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Daulatpur Jute Mills Ltd. Vs. Income Tax Officer and ors., 1972, 1 CLC (HCD)
....the Business Profits Tax Act came up for consideration and the Division Bench of the West Pakistan High Court held : "As already pointed out, since the petitioners acquired vested rights in respect of the Business Profits Tax Assessment for the chargeable accounting period endi..Category: Fiscal/Taxation Law | Date: | Hits: 106
Serajul Hoque Muktar and others Vs. ARM Mustanesar Billah & others, 1972, 1 CLC (HCD)
.... will not be bound by an order made in a proceeding under section 145 CrPC to which he is not a party. It was further found in the said case that where the husband of the plaintiff had ignored the rights of the plaintiff and had set up his own rights in the land it is not possible to say that th..Category: Property Law | Date: | Hits: 69
Shuk Deb and another Vs. Province of East Pakistan, 1972, 1 CLC (AD)
....ent of legal possession of the property, cannot but be termed as unauthorised occupiers of the same and, therefore, the Assistant Custodian was within his legal rights to ask Shuk Deb and others to vacate the said property. 5. The petitioners produced b..Category: Property Law | Date: | Hits: 76
Rahman Ali Vs. Upendra Lal Sarkar, 1972, 1 CLC (AD)
....ot;Presumption which is stated in sub-section 5 of section 5 of the Bengal Tenancy Act is a weaker presumption than the presumption that attaches to the entry in the finally published record-of-rights. Where the lower appellate Court had evidence before it to come to a finding that the presu..Category: Property Law | Date: | Hits: 67
Azizur Rahman Vs. Hedayet Ahmed Chowdhury and others, 1972, 1 CLC (AD)
....n 1947 and accordingly, there was no necessity of praying for further relief in this matter. All that the plaintiffs wanted was to remove the cloud created due to the erroneous entry in the record of rights and refusal by the Government to accept rent from them. In view of the above, the decisions c..Category: Civil Law | Date: | Hits: 137
Phoenix Leasing Ltd and others Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)
.... the said Act. The impugned letter dated 26-4-97 was issued for, compliance with section 25 (3) of the said Act. 8. The High Court Division found that there was no violation of fundamental rights of the petitioners as urged by them. 9. Dr. M. Zahir, learned Counsel for the petit..Category: Business or Commercial Law | Date: | Hits: 96
Salma Khatun and others Vs. Zilla Parishad, Chittagong, 1999, 28 CLC (AD)
.... While the trial Court decreed the suit the High Court Division in First Appeal dismissed the suit. 5. Dr. Rafiqur Rahman, learned Counsel for the plaintiff-petitioners submits that the record of rights have all along been prepared in the name of the plaintiffs’ predecessors. True, but the pla..Category: Tenancy Law | Date: | Hits: 82
Junnur Rahman Vs. Bangladesh Shilpa Rin Sangstha (BSRS) and others, 1999, 28 CLC (AD)
....s out of 100 marks for interview and making 18 marks as pass mark. This system paved the way for arbitrary action on the part of the promotion committee and it was thus violative of the fundamental rights guaranteed under Articles 27 and 29 of the Constitution. The petitioner alleged that not on..Category: Employment/Service Law | Date: | Hits: 63
Pradip Kumar Chakraborty Vs. Jamila Khatun Bibi & ors , 1999, 28 CLC (AD)
.... seva puja, but most of his co-shebaits had left for India and those who were still residents at Dhaka had not been taking any step to recover the said endowed property, in order to safe-guard the rights of deity. 4. During the pendency of this suit Hem Chandra Chakraborty died on 7 Sep..Category: Family Law | Date: | Hits: 156
Secretary, Ministry of Establishment, GoB & Ors. Vs. Md. Jahangir Hosain & 65 ors, 1999, 28 CLC (AD)
.... the republic and others are left out, the list being prepared by the executive without backing of any law, those left out persons may invoke writ jurisdiction for enforcement of their fundamental rights under article 27 and 29 of the Constitution for getting appointment as others of the list&he..Category: Employment/Service Law | Date: | Hits: 81
