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Ishaque Khan (Md) and another Vs. Trading Corporation of Bangladesh, 1992, 21 CLC (AD)
....rospective effect, but it will be effective from the date it was passed, namely 4.5.1987. Subject to this observation, the appeal is dismissed without, however, any order as to cost. Ed. ......1985, 137/1985, 21/1986 and 33/1986 refusing thereby to interfere with the order of provisional removal of all the petitioners of those Writ Petitions including the appellants before us from their service under the respondent, the Bangladesh Trading Corporation, briefly the "Corporation&quo..Category: Employment/Service 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. ......f the Pakistan Supreme Court in Md. Ismail vs. Province of East Pakistan, 16 DLR SC 438 to the effect that "when the party concerned came to know about the order of requisition of a property, service of the notice was not of much importance. It was a case of requisition of immovable propert..Category: Fiscal/Taxation Law | Date: | Hits: 92
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. ......,21,859.00 incurred respectively against the following two item, Nos. 6 and 7 of the Agreement: “6. Ex Gratis 1‑1/2 month's gross salary for, each completed year of service or part therefor. 7. Cyclone/Flood Loans: All deductions to be waived as..Category: Fiscal/Taxation Law | Date: | Hits: 84
Mujibur Rahman (Md) Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
.... the Supreme Court which exercises the judicial power of the State. I concur again with the decision of my learned brother, MH Rahman J. Ed. This Case is also Reported in: 44 DLR (AD) 111. ......n a simpler form: Whether Article 117 of the Constitution applies to the Appellate Tribunal? 2. The appellant in Civil Appeal No. 35 of 1987, Md. Mujibur Rahman, was compulsorily retired from his service as the Collector of Customs. The Administrative Tribunal set aside the order of retirement b..Category: Administrative Law | Date: | Hits: 203
Jamuna Oil Company Limited and another Vs.SK Dey and another, 1992, 21 CLC (AD)
....d judgment of the High Court Division as well as the decree passed by the two Courts below. The appeal is, therefore, allowed and the suit of respondent No. 1 is dismissed. No costs. Ed. ......ge, 3rd Court, Dhaka dated 31.10.89 in Title Suit No. 169 of 1984, decreeing the suit. 2. Respondent No. 1 as plaintiff instituted the suit for a declaration that the order of dismissal from service passed by defendant No. 1 Appellant Jamuna. Oil Company Ltd. on 23.3.79 is illegal, malafi..Category: Employment/Service Law | Date: | Hits: 89
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. ......stantially satisfied". 8. Leave was granted to consider the appellant's submission that the mandatory provisions contained in Order V, rules 16 and 18 of the Code of Civil Procedure for service of summons having not been observed in this case the High Court Division committed an error..Category: Property Law | Date: | Hits: 56
Mohammad Ali & others Vs. Circle Officer, (Revenue) Dhaka and others, 1992, 21 CLC (AD)
....tion of delay and ultimately found reasonable explanation for the delay in filing the appeal". All in all, it was done within the limits of its revisional powers. The petition is dismissed. Ed. ......tion of delay and ultimately found reasonable explanation for the delay in filing the appeal". All in all, it was done within the limits of its revisional powers. The petition is dismissed. Ed. ..Category: Limitation Law | Date: | Hits: 185
Pradhip Das alias Shambhu and others Vs. Kazal Das Sarma and others, 1991, 20 CLC (AD)
....sion is upheld, though on different grounds as given above. The appeal is, therefore, dismissed without, however, any order as to cost. Ed. This Case is also Reported in: 44 DLR (AD) 1. ......e proper y is a transfer of a right to enjoy such property, made for a certain time, express or implied, or in perpetuity, in consideration of a price paid or promised, or of money, a share of crops, service or any other thing of value, to be rendered periodically or on specified occasions to the tr..Category: Tenancy Law | Date: | Hits: 97
BD Jatiya Matshajibi Samabaya Samity Ltd. Vs. Chairman, Labour Court, Ctg & anr.,1976, 5 CLC (AD)
....med the order of the Labour Court is set aside. The order of the Labour Court is also set aside and the petition of Respondent No. 2 is dismissed. There will be no order as to costs. Ed. ...... from 7th December, 1968 pending drawing up proper proceeding. Charge-sheet was submitted against him on 21st January, 1969 with a direction to show cause as to why he should not be dismissed from service for his misconduct. Assistant Registrar of the Co-operative Society, Chittagong was appoint..Category: Labour and Industrial Law | Date: | Hits: 144
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: ......ent of such offence and as such the appellant could not be convicted as an abettor. The evidence shows that the notice of injunction could not be served upon the Chairman personally. Failing personal service, the process server did not unfortunately serve the notice by hanging on any conspicuous pla..Category: Civil Law | Date: | Hits: 142
