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Khandaker Ehtehshamuddin Ahmed @ Iqbal Vs. Bangladesh and others, 1980, 9 CLC (AD)
....at the order passed by this Division staying execution of the sentence to continue for further ten days from the date of this order. Ed. This Case is also Reported in: 33 DLR (AD) (1981) 154. ...... 21-9-78 Secretary". 13. Mr. M.H. Khandker strenuously argued that the above extract sufficiently indicat..Category: Constitutional Law | Date: | Hits: 292
Khadomul Islam Chowdhury Vs. Bangladesh and others, 1981, 10 CLC (AD)
....for disposal in accordance with law. Let the operation of the order dated 12th July. 1979 be stayed till the disposal of the matter in the High Court Division There will no order as to costs. Ed. ......notice dated July 21,1976 issued by Respondent, Special Additional Land Acquisition Officer (D.I.T.) in L.A. Case No. 10 of 1963-65, and the order dated September 10, 1977 pasted by Respondent, Joint Secretary, Ministry of Land Administration and Land Revenue, setting aside the order of his predece..Category: Constitutional Law | Date: | Hits: 160
Ful Chand Das and others Vs. Mohammad Hammad and others, 1982, 11 CLC (AD)
....ent of the High Court Division is maintained. Consequently, this appeal stands dismissed without any order as to costs. Ed. This Case is also Reported in: 3 BLD (AD) 1983, 68. ......elled, On appeal by the defendant No. 2 a Division Bench of the High Court Division concurred with the trial Court's findings of fact, but relying on a decision in the case of Chittaranjan Sutar v. Secretary, Judicial Department, Government of East Pakistan, 17 DLR Dacca 451, held that the sale-..Category: Property Law | Date: | Hits: 75
Govt. of Bangladesh Vs. Md. Arshad Ali, 1982, 11 CLC (AD)
....l Islam J.— In this appeal by special leave the question for our consideration is whether the provision of "reward" as contained in rule 7 of the Resolution of the Ministry of Finance dated 18-8-58, confers a right which can be enforced by a writ petition. 2. Responde......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)
....ng the period in question and which had not been installed in Pakistan." (ii) Whether the insertion of the word 'in Pakistan' after the words has been installed" by the Finance Act of 1967 (Act XII of 1967) in section 10(2) (vi) and rules 9(old Rule) of the Income ......esult, therefore, both the appeals are allowed. The judgement of the High Court Division is set aside and the orders of the Tribunal are restored. There will be no order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 114
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. ......urt Division in so far as it declared section 7 of Act XII of 1974 ultra vires the Constitution 9. In Civil Appeal No. 124 of 1981 the respondent, Burhanuddin Ahmed, a government servant, was Secretary of the Ministry of Textiles, Government of Bangladesh, when he was retired from service by..Category: Constitutional Law | Date: | Hits: 188
Bangladesh Vs. Md. Misfor Ali and others, 1982, 11 CLC (AD)
....ges, the appeal must succeed. Therefore, the appeal is allowed. The judgment of the High Court Division is set aside and the Writ Petition is dismissed. We make no order as to costs. Ed. ......vil) Present: Kemaluddin Hossain CJ F. K, M. A Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Bangladesh represented by the Secretary, Ministry of Power and Water Resources ……………… Ap..Category: Employment/Service Law | Date: | Hits: 92
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. ......vil) Present: Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Bangladesh represented by the Secretary, Ministry of Public Works and Rural Development and another ………&hell..Category: Employment/Service Law | Date: | Hits: 87
Commissioner of Income Tax Vs. Chowdhury Ramzan Ali and another, 1982, 11 CLC (AD)
....uch the assessment order is bad in law. Reference to section 3 also does not improve the case." 6. Next it was held that section 10(2)(vii) of the Income Tax Act was amended by the Finance Act with effect from 30.6.62 but there is "nothing in the amended section to see that ......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. ..Category: Fiscal/Taxation Law | Date: | Hits: 85
Hajee Khabiruddin Ahmed Vs. Md. Salam Kabir, 1982, 11 CLC (AD)
....ter the lapse of a reasonable time. For the reason stated above, the appeal is allowed with costs. The judgment of the High Court Division is set aside and that of the trial court restored. Ed. ...... of the respondent's firm at 10, Bangabandhu Avenue was affixed upon it. There was also a signature thereon. DWs' 3, 5 and 6 stated that the seal was not of the respondent's firm. D.W.5, who is the Secretary, denied that the signature on the acknowledgement receipt, Exhibit 6, was not his. Also ..Category: Tenancy Law | Date: | Hits: 67
....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:
......t been proved to have contravened 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 ..
