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Ramjan Ali Mistry Vs. Md. Hedayelullah, 1978, 7 CLC (AD)
....td. Vs. Shri Ram Krishna Dalmia, AIR 1973 (SC) 425. In conclusion, we find no merit in this appeal, which is dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 183....... three questions which are as follows:- 1. Whether the Courts below on the evidence on record were well founded in law in holding, that the tenant did not deposit the rent in compliance with the provisions of Rent Control Ordinance, 1963. 2. There are some decisions of the Dacca High Court..Category: Property Law | Date: | Hits: 87
M/S Pak Jute Mills Ltd. Vs. Income Tax Officer and another, 1978, 7 CLC (AD)
....ere the rate of surcharge has been detailed. This point also fails. In the result, therefore, the appeal is dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 178. ......hat the bonus shares were not subject to any Income-Tax or super tax. He contended that the bonus shares were issued by capitalisation of its accumulated reserve fund created in accordance with the provisions of Section 15BB of the Income-Tax Act. The demand of the Income-Tax Officer that the bonu..Category: Fiscal/Taxation Law | Date: | Hits: 131
Zaminur Rahman & others Vs. Bangladesh & others, 1978, 7 CLC (AD)
....uraged. In the above premises the appeal is dismissed but in the facts and circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 171.......e out collection of Octroi of or Octroi post barrier or group of such posts barrier for a period for not exceeding one year at a time on such terms and conditions, not being inconsistent with the provisions of these rules, as it may deem fit.” 12. Mr. Ishtiaq Ahmed argues that the bid money..Category: Fiscal/Taxation Law | Date: | Hits: 112
Mullick Brothers Vs. Income Tax Officer and another, 1978, 7 CLC (HCD)
.... premises the appeal is allowed but without any order as to costs. The impugned demand notices are declared to be of no lawful authority. Ed This Case is also Reported in: 31 DLR (AD) (1979) 165.......r other legal instrument, and any custom or usage, the force of law in Bangladesh." The "existing law" have been saved by Article 149 of the Constitution which is as follows: — "Subject to the provisions of this Constitution all existing laws shall continue to have effect but may be amended..Category: Fiscal/Taxation Law | Date: | Hits: 122
Sonali Bank Vs. Mozaffor Hossain, 1997, 26 CLC (HCD)
....t of Subordinate Judge, Barisal is set aside and the ex parte decree dated 30-7-1983 is maintained. Order of stay stands vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 174. ......ee for Taka 41,487.20 had been awarded in favour of the plaintiff-Bank. 5. The defendant, thereafter, on 30-8-1993 filed an application being numbered as Miscellaneous Case No.66 of 1983 under the provisions of Order 9 rule 13 of the Code of Civil Procedure, for restoration of the suit to its fil..Category: Procedural Law | Date: | Hits: 80
Harunar Rashid (Md.) Vs. Subordinate Judge, (Artha Rin Adalat) Bogra and others, 1997, 26 CLC (HCD)
....92 (Annexure to the petition) is hereby declared to have been passed or made without any lawful authority and to be of no legal affect. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 170.......fraud, forgery and in deceitful means the petitioner obtained the money which could be treated as Rin within the definition of section 2(Kha) of the said Act. The settled principle of law is that the provisions of special statute has to be construed very strictly. In this case since there is no asse..Category: Civil Law | Date: | Hits: 71
Mohor Ranjan Pal and others Vs. State, 1997, 26 CLC (HCD)
....time of issuance of the Rules stand vacated. Let a copy of this judgment be sent to the learned Divisional Special Judge, at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 163. ......5(2) of the Prevention of Corruption Act No.II of 1947 and further observed: “Since 17 witnesses including the IO have been examined, the learned trial Court shall have to take care of the legal provisions for considering the evidences already on record after complying with the legal formalitie..Category: Criminal Law | Date: | Hits: 71
....down the lower Court records immediately.
Cost assessed by the lower Court in respect of the share of the suit land is maintained.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 156.
...... people the co-sharers’ attachment to their ancestral house and their anxiety to preserve the purdha and privacy of the members and inmates of the undivided dwelling house, the legislators made the provisions of section 4 of the Partition Act. The expression a dwelling house belonging to an undivi..