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. ......aining the appellant and others from enforcing the requisition and/or acquisition and disturbing thereby the possession of Respondents No. 1 and 2 in the property in suit. 3. After the service of the notices of the suit the appellant, namely, Dacca Improvement Trust, which is defenda..Category: Procedural Law | Date: | Hits: 99
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. ......;ging company to be concerned about. He has further contended that the Managing Agency Agreement having provided that the managing company would receive, by way of remuneration of their service of general management of the managed company's business transactions, properties etc. a com..Category: Fiscal/Taxation Law | Date: | Hits: 114
Haji Md. Shariatullah Vs. Ashrafun Nessa Bibi and others, 1976, 5 CLC (AD)
....g regard to the considerations made above we find no substance in this appeal. It is accordingly dismissed with costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 91. ......stigation of Respondent No. 2, the purchaser. The entire case of the appellant, as sought to be made out in the executing court, was that the compromise order or pre-emption having been made after service of necessary notice upon Respondent No. 1, as required under section 96(2) of the Act, was ..Category: Property Law | Date: | Hits: 77
Khondkar Mohiuddin Vs. Syed Moin Ahmed, 1976, 5 CLC (AD)
....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. ......fendant had entered into the disputed premises in August, 1950 and as such the suit was not barred by limitation, and that the defendant having been found to be a trespasser, there was no question of service of notice under section 111 (g) of the Transfer of Property Act. 6. The learned Addition..Category: Tenancy Law | Date: | Hits: 68
The Com. of Income-tax Chittagong zone, Ctg. Vs. M/s Everett Orient Line Corpn, 1976, 5 CLC (AD)
....ght in so far it allowed the three assessees' initial depreciation under s. 10(2)(vi) of the Act. We find no reason to interfere. All the three appeals are dismissed with costs. Ed. ......, it was observed that the expression 'installed' did not necessarily mean fixed in position but also mean used in the sense of inducted or introduced or to place an apparatus in position for service or use. On this analogy we can very well say that introducing a ship for ..Category: Fiscal/Taxation Law | Date: | Hits: 134
Government of Bangladesh & ors Vs. M/s. Samir & Co, 1976, 5 CLC (AD)
....ct, and therefore no question of irregular exercise of jurisdiction does arise in this case. The result therefore is that this appeal is dismissed but there shall be no order as to costs. Ed. ......such the Court had no jurisdiction to appoint an arbitrator under section 8 of the Arbitration Act. 6. One of the objections which was seriously pressed at the time of the hearing was that the service of a copy of an application under section 8 of the Arbitration Act could not be taken to b..Category: Alternative Dispute Resolution | Date: | Hits: 258
Matilal Sikder & ors Vs. Benodini Dasi, being dead her heirs Bepin B Das & ors, 1976, 5 CLC (AD)
....ordinate Judge are restored. As there is no appearance on behalf of the respondent there; shall be no order as to costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 5. ......-sharer tenants or-holders of contiguous lands shall have to apply within the period referred to in sub-section (1) i.e., 4 months from the date of knowledge, or within 2 months of the date of the service of the notice of the application, whichever is earlier, and such of the persons as hav..Category: Property Law | Date: | Hits: 54
Golam Hafez Mia Vs. Khadem Ali Meah, 1977, 6 CLC (AD)
....s of the arrival of the records in the court below, shall be dismissed with cost. The cost of this appeal shall abide the result of the suit. Ed. This Case is also Reported in: 29 DLR (SC) 311. ...... did not acquire a valid title in the certificate sale, and the other was that he was not in possession of the property. 2. The trial court held against the plaintiff in that there was no proper service of certificate of notice under section 7 of the Public Demands Recovery Act, and as such t..Category: Property Law | Date: | Hits: 82
Mansur Ali Vs. Bangladesh and another, 1977, 6 CLC (AD)
.... For the reasons we allow the appeal, set aside the orders of the High Court Division, accept the reference of the Sessions Judge Dacca, and quash the proceedings. Ed. ......ispute may be set out, so that question of law can be appreciated in its true perspective. The appellant, an Assistant Registrar of the Co-operative Societies, is a Government servant, and his service was placed at the disposal of the company on foreign service basis. The Government's order ..Category: Employment/Service Law | Date: | Hits: 81
Mosharraf Hossain Vs. Bangladesh Jute Industries Corporation and others, 1977, 6 CLC (AD)
....gned order has anything to do with the non-suiting of the plaintiff, if he has an arguable case on merit. For these reasons we find no merit in this petition. It is dismissed. Ed. ......first place it is a principle for the grant of temporary injunction that, if permanent injunction cannot be granted, temporary injunction should not ordinarily be granted. In a suit concerning service matter by an officer of a nationalised organisation no permanent injunction is available t..Category: Procedural Law | Date: | Hits: 107