, however, be no order as to costs.
M.H. Rahman J. - I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 306.
......e same order of transfer. The order of transfer is found, to be perfectly legal.
9. In summarizing the points discussed above, we are of the view that both the courts below fell into an error of law by holding that respondent No.2 still continued to be President of the Workers' Union within..
Category: Labour and Industrial Law | Date: 7 Feb, 1978 | Hits: 1
Progati Khudra Babashayee Samabaya Samity Ltd Vs. Bangladesh, 1978, 7 CLC (HCD)
....r of review dated 5-9-72 which was passed by the Joint Registrar could be reviewed or revised by the Regular. 5. As it appears from the facts disclosed above, Respdt. No. 2 after availing of the provisions of appeal and review under the Act challenged the award by an independent suit followed b......legal and without jurisdiction since the power of review cannot be exercised by the Registrar more than once. Mr. Rafiqul Islam has contended that the earlier order in review was passed in the eye of law by the Registrar since the joint Registrar who disposed of the power of review vested in the Reg..Category: Administrative Law, Civil Law | Date: 3 Feb, 1978 | Hits: 2
Fazlul Huq Chowdhury Vs. Govt. of Bangladesh, 1978, 7 CLC (HCD)
....he impugned order mainly on the ground that the petitioner, being a person in the service of the Republic, is protected under Article 135 of the Constitution of Bangladesh but the mandatory provision of this Article was not complied with in his case in that he was not given any opportunity......ion provides that the High Court Division may entertain an application under this Article filed by an aggrieved person if it is satisfied that there is no other equally efficacious remedy provided by law. Mr. Sirajul Hoque has contended that, the remedy by way of review is not equally efficacious an..Category: Civil Law, Constitutional Law | Date: 1 Feb, 1978 | Hits: 1
Fazlul Huq Chowdhury Vs. Govt. of Bangladesh, 1978, 7 CLC (HCD)
....he impugned order mainly on the ground that the petitioner, being a person in the service of the Republic, is protected under Article 135 of the Constitution of Bangladesh but the mandatory provision of this Article was not complied with in his case in that he was not given any opportunity......ion provides that the High Court Division may entertain an application under this Article filed by an aggrieved person if it is satisfied that there is no other equally efficacious remedy provided by law. Mr. Sirajul Hoque has contended that, the remedy by way of review is not equally efficacious an..Category: Administrative Law | Date: 1 Feb, 1978 | Hits: 1
Manager, Azizuddin Industries Ltd Vs. Abdus Satter and another, 1978, 7 CLC (HCD)
....egal effect. The impugned order is set aside. In the circumstances of the case, we make no order as to costs. M.H. Rahman J.-I agree. This Case is also Reported in: 31 DLR (HCD) (1979) 58 ......scribed will have effect from 1st July, 1973. In the case of implementation of any recommendation of Pay Commission, no notification was ever issued under Act XXXII of 1975, and as such in the eye of law implementation of any recommendation of the Pay Commission did not create any legal right. This ..Category: Labour and Industrial Law | Date: 27 Jan, 1978 | Hits: 1
Madhari Mia Vs. Surjat Ali, 1978, 7 CLC (HCD)
....ed from the subsequent suit as barred by the principles of res judicata”. In the other case of the same AIR Bombay (1945) it has been held: “Just as a plaintiff cannot evade the provisions of section 11 by combining several causes of action against the same defendant ......it denying the plaintiff's claim of title and possession altogether and questioned the very maintainability of the suit contending that it is barred by the principle of res judicata as well as by law of limitation. In view of these pleadings of the parties the learned Subordinate Judge decided t..Category: Civil Law, Procedural Law | Date: 20 Jan, 1978 | Hits: 1
Amulya Chandra Kundu Vs. Monendra Nath Biswas, 1978, 7 CLC (HCD)
....it by section 33 of the Sales Act. This section provides: “No sale for arrear of revenue, shall be annulled by a court except upon grounds of its having been made contrary to the provision of the Act and then only on proof that the plaintiff has sustained' substantial injury......ion having been directly contravened.” 6. Mr. SS Halder, the learned Advocate appearing to support the impugned decree of the learned Subordinate judge does not dispute this proposition of law as to a sale held illegally, but he has submitted that the learned Subordinate judge himself did..Category: Property Law, Tenancy Law | Date: 16 Jan, 1978 | Hits: 2
Amulya Chandra Kundu Vs. Monendra Nath Biswas, 1978, 7 CLC (HCD)
....it by section 33 of the Sales Act. This section provides: “No sale for arrear of revenue, shall be annulled by a court except upon grounds of its having been made contrary to the provision of the Act and then only on proof that the plaintiff has sustained' substantial injury......on having been directly contravened.” 6. Mr. S S Halder, the learned Advocate appearing to support the impugned decree of the learned Subordinate judge does not dispute this proposition of law as to a sale held illegally, but he has submitted that the learned Subordinate judge himself did..Category: Property Law | Date: 16 Jan, 1978 | Hits: 2
Abu Bakr Siddique Vs. M.V. Aghia Thalassini and others, 1977, 6 CLC (HCD)
....half of the owner (defendant No. 2) and has also been looking after the case. Now, rule 51 of the Appendix 5 of the Original Side Rules of this court lays down as follows:- “where no other provision is made by these rules proceedings in suits brought in the Court in the exercise of the ju......the ship who had already entered appearance was alone competent to prosecute the present application under section 34 of the Arbitration Act. The Captain of the ship is recognized under the law as the agent of the ship owner. I, therefore, find no substance in the objections raised by the ..Category: Admiralty Law or Maritime Law, Arbitration Law | Date: 20 Dec, 1977 | Hits: 39
