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Displaying 1761-1780 of 1984 results.
Hasan Imam Chowdhury Vs. Govt. of Bangladesh and others, 1981, 10 CLC (AD)
....ion is pregnant with any new issue which requires adjudication in separate proceedings. In this view of the matter, the appeal is dismissed without any order as to costs. Ed. ......stifiable or when a Government servant who has been dismissed, removed or suspended is reinstated the punishing or revising authority may grant to him for the period of bus absence from duty—(a) if he is honorably acquitted the full pay to which he would have been entitled if b..Category: Employment/Service Law | Date: | Hits: 101
Md. Matlabur Rahman & ors Vs. Madan Meah Chowdhury, 1981, 10 CLC (AD)
....h Court Division. In the result, the appeal is dismissed with costs. Order of the Court In view of the decision of the majority the appeal is allowed with costs. Ed. ......shy;shin' or making any 'wasiat' in this regard. After him respondent Madan Meah who is serving as the Khadem of the Darbarsharif for about 30 years and as the khadem of the Darbarsharif it is his duty to perform all functions of the Darbar till a 'Sajjadanashin' is appointed. After the death of..Category: Civil Law | Date: | Hits: 91
Amanullah Bhuiyan and others Vs. Abdul Hafiz and ors, 1981, 10 CLC (AD)
....m the date the decree is drawn and signed or it becomes executable. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 1981 BLD (AD) 210. ......d on 22-5-65. The decree could not be drawn and signed earlier as the required stamp-paper was not put in. A decree in a partition suit is an instrument of partition which is chargeable with stamp duty under article 45 of the Stamp Act, 1898, and unless it is duly stamped the decree is not admis..Category: Procedural Law | Date: | Hits: 106
Commissioner of Taxes & another Vs. M/s. Mullick Brothers, 1981, 10 CLC (AD)
....8 of 1978. Judgment Badrul Haider Chowdhury J. - This review petition by the respondents arises out of a judgment of this Division in Civil Appeal No. 108 of 1978. The appellant firm declared excess income on 15.7.69 in terms of Martial Law Regulation No. 32, known as Income Tax (Correctio......rom want of legal authority. In the result, therefore, this review application is allowed and the appeal is dismissed without any order as to costs. Ed. This Case is also Referred in: ..Category: Fiscal/Taxation Law | Date: | Hits: 98
Dr. Nurul Islam Vs. Bangladesh, 1980, 9 CLC (AD)
....ticular officer from a group of officers similarly situated on completion of 25 years of service. According to him, provision laying down some guideline was necessary only in cases of abdication or excessive delegation, but where the legislature did not abdicate or delegate its authority; there wa...... case in question so directs, he would not escape from the possibility of control by mandamus through adopting a negative attitude without explanation. As the guardian of the public interest he has duty to protect the interest of those who claim, to have been treated contrary to the public interes..Category: Employment/Service Law | Date: | Hits: 180
Khandaker Ehtehshamuddin Ahmed @ Iqbal Vs. Bangladesh and others, 1980, 9 CLC (AD)
....sdiction of a superior Court, unless the superior Court itself is satisfied that by such ouster clause the jurisdiction is ousted because the actions that had been performed ate not mala fide or in excess or in Coram non judice and in violation of the statute. Next, the other constitution of the l......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. ..Category: Constitutional Law | Date: | Hits: 292
Bangladesh and others Vs. Md. Abdur Rab, 1979, 8 CLC (AD)
.... the appeal is allowed without any order as to costs. The order of the High Court Division is set aside and the writ re-called. Ed. This Case is also Reported in: 33 DLR (AD) (19781) 143. ...... the most elementary assumptions upon which a person proceeds to join the armed or police force is that if he is punished by the authority under whose command he has been placed for any infraction of duty or responsibility, he cannot seek remedy from any ordinary civil authority. Any interference by..Category: Employment/Service Law | Date: | Hits: 102
Nani Gopal Saha Vs. Jatindra Lal Chowdhury and others, 1981, 10 CLC (AD)
....ourt according to law Validity of this order was challenged by the respondent by filing an application under Article 102 of the Constitution on the ground that the Tribunal acted in excess of its jurisdiction in remanding the ease to the Thana Magistrate for re-hearing ......s an order in excess of its power as provided under Articles 3 and 7 of the President's Order No. 13 of 1972. In the result, the appeal fails and it is dismissed with costs, Ed. ..Category: Constitutional Law | Date: | Hits: 153
Binode Behari Saha Vs. Nitya Gopal Shaha, 1980, 9 CLC (AD)
.... Advocate appearing for the appellant that the requirement of furnishing security bond as provided in section 17(1) is mandatory and not directory, and that being so the learned Single Judge acted in excess of his jurisdiction in extending time for filing a security bond, and then accepting it bey......ection (1) of section 17 of the Provincial Small Cause Courts Act. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 33 DLR (AD) 131. ..Category: Procedural Law | Date: | Hits: 147
Abdus Samad & ors Vs. Md. Sohrab Ali and others, 1981, 10 CLC (AD)
