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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. ...... Secretary. 2. Against the order of removal the respondents filed a review petition before the Review Board. The police after investigation submitted charge-sheet against the respondents and they were put on trial before the Magistrate, 1st Class, who afte..Category: Employment/Service Law | Date: | Hits: 92
....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:
......gation committee was illegally constituted, and that he was not given the opportunity to explain his position or adduce any evidence in support of his case. He further alleged that he received charge-sheet on September 9, 1967 asking him to show cause why he should not be dismissed from service on t..
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. ......In the first case the order was passed on 24-2-1977 and in the second case on 31-3-1977. 3. It seems an order of review was passed 6-10-1977 and the order by the Government was noted in the order sheet of the Special Martial Law Court on 5-11-1977. Khandker Moshtaque Ahmed filed writ petition on..Category: Criminal Law | Date: | Hits: 287
Md. Enayet Ali Vs. Munsif of First Court at Khulna & Election Tribunal and others, 1982, 11 CLC (AD)
.... Court By the majority decision, the appeal is allowed. The orders of the Courts below are set aside and the election petition is dismissed. There will be no order as to cost. Ed. ......ates as their persons or polling agents on the sealed packets. The Presiding Officers shall prepare the ballot paper account in Form "L”. He shall then send the packets, the count-sheets prepared by him and other relevant records to the Returning Officer without delay under esc..Category: Election Law | Date: | Hits: 121
Haripada Biswas Vs. State & another, 1982, 11 CLC (AD)
.... the decision of the High Court Division Is set aside and the proceedings in Criminal Miscellaneous Case No. 687 of 1978 of the Court of Sessions Judge, Bakerganj are hereby quashed. Ed. ......gedly sent a telegram to the Sessions Judge, Bakerganj making various allegations against Mr. Haripada Biswas, Magistrate, First Class. Jhalokati, the appellant, that he took signature on four sheets of blank white paper in his chamber purporting to show an amicable settlement of the dispute..Category: Criminal Law | Date: | Hits: 61
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: ...... is the limited function of the civil courts to determine whether the military have given fair consideration to each of these claims. The learned Attorney-General has produced before us the order sheet of the cases and assured us that the authorities mentioned in section 131 have duly considered..Category: Constitutional Law | Date: | Hits: 327
Al-Sayar Navigation Co. Vs. Delta International Traders Ltd. and ors., 1982, 11 CLC (AD)
....f the delay due to deviation and consequent loss of profit putting one Taka extra for each maund as incidental costs. The total comes to Tk. 7,22,040/-. He is further entitled to Tk. 14,000/- for the balance of the unclogging charges. The loss therefore recoverable is Tk. 7,36,040/-. 42. As again......im." 40. Keeping this principle in mind, let us analyse the consequences of ship owner's default. The plaintiff had shown his stock of 8,000 metric tons of salt and its disposal in his balance sheet at page 155 Part II of the Paper Book. 8,000m tons=2 lac 16 thousand maunds. At page 149, he h..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)
.... the various assets of the business in the following manner: (i) The net wealth representing the various assets shall be taken as the sum of the paid-up capital reserves and the balance to the credit of the profit and loss account, (ii) The liabilities shown in the ......ng the various assets shall be taken as the sum of the paid-up capital reserves and the balance to the credit of the profit and loss account, (ii) The liabilities shown in the balance sheet shall be carefully scrutinised so as to exclude every item which is not a liability proper. ..Category: Fiscal/Taxation Law | Date: | Hits: 78
Commissioner of Income Tax, Dacca Vs. Adamjee Sons Ltd., 1982, 11 CLC (AD)
....t in determining the value of the assets the Wealth Tax Officer while taking recourse to the provisions of section 7(2) (a) of the Wealth Tax Act can make such adjustment in valuation given in the balance sheet, as he thinks fit, in the facts and circumstances of '.he case. He furthe......termining the value of the assets the Wealth Tax Officer while taking recourse to the provisions of section 7(2) (a) of the Wealth Tax Act can make such adjustment in valuation given in the balance sheet, as he thinks fit, in the facts and circumstances of '.he case. He further canvas..Category: Fiscal/Taxation Law | Date: | Hits: 73
Commissioner of Income Tax Vs. Mrs. Masuda Khatun, 1982, 11 CLC (AD)
.... over to the following year for a similar distribution. This process will continue each year until the end of the tax-holiday period when the Company will be free to utilise the undistributed balance in any manner it likes. If the company does not comply with the requirement in any yea......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
Nurjahan Begum, wife of Mahmudur Rahman Vs. Mahmudur Rahman Mullick , 1982, 11 CLC (AD)