Mohammed Chand Mia & others Vs. Barista Krishna Kundu & others, 1977, 6 CLC (HCD)
....ng Advocate for presenting before the District judge who is the proper court according to law. 2. Mr. Md. Nurul Huq, the learned Advocate appearing in support of the Rule has placed the relevant provision of law to contend that the learned District Delegate had no jurisdiction to entertain an a......istrict Delegate passed certain orders and by the impugned order he refused to return the petition to the filing Advocate for presenting before the District judge who is the proper court according to law. 2. Mr. Md. Nurul Huq, the learned Advocate appearing in support of the Rule has placed the..Category: Civil Law, Procedural Law | Date: 15 Dec, 1977 | Hits: 8
A. K. M. Abdur Rashid and others Vs. The State, 1977, 6 CLC (HCD)
....e Court in its record is required in the former and not in the latter. Where the Court had before it the order for bail, the bail bond and the fact that he petitioner did not produce the accused, the provisions of Section 514(1) were substantially complied with and the High Court would not be j......72thekernedAdditionalSessionsJudge and Ex-officio Special Judge granted bail to the petitioner No.3 or a bail bond of Rs. 2,000/-supported by two surety bonds one from local surety and another from a lawyer surety each for a sum of Rs. 2000/- each for a sum of Rs. 2,000/-. The allegations against th..Category: Criminal Law | Date: 15 Dec, 1977 | Hits: 1
....rsion or puts any blame or contains any statement that may adversely affect the employee's career, the employer is obliged to give an opportunity to the employee to place his case. In this regard provision for giving reasonable opportunity is beneficial both to employee as well as to employer an......ation that the order dated 22. 2. 66 of the Deputy Director of Public Instructions, Dacca Division, Dacca (defendant No. 2) terminating his service was void, invalid, illegal, ultra vires and without lawful authority and of not legal effect and that he was still in service of the Government.
2...
Category: Constitutional Law, Employment/Service Law | Date: 2 Dec, 1977 | Hits: 2
....erested in the properties which vested in the Custodian, Deputy Custodian or Assistant Custodian of Enemy Properly, as appointed by the Government of Pakistan or that of East Pakistan, in view of the provisions of Bangladesh (Vesting of Property and Assets) Order (President's Order No.29 of......ant and his co-sharers in possession, the absent co-sharer having relinquished his interest in favour of the appellant and other co-sharers, and that the possession of the appellant therein was not unlawful. Respondent No.2, Additional Sub-divisional Officer, Brahmanbaria, rejected the contenti..
Category: Property Law | Date: 29 Nov, 1977 | Hits: 112
Aftab Mia Vs. Wahab Ali and others, 1977, 6 CLC (HCD)
....rged but in the facts and circumstances of the case, I make no order as to costs. S.A. Choudhury J. Ed. This Case is also Reported in: 31 DLR (HCD) (1979)230. .......74 the pre-emptors could have on cause of action on 10.3.73 the day they filed this pre-emption application under section 96 of the State Acquisition Act as such the same is not maintainable in law. Mr. Hasib relied on series of decisions of this Court and .also of the Courts abroad, in suppor..Category: Property Law | Date: 25 Nov, 1977 | Hits: 2
Ibrahim Hossain and Delwara Begum Vs. Md. Khorshed Ali and others, 1977, 6 CLC (HCD)
....t admitting the fact that the Order 9, Rule 13 of the Code is applicable in that case the revision under section 115 of the Code of Civil Procedure is not maintainable as there is provision of appeal under Order 43, rule 1(d) of the Code of Civil Procedure. 7. The ......ion 4 of the Civil Procedure Code does not limit or otherwise affect any special Law. In other words, the provisions of the Code of Civil Procedure which run counter to the special or local law are excluded. This section does not bar the applicability of the Code where special or local law..Category: Property Law | Date: 17 Nov, 1977 | Hits: 2
Burmah Eastern Limited Vs. Assessing Officer, Narayanganj Range and others, 1977, 6 CLC (HCD)
....rarily without taking into account the proper valuation of oil storage tanks and without giving any opportunity of being heard, cannot stand. In the Urban Immoveable property Tax Rules, 1957 there is provision for first appeal before the Deputy Director of Taxation against the order of, assessment m......ndent No. 1 Assessing Officer, Narayanganj Range, demanding payment of Taka 80,165/- as Urban Immoveable Property Tax for the years 1957-58 to 1972-73 should not be declared to have been made without lawful authority and of no legal effect. The petitioner instead of filing separate applications impu..Category: Corporate Law | Date: 1 Sep, 1977 | Hits: 4
Begum Sayada Murguba Khatoon Vs. Dewan Shahifur Reza Chowdhury & another, 1977, 6 CLC (HCD)
....from the landlord…………….(17) Claims of set-off—Conditions-Not bared by limitations- Order 8, Rule 6 of the Code of Civil Procedure, 1908 The relevant provisions dealing with set-off are- (a) the suit must be for recovery of money (b) the claim demand......e Court to do so afterwards. The claim demanded to be set off must be legally recoverable from the plaintiff. The sum claimed as set-off which is; barred by limitation or barred under some other law cannot be deemed- to be legally recoverable. The payment of taxes and other dues to the loc..Category: Procedural Law, Tenancy Law | Date: 29 Aug, 1977 | Hits: 1
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