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Mohd. Jabed Ali and others Vs. Rakhal Chandra Mondal and others , 1981, 10 CLC (AD)
....e dealing with the application under section 96 of the Act for preemption. Therefore, we do not find any substance in these appeals. The appeals are dismissed with costs. Ed. ......e dealing with the application under section 96 of the Act for preemption. Therefore, we do not find any substance in these appeals. The appeals are dismissed with costs. Ed. ......g the pre-emption case under Section 96 of the East Bengal State Acquisition and Tenancy Act, 1950. 2. The question involved in these appeals is whether the order of the Circle Officer (Revenue) separating the jama under section 117 of the East Bengal State Acquisition and Tenancy Act...... Court Appellate Division (Civil) Present: Kemaluddin Hossain CJ Ruhul Islam J K.M. Subhan J Badrul Haider Chowdhury J Mohd. Jabed Ali and others.................................... Appellants. (For all the appeals) Vs. ..Category: Property Law | Date: | Hits: 49
Md. Mafizuddin Patwari Vs. Abdul Hakim Miazi , 1978, 7 CLC (AD)
....t had been acted upon. In the result, therefore this appeal is allowed and the petition for pre-emption is dismissed with costs. Ed. This Case is also Reported in: 33 DLR (AD) 305. ......t had been acted upon. In the result, therefore this appeal is allowed and the petition for pre-emption is dismissed with costs. Ed. This Case is also Reported in: 33 DLR (AD) 305. ...... accordingly allowed the pre-emption case. 5. Being aggrieved by that order the High Court was moved and in Civil Revision No, 505/70 the High Court discharged the Rule by holding that the Revenue Officer had not acted in accordance with law and the subdivision of the jama was not ma......ppellate Division (Civil) Present: Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Md. Mafizuddin Patwari being dead his heirs Md. Tofaazzal Hossain Patwari and others ………………….Appellants Vs. Abdul..Category: Property Law | Date: | Hits: 48
Hasan Imam Chowdhury Vs. Govt. of Bangladesh and others, 1981, 10 CLC (AD)
....ion is pregnant with any new issue which requires adjudication in separate proceedings. In this view of the matter, the appeal is dismissed without any order as to costs. Ed. ......service shall be treated as on extraordinary leave without any pay from the date of passing of the impugned order that is on 20-11-75 till his rejoining in service of the Water Development Board, when such Board may again pass a necessary regular order as mentioned therein." ......ion is pregnant with any new issue which requires adjudication in separate proceedings. In this view of the matter, the appeal is dismissed without any order as to costs. Ed. ......m J Rahul Islam J Badrul Haider Chbwdhury J Shaha-buddin Ahmed J Hasan Imam Chowdhury........................... Appellant Vs. Govt. of Bangladesh and others................. Respondents Judgment March 23, 1981. Lawyers Inv..Category: Employment/Service Law | Date: | Hits: 101
Commissioner of Taxes & another Vs. M/s. Mullick Brothers, 1981, 10 CLC (AD)
.... going through the aforesaid order-sheet has not disputed the correctness of it. The record does not show that Assessee had made out any case that his administrative review was still pending with the National Board of Revenue. On the other hand, at it appears from the Circular No. M.L.R. No. 1 of 19......ng in question the demand of arrear tax by respondent No.1. on 31.1.1974 in respect of the declaration of excess income on the grounds that an Administrative Review Application before the Central Board of Revenue was filed bat the result of the said application was not communicated, and that the......stion the demand of arrear tax by respondent No.1. on 31.1.1974 in respect of the declaration of excess income on the grounds that an Administrative Review Application before the Central Board of Revenue was filed bat the result of the said application was not communicated, and that the demand o......…..Petitioner Vs. M/s. Mullick Brothers…………………………………………..Respondent Judgment February 2, 1981. Result: The review application is allowed and the appeal is dismissed. Lawyers Involved: T. H. Khan, Senior Advocate, with Muzammel Huq..Category: Fiscal/Taxation Law | Date: | Hits: 98
