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Displaying 1861-1880 of 1984 results.
....bject to payment of premium of Tk. 1,48,30,562.00 and annual rent of Tk. 14,83,055.20. The appellant did not accept the extension and the conditions which it described as oppressively high, extremely excessive, arbitrary and unreasonable. The appellant addressed a representation to the President of ......was not maintainable.
28. With regard to the last point, the High Court Division has palpably taken an erroneous view of law. In order to enforce the performance by public bodies of any public duty by mandamus, the applicant must have a specific legal right to insist upon such performance. Th..
Category: Property Law | Date: | Hits: 68
Sec, Min of Food, Food Div., Govt. of Bangladesh, Dhaka & others Vs. M/s. MF Ltd, 1992, 21 CLC (AD)
....w that the lessee knew that the properties were liable to the octroi. 11. In the result, we find no substance in this appeal which is therefore dismissed. No order as to cost. Ed. ...... the instant case, production of a certificate to the effect that the property will be used for official purpose only goes to the matter of levying the tax called octroi. The rule does not cast any duty upon the tax‑collector to find out the purpose of the government as to how they will use..Category: Fiscal/Taxation Law | Date: | Hits: 92
Joynal Abedin and others Vs. Mafizur Rahman & others, 1992, 21 CLC (AD)
....o Khalil Patwari; that Jinnat Ali was owner of '72 acres in the properties of Khatian No. 236 but he fraudulently recorded his name in Khatian No. 233 as 15 gondas owner and recorded more lands in excess of his ' 72 acres in under raiyati khatian No. 236; that both the khatians are wrong and tha......, the judgment of the learned Single Judge suffers from legal infirmity and the same is liable to be set aside. In the result, the appeal is allowed without cost. Ed. ..Category: Property Law | Date: | Hits: 57
Mackinnon Mackenzie & C. (Pak.) Ltd Vs. Com. of Taxes Ctg (South) Zone, Chtg, 1992, 21 CLC (AD)
.... incurred for carrying on the business in this country. The High Court Division's answer to the question referred to is upheld. The appeal is dismissed with costs. Ed. ......g authorities. The Tribunal, instead of relying on assessee's own paper the Agreement, where the Director for the Company recorded his appreciation for the staff "for its loyalty and sense of duty particularly during the unrest period", was swayed by the oral submissions, made for the ..Category: Fiscal/Taxation Law | Date: | Hits: 84
Mujibur Rahman (Md) Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
.... The distinction between a law made by Parliament by an enabling power in the Constitution and the one by the plenary power under Article 65 may only be relevant in a case where the former is made in excess of the enabling power. There is nothing in the Act of 1981 that is exceptionable. 38. The......but the authority is to decide either a dispute or an offence and it is to decide on fact and apply the rules to them, without considering executive policy." Parliament has been absolved from the duty of setting up a court proper in Chapter III and that is an important point to remember. Jud..Category: Administrative Law | Date: | Hits: 203
Government of Bangladesh Vs. Chand Mia and others, 1992, 21 CLC (AD)
....f‑appellant. Hence the order portion of the lower appellate Court needs modification. The appeal is, therefore, allowed but with no cost. The plaintiffs suit is decreed. Ed. ...... that the central issue which agitated the mind of the Court was as follows: "The only point that centres round in the dispute is whether summons in Title Suit No. 305 of 1983 was duty served upon the defendant No. 2 or not". 11. By no stretch of imagination th..Category: Property Law | Date: | Hits: 56
Government of Bangladesh Vs. Aziz Molla, 1992, 21 CLC (AD)
....as a deed of transfer, forfeited the disputed 4.19 acres of land of the deed, and imposed a fine of Tk. 100.00 on plaintiff No. 2 under the provisions of Act XXXIII of 1951 for transferring land in excess of 10 standard bighas. 2. The Government, appellant before us, contested the suit as......ant‑Government is illegal, without jurisdiction and not binding upon the plaintiffs. Order of the Court By a majority decision the appeal is allowed without cost. Ed. ..Category: Others | Date: | Hits: 178
Government of Bangladesh Vs. Anis and Co. and others, 1991, 20 CLC (AD)
....peals are dismissed without any order as to costs. Order of the Court By majority decision the appeals are allowed without cost. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 65. ......m to the disputed cement on account of alleged lien on the cargo including charter hire and other charges and damages which is alleged to be the first charge on the cargo after the payment of customs duty and port charges. It was stated that its ship carried the cement from Iraq under a charter part..Category: Business or Commercial Law | Date: | Hits: 130
Nasrin Kader Siddiqui Vs. Bangladesh and others, 1992, 21 CLC (AD)
....ich the person concerned is committed is no crime or, if it is a crime, he has been committed for it by a person who has no jurisdiction so to commit him or if the sentence imposed upon him is in excess of that prescribed by law.” (283) (emphasis added) 33. The learne......has been said that no general rule can be laid down and that in every case the object of the statute must be looked at ... When the provisions of a statute relate to the performance of a public duty and the, case is such that to hold null and void acts done in respect of this duty would work..Category: Constitutional Law | Date: | Hits: 365
MA Wahab and another Vs. Abul Kalam and another, 1992, 21 CLC (AD)
....ehind his back and without his knowledge, the suit was rightly restored by the High Court Division on terms and we find no ground for interference. The petition is dismissed. Ed. ...... was meant to apply to the Pleader Commissioner who was conducting an investigation in the matter. It was not meant for the learned Advocates of the parties. He further submits that it was not the duty of the Court to inform the learned Advocate of the parties of the Court's various orders. It w..Category: Procedural Law | Date: | Hits: 99