GM, Janata Bank Vs. Md. Shah Alam Sarker, 1999, 28 CLC (AD)
.... may make an application to an Administrative Tribunal under sub-section (1), if he is aggrieved by any order or decision in respect of the terms and conditions of his service including pension rights or by any action taken in relation to him as a person in the service of the Republic or of ..Category: Administrative Law | Date: | Hits: 148
Government of Bangladesh and Ors Vs. Mohammad Faruque, 1999, 28 CLC (AD)
....on did not authorise the Inspector General of Registration to transfer the 3rd and 4th class employees of his office and it was done malafide. As the respondent has come to protect his fundamental rights under Articles 27, 29 and 31 of the Constitution the writ petition was maintainable. ..Category: Employment/Service Law | Date: | Hits: 68
State, rep. by the Solicitor, Govt. of Bangladesh Vs. Giasuddin and others, 1999, 28 CLC (AD)
....examined by the prosecution, the High Court Division observed. PW 1 also could not say whether they were paying rent for the purchased land or whether their names have been mutated in the record of rights or not. The High Court Division found that it was not at all clear what prompted the accused..Category: Criminal Law | Date: | Hits: 80
Lt Genl Abu S Mohammad Nasim (Retired), BB psc Vs. Bangladesh, 1999, 28 CLC (AD)
....he Indian jurisdiction are cases in respect of civilian employees where malafide has been taken into consideration. 7. AR Yousuf next contends that the petitioner did not invoke fundamental rights and this petition was under Article 102(1)(a)(i) of the Constitution. Yet the High Court Div..Category: Employment/Service Law | Date: | Hits: 77
Kochi Mia @ Khocha Mia Vs. Suruj Mia being dead his heirs Md Fazlur Rahman & ors., 1999, 28 CLC (AD)
....dants collusively got the land recorded in their names though they have no right, title and interest. The plaintiff brought Misc. case in the Court of Subordinate Judge for correcting the record of rights. The plaintiff has discovered a pillar from beneath the earth in which his name is engraved..Category: Property Law | Date: | Hits: 65
Government of Bangladesh Vs. Syed Chand Sultana and others, 1999, 28 CLC (AD)
....d and violative of Article 42 of the constitution even though alternative remedy is available, the writ petitioners can come directly to the High Court Division for protection of their fundamental rights………..(4) Lawyers Involved: B Hossain, Deputy Attorn..Category: Property Law | Date: | Hits: 56
Faruk (Md) Vs. Abdul Hamid and others, 1999, 28 CLC (AD)
....ave been given by the learned Advocate for the petitioner but not by the petitioner himself, as such a consent amounts to committing a suicide. Only 10% shareholders cannot ride roughshod over the rights of the majority 90% shareholders. 8. In the absence of an appeal against the Order d..Category: Business or Commercial Law | Date: | Hits: 100
Mostafizur Rahman Vs. BD, represented by Sec., Min. of Home Affairs & anr, 1999, 28 CLC (AD)
....es producing an erroneous decision in the present case because of the wrong view of the law, the impugned decision has cast a long shadow on the established law touching people’s fundamental rights and Court’s jurisdiction and therefore the ‘public importance’ principle d..Category: Constitutional Law | Date: | Hits: 191
Government of Bangladesh and others Vs. Hussain Mohammad Ershad, 2000, 29 CLC (AD)
....f Criminal Procedure, 1898 (V of 1898), Section 96 Search conducted with a duly issued search warrant by a competent Court under section 96 Cr. P. C. is a reasonable restriction on the rights enumerated in Article 43(a) of the Constitution……………&hell..Category: Constitutional Law | Date: | Hits: 170
Bangladesh and others Vs. Mizanur Rahman, 2000, 29 CLC (AD)
....ing the assessment but also demanding refund of the alleged excess amount paid for releasing the imported goods. 26. When a writ petition is filed for enforcement of any of the fundamental rights under sub-article (1) of Article 102 of the Constitution apparently there is no question of..Category: Fiscal/Taxation Law | Date: | Hits: 94