Dr. Nurul Islam Vs. Bangladesh, 1980, 9 CLC (AD)
.... subject or context,— (a) "Corporation” means anybody corporate constituted or established by or under any law and includes any other body or organisation set up by the Government; (b) "Nationalised enterprise" includes any commercial or industrial enterprise bank, firm, tea estate o......892; Krepa Ram Gupta vs. R.K, Talwar AIR 1970 All. 296; A.M. Khan Leghery vs. Govt. of Pakistan, PLD 1967 Lah, 227 ; Pakistan vs. Liaquat Ali Khan (1959) 11 D.L.R (SC) 73; Zaibtun Textile vs. Central Board of Revenue PLD 1971 Kar. 333; Regional Manager vs. Pawan. K. Dubey AIR 1976 S.C. 1966; Roshaon......a Ram Gupta vs. R.K, Talwar AIR 1970 All. 296; A.M. Khan Leghery vs. Govt. of Pakistan, PLD 1967 Lah, 227 ; Pakistan vs. Liaquat Ali Khan (1959) 11 D.L.R (SC) 73; Zaibtun Textile vs. Central Board of Revenue PLD 1971 Kar. 333; Regional Manager vs. Pawan. K. Dubey AIR 1976 S.C. 1966; Roshaon Lal vs. ......uhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Dr. Nurul Islam………………………..Appellant Vs. Bangladesh, represented by the Secretary, Ministry of Health and Population Control and others…………………………………………Respondent Judg..Category: Employment/Service Law | Date: | Hits: 180
Musharraf Hossain Chy Vs. GM, Titas Gas Transmission & Dist. Co. Ltd. & ors., 1981, 10 CLC (AD)
....n and Distribution Company Ltd, did or did not maintain the corporate chancier of a limited company when in 1972. It was nationalized under the provisions of the Bangladesh Industrial Enterprise (Nationalisation) Order, 1972 P.O. No. 27 of 1972 and placed under the Corporation. The determination......ch industrial enterprise— (a) take such measures and do such things as it deems necessary and expedient for the purpose of efficient running of such industrial enterprise; (b) dissolve the Board of Directors of such Industrial enterprises and appoint new Directors; (c) terminate any ......view of the above observations, the appeal is dismissed, the Judgment and order of the High Court Division is upheld. There will be no order as to costs. Ed. This Case is also Reported in: ......stribution Co. Ltd. & ors...........Respondent And A.K.M. Ayub Ali..............................................................Appellant (In C.A. 65 of 1980). vs. Eastern Refinery Ltd. and others.....................................................Respondent Judgment June 12, 19..Category: Employment/Service Law | Date: | Hits: 104
Khandaker Ehtehshamuddin Ahmed @ Iqbal Vs. Bangladesh and others, 1980, 9 CLC (AD)
....at the order passed by this Division staying execution of the sentence to continue for further ten days from the date of this order. Ed. This Case is also Reported in: 33 DLR (AD) (1981) 154. ......cusing the appellant for the murder of his wife Saleha Begum. In the course of investigation, on the prayer of the police deed body of the victim was disinterred and another post-mortem was held by a Board consisting of Dr. Bibhuti Bhosan Sarkar, Associate professor of Jurisprudence, (2) Dr. Arune......at the order passed by this Division staying execution of the sentence to continue for further ten days from the date of this order. Ed. This Case is also Reported in: 33 DLR (AD) (1981) 154. ......eported in: 33 DLR (AD) (1981) 154. ..Category: Constitutional Law | Date: | Hits: 292
Bangladesh and others Vs. Md. Abdur Rab, 1979, 8 CLC (AD)
.... the appeal is allowed without any order as to costs. The order of the High Court Division is set aside and the writ re-called. Ed. This Case is also Reported in: 33 DLR (AD) (19781) 143. ......of such court or tribunal is available by invoking writ jurisdiction. So the High Court Division is incompetent to entertain an application under Article 102 of the Constitution against the Screening Board dealing with the respondent who belongs to the disciplined force as defined in the Constitutio...... the appeal is allowed without any order as to costs. The order of the High Court Division is set aside and the writ re-called. Ed. This Case is also Reported in: 33 DLR (AD) (19781) 143. ......is also Reported in: 33 DLR (AD) (19781) 143. ..Category: Employment/Service Law | Date: | Hits: 102