Category: Property Law | Date: | Hits: 63
Bainchitala Islamia Junior Madrasha Vs. Md. Abdur Rashid & others, 1997, 26 CLC (HCD)
....henidah in Miscellaneous Appeal No.54 of 1995 is set aside and the application dated 22-2-95 filed by the opposite parties is rejected. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 153.......rther submits that in view of the fact that the opposite parties have failed to show that they have succeeded to the Estate of their deceased father, they can neither be added as appellants under the provisions of Order I rule 10 nor under Order 22 rule 4 of the Code of Civil Procedure because in bo..Category: Property Law | Date: | Hits: 55
Shahnewaz Karim (Md.) Vs. State, 2009, 38 CLC (HCD)
....undertaking to produce the same before the Court on and when directed by the same. Copy be sent down at once. Ed. This Case is also Reported in:62 DLR (HCD) (2010) 67; 18 BLT (HCD) (2010) 5. ......ent and order of the leaned Sessions Judge passed in Criminal Revision No.69 of 2008 being illegal and abuse of the process of the Court must be struck down and set aside. 19. In view of the above provisions of section 516A of the Code, the Court is entitled to release the property in the Jimma o..Category: Criminal Law | Date: | Hits: 110
Jamil Akhter Elahi (Md.) Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....ion is misconceived and the Rule is liable to be discharged. In the result, the Rule is discharged but without any order as to cost. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 64.......cture of expenditure (Anncxure-4). 15. Admittedly the Sonali Bank Limited was a nationalized Government bank under PO 26 of 1972 but of late, it was incorporated as a banking corporation under the provisions of the Companies Act, 1994. Since its entire shares are held by the Government, we are of..Category: Others | Date: | Hits: 134
Islam Enterprise Vs. Commission of Taxes Zone-3, 2007, 36 CLC (HCD)
....he applications under section 173 of the Ordinance in the negative and against the revenue and in favour of the applicants. No costs. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 59.......sed by it so as to correct any error apparent from the record either of its own motion or on the error having been brought to its notice by the assessee or any other income tax authority and all the provisions of this Ordinance as may be applicable shall have effect accordingly'' (underlined by us)..Category: Fiscal/Taxation Law | Date: | Hits: 97
Nasiruddin (Md.) Vs. State, 2009, 38 CLC (HCD)
.... the result, the appeal is allowed with modification. Send down the Lower Court Records at once. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 49. ......similar notice has been taken in the case between Kashem Vs. State, reported in 2001 BLD 442 = 54 DLR 212, wherein it has been held that, ''The Court should not take too rigid a view regarding the provisions of section 103 of the Code. In the absence of any cogent reason to disbelieve the members..Category: Criminal Law | Date: | Hits: 79
....uit for declaration that her dismissal order dated 19-6-1997 from service was illegal, collusive and without jurisdiction, with a further declaration that she was still in service and for an order of mandatory injunction to the effect that the defendants should not restrain her from work and must gi......্ষা কমিটির অনুমোদন গ্রহণ করতে হবে।"
13. The dismissal from service is no doubt, a major penalty. On a simple perusal of the above quoted provisions of the said circular, it is clear that the provisions am mandatory which provides that a ..
Category: Employment/Service Law | Date: | Hits: 118
....
The leave petitions are disposed of with the above observations and modifications of the earlier as well as the impugned judgments.
Ed.
This Case is also Reported in: 17 BLC (AD) (2012) 91.
...... public employments and that for public appointments certain laws were made by the Central Government and Provincial Governments including the National Rural Employment Guarantee Act, 2005, providing provisions for giving employment to at least one member of a family for 100 days a year on paying wa..
Category: Employment/Service Law | Date: | Hits: 147
Abdul Mataleb Howlader and others Vs. State, 2003, 32 CLC (HCD)
....d by this Court earlier, stands vacated. Send a copy of this judgment to the Court concerned at once for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 607....... Mr. Md. Helaluddin Mollah, the learned Deputy Attorney General, opposes the Rule contending, inter alia, that the grounds as alleged by the learned Advocate for the petitioners do not come under the provisions of section 526 of the Code of Criminal Procedure. Secondly, he contends that there is no ..Category: Criminal Law | Date: | Hits: 86
Kazi Liakat Ali and others Vs. Chairman, Civil Aviation Authority and another, 2003, 32 CLC (HCD)
....harged. The order of stay granted by this Court at the time of issuance of the Rule is hereby vacated. We however, make no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 595.......the Rule, Mr. Rokonuddin Mahmud, learned Counsel for the petitioners, forwarded threefold arguments as follows Firstly, the appointment of the petitioners on daily basis is not consistent with the provisions of the "বেসামরিক বিমান চলাচল কর্তিপক্..Category: Employment/Service Law | Date: | Hits: 125
Abdur Rashid Chowdhury Vs. Additional District Judge and others, 2003, 32 CLC (HCD)
....by directed to proceed with the suit by issue of the summons/notice however, in accordance with law, expeditiously. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 573. ...... date fixed the plaintiff made an application for an order for issue of the summons upon the defendants. But the Court rejected the application and also rejected the plaint by impugned order invoking provisions of sections 5(1) and 110 of the Act. 19. The decision of the Court appears to be mainl..Category: Others | Date: | Hits: 185
Rashedul Alam Chowdhury Vs. ASM Shahajahan and another, 2011, 40 CLC (AD)
.... submits that non-mentioning of the mode of service of the notice and the date of receipt of the Notice amounts to non-service of notice under section 138 of the Negotiable Instruments Act. Hence a mandatory requirement of law has not been fulfilled and therefore the judgment and order of the High...... and orders of the High Court Division do not call for any interference by this Division. Accordingly, these petitions are dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 39...Category: Criminal Law | Date: | Hits: 75
Shahid Hamid and another Vs. Nilufar Momtaz and anothe, 2011, 40 CLC (AD)
....ctions. The Act provides for conciliation of the dispute and in the event of failure of conciliation, the aggrieved party may have recourse to Court of law for redress. The language of the section is mandatory and admits of no implications or exceptions. This section debars a Court from entertaining......be rejected on the ground that the provision of sub-section (1) of section 273 of the Cantonment Act was not complied with. It appears that the learned Joint District Judge rejected the plaint as the provisions of sub-clauses (9), (10) and (11) of clause 1 of the deed of lease were not complied with..Category: Property Law | Date: | Hits: 81
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