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Commissioner of TaxÂes, Dhaka (West) Zone, Dhaka Vs. Shahabuddin Ahmed, 1989, 18 CLC (AD)
....ereas section 60 of the Income Tax Act is a statuÂtory law and as such no notification under such law can control the sub-constitutional legislation. SecÂtion 60 reads as: — "60. (1) The (Government) may, by notiÂfication in the (official Gazette), make an exemption, reduction in rate......ed and the decisions of the courts below are afÂfirmed though not necessary on the same reasonings. There is no order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 162. ..Category: Fiscal/Taxation Law | Date: | Hits: 111
Government of Bangladesh & ors. Vs. Md. Hasan Shahid & ors., 2006, 35 CLC (AD)
....ths. Ed. ......intain status-quo in respect of appointment till disposal of the appeals. The petitioners are directed to make the appeals ready for expeditious hearing within 6 (six) months. Ed. ..Category: Employment/Service Law | Date: | Hits: 56
Divisional Forest Officer, Dhaka Forest Division Vs. Zahid Maleque and another, 2005, 34 CLC (AD)
....4 of 2004.) Judgement: Amirul Kabir Chowdhury J. - Divisional forest Officer, Dhaka and three other Officers of the Government seek leave to appeal against the judgment and order dated 13.12.2004 passed by the High ......fore, granted to consider the same. Preparation of paper book is dispensed with prayed for. The parties are directed to maintain status-quo till disposal of the appeal. Ed. ..Category: Property Law | Date: | Hits: 48
Md. Sarwar Vs. Bangladesh, 2005, 34 CLC (AD)
.... Rule. 2. The facts, in short, are that the petitioner along with two others filed writ petition No.2709 of 2003 stating, inter alia, that by gazette notification dated 7th October 1995 the Government appointed 75 Assistant Superintendents of Police under 15th BCS examination and by anoth...... the opinion that the High Court Division took a correct view and as such the impugned judgment does not call for any interference. The leave petition is, therefore, dismissed. Ed. ..Category: Employment/Service Law | Date: | Hits: 80
Mosharraf Hossain Chowdhury and other Vs. Md. Jahurul Islam Chowdhury & ors, 2006, 35 CLC (AD)
....ation money by Tofazzal for the transaction evidenced by Ext.1 and possession of the land of Ext.1 by Tofazzal Hossain and after him his heirs and payment of rent to the Zamindar as well as to the Government by Tofazzal Hossain and his heirs and failure on the part of the defendants to prove tha......t.1 but the Ext.3 reveals the conduct of the heirs of Tofazzal Hossain after his death and that it is also not known what was the nature of the ex-parte rent decree, that discrepancies in the body of the kabala and the schedule thereof (Ext.1) sufficiently indicates that Izzatullah Chowdhur..Category: Property Law | Date: | Hits: 67
Alhaj Sona Ullah Vs. Aminur Rahman, Sec, Min. of Work, BD Secretariat, DHK & ors., 2005, 34 CLC (AD)
....ted 14.01.2002 made the Rule absolute with the observations from the submission of the learned Assistant Attorney General, it is clear that so for no Gazette Notification has been published by the Government and as such the government should take immediate appropriate steps in this regard. ......sed on correct interpretation of law and we do not find any cogent reason to interfere with the judgment of the High Court Division. Accordingly the petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 33
Fazlul Kader Chowdhury Vs. Cyma Zarrar and another, 2006, 35 CLC (AD)
....-in-law of Cyma Zarrar, Cyma Zarrar herself and Fazlul Kader Chowdhury the second party petitioner jointly instituted Title Suit No. 291 of 1995 for injunction against Arab Bangladesh Bank and the Government. In another suit, being Title Suit No. 88 of 1998 at the instance of the first party res......Leave is granted to consider the same. Preparation of paper book is dispensed with as prayed for. The petitioner is directed to make the appeal ready for expeditious hearing. Ed. ..Category: Procedural Law | Date: | Hits: 154
State Vs. Md. Shahidul Islam @ H. M. Shahid, 2005, 34 CLC (AD)
.... In view of the discussion made above, we do not find any illegality in the impugned judgment and order. The petition having no substance is, therefore, dismissed. Ed. ......st Information Report was lodged on 13.03.2000. There was no acceptable explanation for the delay. 8. It transpires that the victim did not raise any protest nor complained to any body even when she was shifted from one place to another place in bus and other transport and was ..Category: Criminal Law | Date: | Hits: 34
Shabbir Ahmed Chowdhury Vs. State, 2006, 35 CLC (AD)
....find any legal grounds of quash the proceeding and as such the impugned order does not suffer from any error. The petition is found to be without any substance and is thus dismissed. Ed. ......find any legal grounds of quash the proceeding and as such the impugned order does not suffer from any error. The petition is found to be without any substance and is thus dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 57
Abdul Wahed Vs. Arun Kumar Ganguly & others, 1999, 28 CLC (AD)
....nted to consider whether the learned Single Judge of the High Court Division erred in law in setting aside the orders dated 21 October 1979 and 22 may 1982 upon a misconception that paragraph 8 of Government Memo. No.21-77/70/223 R-L dated 2 August 1972 has no application in respect of settleme...... and 22.5.82 are not legal and proper. The learned Single Judge having correctly decided the case the same calls for no interference. Accordingly, the appeal is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 35
Bangladesh Vs. Mst. Saleha Khatun and others, 2006, 35 CLC (AD)