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. ...... J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Khondker Moshtaque Ahmed………………………. Appellant (In both the appeals). Vs. Bangladesh through the Secretary, Ministry of Home Affairs……….. Respondent (In both the appeals). Judgment No..Category: Criminal Law | Date: | Hits: 287
Bangladesh Vs. Hon'ble Judge, Prize Court, HCD, Supreme Court Building, Dacca, 1982, 11 CLC (AD)
....in the custody of the Prize Court and can only be disposed of by a judicial order of the said Court an appropriate proceeding Further the Government may apply through a Secretary in the Ministry of Finance for distribution and investments of the fond by way of a formal proposal and working ...... the State it is to be kept in the custody of the Prize Court and can only be disposed of by a judicial order of the said Court an appropriate proceeding Further the Government may apply through a Secretary in the Ministry of Finance for distribution and investments of the fond by way of a ..Category: Others | Date: | Hits: 116
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. ......t but by way of appeal of an administrative kind. It has been further observed that if the service under the Crown would not have been at the pleasure of the Crown, the remedy by suit against the Secretary of State in Council for a breach of contract of service would have been available to the p..Category: Constitutional Law | Date: | Hits: 188
Bangladesh Vs. Winifred Rubi & ors., 1982, 11 CLC (AD)
.... 7. In the result, therefore, this appeal is allowed. And the Judgement of the High Court Division are set aside and the writ petition is dismissed. There will be no order as to cost. Ed. ......id that an order of requisition for providing accommodation to a public officer where absence of such accommodation would impair the efficiency of public service is a public purpose (HF. Pettit vs Secretary of State) A.I.R 1914 P.C 21 but property requisitioned from the Government Servant for ac..Category: Property Law | Date: | Hits: 65
Md. Habibur Rahman & ors. Vs. Hasen Ali Mondal and others, 1982, 11 CLC (AD)
....atal so as to nullify the notification issued on February 4, 1980. The appeal is allowed. The order of the High Court Division is set aside and the Writ Petition dismissed. No costs. Ed. ......atal so as to nullify the notification issued on February 4, 1980. The appeal is allowed. The order of the High Court Division is set aside and the Writ Petition dismissed. No costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 100
Jamil Huq and 11 others Vs. Bangladesh and others, 1981, 10 CLC (AD)
....lication under Article 104 of the Constitution is rejected. The verbal prayer for stay of the execution of the sentences made by Mr. MH Khandker is refused. Ed. This Case is also Reported in: ......hondker Ehteshamuddin alias Iqbal vs. State (1981) 33 DLR (AD) 154; Mask & Co. 44 CWN 709; Amisminic vs. Foreign C. (Commission) 1969(1) All ER 208; Ex Rel, French vs. Weeks, 259 US 326; R. vs. Secretary of State for War 1949(1) All ER 242; R. vs. O/C Depot Battalion 1949, All ER 373; Burns vs..Category: Constitutional Law | Date: | Hits: 327
Commissioner of Income Tax Vs. Mrs. Masuda Khatun, 1982, 11 CLC (AD)
....on 4(1), section 4(3) (xv), section 10 and section 12. 5. If the provision of the enactment is looked at it is found that income tax is charged for any year at the rate fixed by the relevant Finance Act in respect of the total income of the previous year of any person (sec.3). "Perso......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. ..Category: Fiscal/Taxation Law | Date: | Hits: 75
Mrs. H Mansur & ors Vs. Sec. Min. of Pub. Works & Urban Dev., Pub. Works Div, GoB, 1982, 11 CLC (AD)
....ed with costs. The order of the High Court Division is set aside, and the impugned order of cancellation of the lease deed declared to have been passed without any lawful authority. Ed. ......bsp; J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Mrs. Husna Mansur and others......................................Appellants Vs. Secretary, Ministry of Public Works and Urban Development, Public Works Division, Govt. of Ban..Category: Property Law | Date: | Hits: 53
Sonali Bank Vs. Abdul Mannan and others, 1981, 10 CLC (AD)
....ion of the appellant Bank by holding that the Circular No. PCM/53-75 dated 29th November 1975, had any bearing in the facts and circumstances of the case. The Circular and memo of the Ministry of Finance dated 27.10.75 to the effect that the Government had decided not to allow the payment of the......ecame a debtor. The High Court Division has rightly issued the writ. In the result, therefore, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: ..Category: Banking Law | Date: | Hits: 129
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