....ge cannot be sustained, therefore, the appeal is allowed with costs and the Judgment of the High Court set aside. Judgment and order of the lower Appellate Court are restored. Ed. ......y any means dependent upon initiation of the pre-emption proceeding either by a co-sharer tenant or owner of the land contiguous to the land of transfer. However, the section does not cast any duty upon the Court to find out through process of enquiry all the non-notified co-sharers if..Category: Property Law | Date: | Hits: 73
Shamuj Ali and other Vs. Kamalarma Bibi and others, 1980, 9 CLC (AD)
....the appellate court if appeal is preferred from the decree of reversal of the first appellate court. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: ......he jurisdiction to order restitution is inherent in the court and it flows not from any power which it may have to carry into effect the decree or order of the court but from the recognition of the duty which it owes to the suitors to take care that no injury is done to them by its act." 7. In..Category: Procedural Law | Date: | Hits: 111
Ful Chand Das and others Vs. Mohammad Hammad and others, 1982, 11 CLC (AD)
..... Section 4 (new) has been rightly found by the Special Bench to have no relation to the object of the legislation that is, Ordinance 1 of 1964 as promulgated on 12-2-1964, and it was in excess of the object, and the prevailing circumstances did not warrant the restriction. It has been......been brought about "in due course of business of the transferor". But the abnormal situation prevailing in the country at the relevant time led the plaintiffs to execute the sale deed, a duty is cast upon the Court to-adjudicate the dispute between the parties in the light of the Ordi&..Category: Property Law | Date: | Hits: 75
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. ...... indifferent, below average, that his contribution to the Department practically nil." Besides these adverse remarks, the Government's affidavit shows that he was generally careless, and negligent in duty, taking no interest in his work on the plea that his remuneration was not adequate, that he kil..Category: Constitutional Law | Date: | Hits: 188
Commissioner of Income Tax Vs. Chowdhury Ramzan Ali and another, 1982, 11 CLC (AD)
....n raised. 7. Mr. A. K. M. Mozammel Huq Bhuiyan, the learned Counsel appearing for the appellant canvassed that the orders of the Company Judge and the Appellate Court had been passed in excess of jurisdiction, inasmuch as section 67 of the Income Tax Act has barred the jurisdiction of ......, their Lordships of the Privy Council considered the above action and came to a conclusion that the Income Tax Act is a self contained Code. Under the Act the Income Tax Officer is charged with a duty of assessing the total income of the assessee. The correct meaning of the phrase "assessm..Category: Fiscal/Taxation Law | Date: | Hits: 85
Abdul Hamid Vs. Abdul Jabbar , 1982, 11 CLC (AD)
....o this modification the appeal is allowed, the order of the High Court Division is set aside and that of the Subordinate Judge is restored. There will be no order as to costs. Ed. ......he Privy Council while examining the question of restitution under section 144 of the Civil Procedure Code in ''Jai Berham Vs. Kadernath” AIR 1922 (PC) 269, has observed that it is the duty of the court to place, parties in the position which they would have occupied but for the wro..Category: Civil Law | Date: | Hits: 82
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. ......, rules and regulation including the service conditions of the said police force. Section 4 enumerates the offences made punishable under this Ordinance. (i) misconduct; (ii) dereliction of duty ; (iii) act of cowardice or moral turpitude ; (iv) corruption or having persistent repu..Category: Constitutional Law | Date: | Hits: 188
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: ......ces passed Acts in similar terms requiring their own Courts to answer questions put by the Provincial Governments. It was held that, it was intra vires of the respective Legislatures to impose this duty on the Courts. Though powers to that effect were not granted in express terms by the British No..Category: Constitutional Law | Date: | Hits: 327
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: ......e of any bill of lading of any goods carried into any part in England or Wales, in any ship, for damage done to the goods or any part thereof by the negligence or misconduct of or for any breach of duty or breach of contract on the part of the owner, master, or crew of the ship unless it is shown ..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)
.... Act of all the assets, wherever located, belonging to the assessee on the valuation date, including assets, required to be included in his net wealth as on that date under this Act, is in excess of the aggregate value of all the debts owned by the assessee on the valuation date other t...... 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
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:......, the principle has been stated as follows: "Every Statute, it has been said, which takes away or impairs vested rights, acquired under existing laws or created a new obligation, or imposes a new duty or attaches a new disability in respect of transactions or consideration already past must be p..Category: Fiscal/Taxation Law | Date: | Hits: 76
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