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M/s. House Building Finance Corporation Vs. Commissioner of Income Tax, Dhaka, 1984, 13 CLC (AD)
....rofits and gains cannot properly be deduced there from, then the computation shall be made upon each basis and in such manner as the Income-tax Officer may determine." ......lip;Respondent all cases. Judgment July 16, 1984. Cases Referred To- Sarupchand vs. Commissioner of Income-tax, Bom. (1936) IV ITR. 420; Commissioner of Income-tax, East Pakistan Vs. Messer. Rathna Tea Estate (1967) 19 DLR 538 SC; Indo-Commercial Bank Ltd. vs. Commiss..Category: Fiscal/Taxation Law | Date: | Hits: 102
Bangladesh Vs. Abul Kaiser Chowdhury and others, 1984, 13 CLC (AD)
.... DLR (AD) 85. ...... Vs. Jage Ram and others of Maddapradesh AIR 1971 (SC) 742; Messrs. Mackinnor Mackensie and Co. vs. Messrs Abdul Rahman Abdul Gani Merchants and another, 8 DLR 349; S. Ahmed Mian vs. Federation of Pakistan and another 7 DLR 376. Lawyers involved: M. Moazzem Hossain, Deputy Attorney-..Category: Trust/Waqf Law | Date: | Hits: 193
Shafiqur Rahman Vs. Idris Ali, 1983, 12 CLC (AD)
....dent's Order No. 21 of 1962, was taken away by a subsequent law, namely, the Ordinance 11 of 1964 which was given retrospective operation from 15 August 1947. Under the Constitution of the Islamic Republic of Pakistan, 1956, the practice of law by a retired Judge of the High Court in the same Hi......had no saleable interest in the suit land to be transferred by subsequent court-sale - Per Shahabuddin Ahmed J.………..(21) “It was held by the Supreme Court of Pakistan that the legislature which is competent to make a law has full and plenary power to legisl..Category: Others | Date: | Hits: 86
Jarina Khatun & ors. Vs. Pulin Chandra Das and others, 1984, 13 CLC (AD)
...., the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) 67. ...... court fee cannot be entertained. The suit was dismissed by the Additional Court of Subordinate Judge, Noakhali upon holding that the suit was barred under Rule 161 of the Defence of Pakistan Rules and section 83 of the Code of Civil Procedure Further, both parties were equally gui..Category: Property Law | Date: | Hits: 38
Md. Tozammel Hossain Vs. River Research Institute, 2008, 37 CLC (AD)
....r absorption in the service of the respondent No.1 but was not given any opportunity of making his choice inasmuch as he was absorbed by the order of the President of the Government of the People's Republic of Bangladesh; that the Ministry of Finance has asked not to pay the pension to the petiti......present service. In view of the above, we find no substance in the submission of the learned Counsel for the petitioner. Ed. This Case is also Reported in: VI ADC (2009) 326. ..Category: Employment/Service Law | Date: | Hits: 92
Bangladesh Vs. Chairman, 1st Court of Settlement, Segunbagicha, Ramna, Dhaka, 2003, 32 CLC (AD)
....ed in: II ADC (2005) 346. ......" list of abandoned buildings published on 23.9.1986 in the official gazette. Md. Ziaul Islam claimed that Mustafa Ashraf took lease of the house property from the government of the then East Pakistan on the basis lease deed dated 27.7.1960 but subsequently by two agreements dated 28.7..Category: Property Law | Date: | Hits: 38
Dhaka University Vs. Syed Md. Ismail, 1995, 24 CLC (AD)
.... learned Assistant Judge, 4th Court, Dhaka passed on 28-2-90 in Title Suit No. 818 of 1987, dismissing the suit, is restored. Ed. This Case is also Reported in: II ADC (2005) 334. ......aka University Employees (Efficiency and Discipline) Statutes (hereinafter referred to as "the Second Statute of the University") framed under the Dhaka University Ordinance, 9161 (East Pakistan Ordinance No. XXIII of 1961) which stood repealed as a whole by P.O. No. 11 of 1973. ..Category: Employment/Service Law | Date: | Hits: 69
Tafijul Huq Sarker Vs. Bangladesh and others, 1998, 27 CLC (AD)
....er be sent back on remand to the High Court Division for disposal on merit. There shall be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 254; 4 MLR (AD) 1999, 19. ...... High Court took the view that a right of appeal which has a pre-condition of depositing the tax imposed cannot be considered equally adequate remedy under Article 98 of 1962 Constitution of former Pakistan. 7. In Collector of Customs, Chittagong Vs. A Hannan, 42 DLR (AD) 167 a similar view wa..Category: Trust/Waqf Law | Date: | Hits: 190
Bangladesh Vs. Alhaj Shamsul Haque and Others, 2003, 32 CLC (AD)
.... This Case is also Reported in:II ADC (2005) 48. ......ckground of the discussions made herein over there is no substance in the review petition. Accordingly the review petition is dismissed. Ed. This Case is also Reported in:II ADC (2005) 48. ..Category: Property Law | Date: | Hits: 29
Abdul Motaleb Vs. Md. Ershad Ali and others, 1994, 23 CLC (AD)
....f the Subordinate Judge allowing amendment of the plaint is restored. There will be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 30. ......dice to the applicant. This principle has been well enunciated by the Privy Council in the case of Charan Das Vs. Amir Khan, A.I.R. 1921 P.C. 50, which has been followed by the Supreme Court of Pakistan in the case of Keramat Ali Vs. Muhammad Younus Haji P.L.D. 1963 (S.C.) 191=15 DLR (S.C...Category: Property Law | Date: | Hits: 56
Bangladesh Vs. Mst. Shiuli Begum and another, 2002, 31 CLC (AD)