Khadomul Islam Chowdhury Vs. Bangladesh and others, 1981, 10 CLC (AD)
....for disposal in accordance with law. Let the operation of the order dated 12th July. 1979 be stayed till the disposal of the matter in the High Court Division There will no order as to costs. Ed. ......for disposal in accordance with law. Let the operation of the order dated 12th July. 1979 be stayed till the disposal of the matter in the High Court Division There will no order as to costs. Ed. ......ial Additional Land Acquisition Officer (D.I.T.) in L.A. Case No. 10 of 1963-65, and the order dated September 10, 1977 pasted by Respondent, Joint Secretary, Ministry of Land Administration and Land Revenue, setting aside the order of his predecessor-in-office, have been made without any lawful au......sion (Civil) Present: Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Khadomul Islam Chowdhury…………………….Appellant Vs. Bangladesh and others ……………………………..Respondents Judgment July 21, 1980. Lawyers ..Category: Constitutional Law | Date: | Hits: 160
Ful Chand Das and others Vs. Mohammad Hammad and others, 1982, 11 CLC (AD)
....ent of the High Court Division is maintained. Consequently, this appeal stands dismissed without any order as to costs. Ed. This Case is also Reported in: 3 BLD (AD) 1983, 68. ......perty and if any such application had been filed it should be rejected. The sale-deed was presented for registration without obtaining necessary permission from the Deputy Commissioner, Dacca/Board of Revenue, Government of East Pakistan. An application was filed before the Sub-Registrar st...... if any such application had been filed it should be rejected. The sale-deed was presented for registration without obtaining necessary permission from the Deputy Commissioner, Dacca/Board of Revenue, Government of East Pakistan. An application was filed before the Sub-Registrar stating tha......t Appellate Division (Civil) Present: FKMA Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Ful Chand Das and others......................Appellants Vs. Mohammad Hammad and others&..Category: Property Law | Date: | Hits: 75
Govt. of Bangladesh Vs. Md. Arshad Ali, 1982, 11 CLC (AD)
.... Kemaluddin Hossain CJ F.K.M.A. Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Govt. of Bangladesh, represented by the Chairman, National Board of Revenue ……………………. Appellan......luddin Hossain CJ F.K.M.A. Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Govt. of Bangladesh, represented by the Chairman, National Board of Revenue ……………………. Appellants ......ossain CJ F.K.M.A. Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Govt. of Bangladesh, represented by the Chairman, National Board of Revenue ……………………. Appellants Vs. ......e Appellants. Rafiq-ul-Huq, Senior Advocate instructed by Serajuddin Ahmed, Advocate-on-Record,—For the Respondent. Civil Appeal No. 118 of 1981. From the judgment and order dated April 30, 1981 passed by the High Court Division in Writ Petition No. 760 of 1980...Category: Criminal Law | Date: | Hits: 171
M/s. Everett Orient Lines Inc. Vs. Commissioner of Income Tax Ctg Zone, Ctg, 1982, 11 CLC (AD)
....ot;prescribed". Section 2 clause (10) defines 'prescribes' namely, prescribed by Rules made under this Act. Section 59 which is the rule making power reads as under: "The National Board of Revenue may make rules for carrying out the purposes of this Act and for the a......ibed". Section 2 clause (10) defines 'prescribes' namely, prescribed by Rules made under this Act. Section 59 which is the rule making power reads as under: "The National Board of Revenue may make rules for carrying out the purposes of this Act and for the ascertainm...... as the other two ships are concerned for the additional depreciation. Accordingly, the tribunal sent the case back to the Income Tax Officer for revising the assessment order. Thereafter, the Revenue filed the application under section 66(1) of the Income Tax Act before the High Court ...... Advocate-on-Record—For the Appellant. Mahmudur Rahman, Advocate -instructed by Md. Sajjadul Huq, Advocate-on-Record — For the Respondent. Civil Appeal Nos. 129 of 1980 and 130 of 1980. On appeal from the judgment and order dated 23-6-1980 pa..Category: Fiscal/Taxation Law | Date: | Hits: 114