....ot paid on the day the work was completed due to shortage of fund. Kanchan Munshi, however, explained that he had not sufficient money to pay him only on the first day and second day; and that balance amount could not be paid as the plaintiff could not be traced. The question and answer do ......at is, Ramanath Das appeared, the plaintiff Mahmudur Rahman Mullick did not file any objection. He, however, seriously opposed the defendant's application for separation of Rent Account. The order-sheet Exhibit1 shows that the Revenue Authority overruled the objection by a long judgment. Portion..Category: Property Law | Date: | Hits: 448
Sonali Bank Vs. Abdul Mannan and others, 1981, 10 CLC (AD)
....pee demonetised notes to the Feni Branch of the then National Bank of Pakistan. As per the Regulation the equivalent of 9000/00 rupee demonetised notes were exchanged for the legal tender and for the balance he applied to the Area Committee for release of the same. The said Committee finally passed ......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
James Finlay and Co. Ltd. Vs. Chairman, Second Labour Court, Dacca and another, 1981, 10 CLC (AD)
....tion 25 of the Act and Civil Appeal Nos. 46 and 47 of 1978 are "disposed of accordingly and will abide by the decisions of the Labour Court. There will be no order as to costs. Ed. ......1973 was still pending before the Second Labour Court for adjudication on the Charter of Demands referred by the Government to the Labour Court, when the employer illegally drew up charge-sheet against the employee on February 16, 1973 alleging that in spite of direction upon him n..Category: Labour and Industrial Law | Date: | Hits: 91
Alhaj Md. Serajuddowlah Vs. The State, 1991, 20 CLC (AD)
....etitioner summarily. In the result, therefore, this appeal is allowed and the impugned proceeding pending in the Court of the Chief Metropolitan Magistrate, Dhaka is quashed. Ed. ......ions 406/420/4671468/471/109 of the Penal Code now pending in the Court of the Chief Metropolitan Magistrate, Dhaka. The proceeding has arisen out of Sutrapur PS Case No. 34 (8)/87 in which charge-sheet dated 13.12.87 under the aforesaid sections has already been submitted and cognizance taken o..Category: Criminal Law | Date: | Hits: 51
Tobarak Ullah Vs. Rani Gupta@ Sree Sriti Rani Gupta @ Stiti Rani Gupta & another, 1990, 19 CLC (AD)
.... Gupta agreed to sell the suit land to the appellant for a consideration of Tk. 5,100.00 out of which he received in advance, Tk. 4,600.00 and promised to execute a necessary kabala on receipt of the balance and completing other formalities. He, however, failed to execute the necessary sale deed and......ka 30,000.00 (thirty thousand only), to the appellant within 2 (two) months from date, failing which it will bear interest @ Tk. 15%. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 100. ..Category: Property Law | Date: | Hits: 64
Mst. Qaiser Khatoon and 12 others Vs. Mvi. Abdul Khaliq and others, 1973, 2 CLC (AD)
....of Bahawalpur on the 25th of June, 1949, with a court fee of Rs. 50/- along with an application under section 149 of the Code of Civil Procedure of that State for extension of time for putting in the balance court-fee of Rs. 1,045/-. The memorandum of appeal also had a note appended to it to the fol......ing his report a final decree for possession will have to be drawn up. Since success is divided each party will bear his own costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 104. ..Category: Civil Law | Date: | Hits: 117
Lutfar Rahman Vs. State, 1973, 2 CLC (AD)
....tion and sentence passed against the appellant under section 420 of the Penal Code are set aside and he is discharged of the bail bond. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 102 ......by the appellant in collusion with 2 members and the Chairman of the Union Council. Anti-Corruption Department made preliminary enquiries and filed F.I.R. and after investigation submitted charge-sheet against the accused persons. The case was tried by an Assistant Sessions Judge and Ex-offici..Category: Criminal Law | Date: | Hits: 84
Bangladesh Vs. Abdul Wadud and ors., 1973, 2 CLC (AD)
....ocuments are marked Exts. 1, 2, 2(a), 2(b), 3-3(j) for the plff. claim is proved. C. F. are correct. Ordered That the suit be decreed ex-parte with cost for Rs. 1, 72,317.70 only towards the balance dues including security deposit money plus Rs. 27,250/00 as compensation. The defdts. a......s remanded to the trial Court for disposal in accordance with law. In the circumstances of the case there will be no order as to cost. Ed. This Case is also Reported: 25 DLR (SC) (1973) 90. ..Category: Others | Date: | Hits: 103
Sirajul Islam Vs. State, 1973, 2 CLC (AD)
....and Social Welfare, Government of Pakistan. He took over charge of his office on 7-3-58 from Mr. Ghulam Mustafa. At that time, Hamid Hussain was the cashier in that office. On the said date, the cash balance, according to the cash-book, was Rs. 4,278,7-5. On 11-3-58, Hamid Hussain prepared a stateme......ourt and acquit the appellant. M. R. Khan, J.—I agree. Sajjad Ahmed Jan, J.—I agree. Wahiduddin Ahmed J.—I agree. Ed. This Case is also Reported in: 25 CLC (SC) (1973) 73. ..Category: Anti-Corruption Laws | Date: | Hits: 142
Chaudhury Muhammad Khan Vs. Sanaullah and others, 1973, 2 CLC (AD)
....the order dated 31st July, 1970, of the High Court granting bail to the respondent No. 1. He shall surrender to his bail bond forthwith. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 45 ......t date. Finally, two of the accused, namely, Abdus Sattar and Sadiq, who were in custody, decamped on 9-1-1971 and have not yet been apprehended. 11. Had the learned Judge examined the history sheet of the case, he would not have fallen in the error that the delay attributable to the accused ..Category: Criminal Law | Date: | Hits: 96
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