....) Present: Mahmudul Amin Choudhury CJ Md. Ruhul Amin J Abu Sayeed Ahammed J The Secretary, Ministry of Works and Urban Development, Government of the People's Republic of Bangladesh, Bangladesh Secretariat, Dhaka.........Appellant Vs. Mst. Shi......499 of 1987 is hereby set aside and the Rule earlier issued in this Writ Petition is hereby discharged. No order as to cost. Ed. This Case is also Reported in: II ADC (2005) 27. ..Category: Property Law | Date: | Hits: 37
Rupali Bank Ltd. and others Vs. Shawkat Ara Salauddin and another, 2004, 33 CLC (AD)
....urt Division in making the Rule absolute and directing mutation of the names of the respondents are set aside. Ed. This Case is also Reported in: II ADC (2005) 7; I ADC (2004) 337. ......Banks Nationalization Order, 1972 (P.O. No. 26 of 1972) and in terms of Article 6 of the above Order the undertakings of Standard Bank, Commerce Bank and Australatia Bank situated in the then East Pakistan stood transferred to the appellant bank as shown in column 2 of the schedule of the above ..Category: Property Law | Date: | Hits: 35
Md. Jamiruddin Biswas Vs. Bangladesh, 2007, 36 CLC (AD)
.... Md. Jamiruddin Biswas……………………….............................................Petitioner Vs. The Government of the People's Republic of Bangladesh and others………Respondent Judgment No......nd no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 297. ..Category: Others | Date: | Hits: 87
Government of Bangladesh and others Vs. Shamsun Nahar and others, 2009, 38 CLC (AD)
....adesh and others..... Appellants Vs. Shamsun Nahar and others..... Respondents Judgment May 31, 2009. Cases Referred to- Sonar Bangla Service Station Vs. Government of the People's Republic of Bangladesh represented by the Secretary, Ministry of Works and others, Law Guardian (AD)...... filed by these petitioners". Accordingly, the Appeal is allowed without any order as to cost. Let the leave Petition be fixed for hearing. Ed. This Case is also Reported in: ..Category: Limitation Law | Date: | Hits: 241
Secretary, Ministry of Defence and others Vs. Abdul Mannan Lasker and another, 2004, 33 CLC (AD)
....te-dated seniority to the respondent No.1 is not illegal. In the result the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 555. ......993 dismissing Administrative Tribunal Case No. 38 of 1987. 2. The respondent No.1 filed the above Administrative Tribunal Case stating that on 10.2.70 he was appointed as a Chargeman in the Pakistan Ordnance Factory at Wah Cantonment, Rawalpindi and on 10.5.71 he came to Bangladesh on 38 ..Category: Administrative Law | Date: | Hits: 103
Aloke Nath Dey Vs. Government of Bangladesh, 2003, 32 CLC (AD)
....legality or infirmity in the impugned judgment for our interference. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 528. ......t Class, Khulna went to Kotwali police inventory of the ornaments as contained in Annexure-A to C to the petition for succession certificate. The ornaments so seized were kept in the State Bank of Pakistan in Khulna. The further case of the appellant is that some of those ornaments were mortgag..Category: Property Law | Date: | Hits: 39
M/s Micro Electronic Limited Vs. M/s Rahimafroz Batteries Limited and other, 2002, 31 CLC (AD)
....herein as one of the responsive technical bidder. Moreover the High Court Division is quite competent to make direction to the person performing functions in connection with the affairs of the Republic or of a local authority to refrain from doing thing not permitted by law or to do som......g executed or to make its direction effective. In view of the Discussions made hereinabove the review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 485. ..Category: Procedural Law | Date: | Hits: 83
Deputy Commissioner, Dhaka and other Vs. Abdul Hakim, 2002, 31 CLC (AD)
....more fully described in the 'kha' schedule of the plaint and the respondent Abdul Hakim got his name mutated and had been owning and possessing this land peacefully. The Government of the People's Republic of Bangladesh Acquired 14.70 Acres of land out of 23.43 acres in L.A. Case No. 13 of 1959-......al is allowed. The judgment of the lower appellate court is restored and the suit is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 473. ..Category: Property Law | Date: | Hits: 22
Giasuddin Quader Chowdhury Vs. ABM Fazle Karim Chowdhury and others, 2002, 31 CLC (AD)
....udgment. 7. Before, we consider and appreciate the submissions of the learned Counsels, it is necessary to set out the relevant provision of Article 107 of the Constitution of the People's Republic of Bangladesh, the Notification issued by the Register of the Supreme Court and the provis......Any person aggrieved by a decision of the High Court Division may within thirty days of the announcement of the decision appeal to the Appellate Division (if it grants leave to appeal.) ..Category: Election Law | Date: | Hits: 312
Dr. M.A. Mazed and others Vs. Bangladesh, represented by the Solicitor, 2003, 32 CLC (AD)
.... Appellate Division (Criminal) Present: Md. Ruhul Amin J Syed JR Mudassir Husain J MM Ruhul Amin J Dr. M.A. Mazed and others.....Appellants Vs. Government of the People's Republic of Bangladesh, represented by the Solicitor…… ..Respondent. Judgment December ......al. In the background of the discussions made hereinbefore we find no merit in this appeal. Accordingly the appeal is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 261. ..Category: Criminal Law | Date: | Hits: 109