....merit in the appeal. Accordingly the appeal is allowed with costs at all stages. Ed. ...... Evidence Act is not available to the same. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed with costs at all stages. Ed. ..Category: Property Law | Date: | Hits: 42
BRDB and others Vs. Md. Idris Ali Akond and others, 1998, 27 CLC (AD)
....pondent is to be guided the authority concerned in total disregard of the same not only put him under suspension but also removed him from service by the impugned order dated 11.8.84 under the Government Rules by which he is not to be guided; that the departmental charge of misappropri...... the order of dismissal passed by the defendants and not by the Government. The learned Advocate submits that the impugned decision is the result of a misconception that the defendant, a statutory body, cannot support its disciplinary action against their employee because of an alleged Governmen..Category: Employment/Service Law | Date: | Hits: 73
Nur Hussain and other Vs. Jamuna Bank Ltd and others, 2005, 34 CLC (AD)
....ll disposal of the appeal in Civil Petition No.20 of 2004. The petitioners are also permitted to add additional ground in Civil Petition No. 20 of 2004. Ed. This Case is also Reported in: ......k in strict compliance with the terms and conditions set by Bangladesh Bank and other regulatory authority only. Respondent No. 3 was not given any authority to make any monitory transaction with any body in connection with the share capital and the alleged letter of authority dated 06.06.2000 was n..Category: Banking Law | Date: | Hits: 185
Wega Fashion Sweater (PVT.) Ltd. Vs. Syed Sajeda Hossain & others, 2006, 35 CLC (AD)
....………………………Appellant Vs. Director Adjutand of Ansar & V.D.P. havÂing its office at Tikatuly & others ……………………Respondent (Civil Appeal No. 63 of 2004) Government of Bangladesh, represented by the secretary, Ministry of land and others……………â€......r the law (East Bengal Emergency) Requisition of Property Act, 1948 (East Bengal Act XIII of 1948) the government has no authority to release the property in favour of either the original owner or anybody else. The Government may also use such land for similar other public purpose. 10. It appears..Category: Property Law | Date: | Hits: 91
Bangladesh Shipping Corporation & others Vs. Mohammad Hossain & others, 2006, 35 CLC (AD)
.... others ..............................Respondents Judgment July 18, 2006 Case Referred to- Muhammad Aboo Abdullah Vs. Province of East Pakistan and the Chief Secretary, Government of Pakistan, PLD 1960 (SC) 164. Lawyers Involved: Mahmudul Islam, Senior A......ty" was the Board of Directors or any person authorized by the Board. After framing of the service regulations, the Board did not authorize the Managing Director to appoint anybody. The departmental promotion committee consisting of the Managing Director, Executive Director ..Category: Employment/Service Law | Date: | Hits: 91
Md. Akbor Hossain and others Vs. Md. Safiruddin and others, 2005, 34 CLC (AD)
.... No.873 of 1969 under section 143A of the State Acquisition and Tenancy Act and the order passed in Miscellaneous Case No. 9 of 1972 and the rent receipts showing payment of the rents to the Government are not documents of title, The defendant Nos.1 to 6 then preferred Other Appeal No. 33 ...... are of the view that the High Court Division on correct appreciation of law and facts gave its decision which does not call for any interference. The petitions are dismissed. Ed. ..Category: Property Law | Date: | Hits: 27
Secretary, Ministry of Home Affairs and others Vs. BSEHR, 2004, 33 CLC (AD)
.... organizations formulating and adopting a durable rehabilitation scheme to start with a Pilot Scheme for the purpose of the sex-workers of the country with a sense of security and then the Government should come out with legislation prohibiting prostitution and / or soliciting prostitut......h, calling for any interference by this Court. 17. On the reasons made above, the appeal is liable to be dismissed and hence it is dismissed without any order as to costs. Ed. ..Category: Constitutional Law | Date: | Hits: 150
Abdul Jabbar Vs. Sultan Ahmed and others, 2006, 35 CLC (AD)
....uch suit is pending in the same or any other Court in Bangladesh having jurisdiction to grant the relief claimed, or in any Court beyond the limits of Bangladesh established or continued by the Government and having like jurisdiction, or before the Supreme Court." 16. On peru...... be allowed. 19. The appeal is, therefore, allowed. The impugned judgment and order of the High Court Division is set aside. The parties do bear their respective costs. Ed. ..Category: Procedural Law | Date: | Hits: 105
Principal, Pabna Cadet College, Pabna, Bangladesh & anr Vs. A.B.M. Abdul Matin, 2006, 35 CLC (AD)
.... relief to the plaintiff as against the order of dismissal from service in a suit which was not maintainable. Accordingly the appeal is allowed without any order as to costs. Ed. ......udgment and decree passed by the Courts below. 7. Leave was obtained to consider the submission that under section 3(2) of the Cadet College Ordinance, 1964 Pabna Cadet College being a body corporate capable of "sue and to be sued" in its own name, the High Court Division e..Category: Employment/Service Law | Date: | Hits: 113
Md. Morzul Haque Vs. Government of Bangladesh & ors , 1995, 24 CLC (AD)
.... Present: Shahabuddin Ahmed CJ M. H. Rahman A.T.MAfzal J Mustafa Kamal J Latifur Rahman J Md. Morzul Haque .........Appellant Vs. Government of Bangladesh & ors .........Respondents Judgment March 3,1994. ...... interfere with its last order dated 23-5-91. The appellant impugned the order dated 28-9-91 in the writ petition. 3. The respondents did not file any affidavit - in - opposition and nobody appeared for any of the respondents the time of hearing. 4. The High Court Division..Category: Fiscal/Taxation Law | Date: | Hits: 112