Bangladesh Vs. Shamsuzzoha Nurul Amin Chowdhury and others, 1976, 5 CLC (AD)
.... of the three sons of Keamuddin Sardar. It is alleged that there was a proceeding before the Revenue Officer, Barisal who directed acquisition of Schedule 'Kha' properties which were found to be in excess under the provisions of the East Bengal State Acquisition and Tenancy Act 1950, The Revenue ......uired for the disposal of the suit over and above the evidence already on record. The appeal is allowed with the modification set out above but without any order as to costs. Ed. ..Category: Others | Date: | Hits: 142
FM Rashiduzzaman Vs. Bahauddin Ahmed and another, 1976, 5 CLC (AD)
....ted by the processionists, Mr, A. T. M. Afzal, learned Deputy Attorney General submitted that it could never be said that the police and for the matter of that, respondent Bahauddin Ahmed committed excess in the discharge of his official duty simply because one Asaduzzaman lost his life due to f...... section 197, Cr. P. C. is entitled to protection under the section before any evidence whatsoever is let in, suggesting that the said public servant was engaged in the discharge of an official duty; and (2) Whether any and every act done or committed by such a public servant in co..Category: Criminal Law | Date: | Hits: 66
M.A. Zaher and others Vs. Mainuddin Ahmed and another, 1976, 5 CLC (AD)
....g the appellant Khurshed Alam Khan for abetment of the offence of contempt of court and sentencing him therefor. In the result this appeal is dismissed. Ed. This Case is also Reported in: ......y the Civil Court directing the Chairman of the Narayanganj Municipal Committee not to hold the meeting for electing a Vice-Chairman. As a Secretary of the Naranyanganj Municipal Committee it was hit duty to bring to the notice of the Chairman that an injunction order was issued by the court prohibi..Category: Civil Law | Date: | Hits: 142
Swami Joytirghananda Vs. Deputy Commissioner, Khulna and others, 1976, 5 CLC (AD)
....er discharging the Rule are set aside and the Petition No. 245 of 1966 is restored to file for hearing according to law. There shall, however, be no order as to costs in this appeal. Ed. ......son who has initiated the action or his representative is present in Court to prosecute such action. The Court will not generally hear or decide an action in the absence of such a person. It is the duty of the party concerned to be present in Court to prosecute the action and the Court may in his..Category: Procedural Law | Date: | Hits: 89
Dacca Improvement Trust Vs. Waliullah and others, 1976, 5 CLC (AD)
.... a formal decree, as a matter of fact, was prepared after the filing of the said appeal. The result, therefore, is that the appeal is dismissed without any order as to costs. Ed. ......irection that the appellant should produce the certified copy of the decree as soon as it is supplied to him. In such a case it could be open to the High Court and we apprehend it would be its duty to direct the Subordinate Court to draw up the decree forthwith without any delay. On the..Category: Procedural Law | Date: | Hits: 99
Commissioner of Income-Tax, Dacca Zone, Dacca Vs. M/S. Ata Hossain Khan Ltd., 1975, 4 CLC (AD)
....that this appeal is allowed with costs and the judgment and order of the High Court are set aside and that of the Appellate Tribunal restored. Ed. This Case is also Reported in: 28 DLR (AD) 141.......made on the basis of the said method of accounting regularly employed by the assessee. But when the said provision is read along with the first proviso, it becomes clear that in such a case it is the duty of the Income-tax Officer to find whether for the purpose of assessment of tax income, profits ..Category: Fiscal/Taxation Law | Date: | Hits: 164
Jardine Henderson Ltd. Calcutta, India Vs. Commissioner of Income-Tax, Chittagong, 1976, 5 CLC (AD)
....pinion that the High Court took the correct view in answering the question referred to it under section 66(1) of the Income-tax Act. Both the appeals are dismissed with costs. Ed. ......e duties of the managing company as enjoined under the said Managing Agency Agreement comprised 'in the management of the factories and other properties lying in India and the duty of the Managing Company for looking after the Pakistani properties of the said mana..Category: Fiscal/Taxation Law | Date: | Hits: 114
Karnaphuli Rayon and Chemical Ltd. Vs. The Govt. of Bangladesh and others, 1976, 5 CLC (AD)
....shy;nufacture by the appellant Company is declared to have been issued without lawful authority and was of no legal effect. There shall be no order as to costs in this appeal. Ed. ......cle 5(b) of the Martial Law Proclamation read with Article 6(2) of the Provisional Constitution Order of 1969 before the High Court of East Pakistan for a declaration that the order imposing excise duty on the stockinet "hoses" manufactured by the Company was without lawful author..Category: Business or Commercial Law | Date: | Hits: 109
Khondkar Mohiuddin Vs. Syed Moin Ahmed, 1976, 5 CLC (AD)
....d by the evidence of P.W. 3 and P.W. 4 who were held to be competent and disinterested witnesses, to have been within 12 years from the date of the suit. The High Court seems to have acted clearly in excess of jurisdiction; in setting aside the judgement of the lower appellate Court and dismissing......dgment and decree of the High Court are set aside and the judgment and decree of the Court of Additional District Judge are restored. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 85. ..Category: Tenancy Law | Date: | Hits: 68
Syed Mofazzal Hossain Vs. The Election Commissioner and others, 1975, 4 CLC (AD)
....date is concerned, and setting an election of a successful candidate at naught without giving him an opportunity of being heard in contravention of the said mandatory provision would be clearly in excess of the jurisdiction of the Tribunal concerned. 23. On all these considerations, we have n......the setting aside of the election of the Vice-Chairman and the members is declared to have been without jurisdiction and as such void. Ed. This Case is also Reported in: (1976) 28 DLR (AD) 51. ..Category: Election Law | Date: | Hits: 122
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