Mofizur Rahman Khan Vs. Government of Bangladesh, 1982, 11 CLC (AD)
.... disposed of in these terms, without any cost. In the result, Civil Appeal Nos. 73 and 124 of 1981 are dismissed. No order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) 321. ...... disposed of in these terms, without any cost. In the result, Civil Appeal Nos. 73 and 124 of 1981 are dismissed. No order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) 321. ...... disposed of in these terms, without any cost. In the result, Civil Appeal Nos. 73 and 124 of 1981 are dismissed. No order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) 321. ......………... Appellant Vs. Burhanuddin Ahmed………………………….. Respondent (In Civil Appeal No. 124 of 1981) Judgment March 10, 1982. Result: Civil Appeal Nos. 73 and 124 of 1981 are dismissed. Cases Referred To- Dr. Nurul Islam Vs. Govt. of Bangladesh (1..Category: Constitutional Law | Date: | Hits: 188
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. ...... illegal and without any lawful authority. Facts in short relevant for disposal of the appeal are that the respondents were employees under the appellant Bangladesh Water Development Board and they were removed from service on the charge of misconduct and breach of discipline.......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. ......emaluddin Hossain CJ F. K, M. A Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Bangladesh represented by the Secretary, Ministry of Power and Water Resources ……………… Appellants Vs. M..Category: Employment/Service Law | Date: | Hits: 92
Bangladesh Vs. Md. Matiur Rahman, 1982, 11 CLC (AD)
....angsad Building at Tejgaon, Dacca before the next session of the Jatiya Sangsad and to submit the necessary estimate immediately so that the works could be completed before ensuing sessions of the National Assembly. The respondent received this order on 6 December, 1973, but instead of taki......ourt Division is set aside and the Writ Petition is dismissed with the modification that; the punishment is altered to compulsory retirement. No order as to costs. Ed. ......ourt Division is set aside and the Writ Petition is dismissed with the modification that; the punishment is altered to compulsory retirement. No order as to costs. Ed. ......n Hossain CJ Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Bangladesh represented by the Secretary, Ministry of Public Works and Rural Development and another ……………………&h..Category: Employment/Service Law | Date: | Hits: 87
....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:
......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:
......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:
......(Civil)
Present:
Fazle Munim J
Ruhul Islam J
Badrul Haider Chowdhury J
Shahabuddin Ahmed J
East Pakistan (now Bangladesh) Agricultural University, Mymensingh and others…………....... ......................... Appellants
Vs.
Md. Abdul Hye B..
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. ......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. ......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. ......LD 1973 (SC) 49; Federation of Pakistan Vs. Saeed Ahmed PLD (SC) 151; Jamil Huq Vs. Bangladesh (1982) 34 DLR(AD) 125; A Rouf Vs. Abdul Hamid Khan (1965 17 DLR (SC) 515. Lawyers Involved: MH Khandker and Khandker Mahbub uddin Ahmed, Senior Advocates with Nizamuddin Haider, Advocate, instructe..Category: Criminal Law | Date: | Hits: 287
Bangladesh Vs. Hon'ble Judge, Prize Court, HCD, Supreme Court Building, Dacca, 1982, 11 CLC (AD)
....e learned Attorney-General are found unacceptable, not because it lack reasons but such reason has no support in law. The appeal is dismissed. No order as to costs. Ed. ......e learned Attorney-General are found unacceptable, not because it lack reasons but such reason has no support in law. The appeal is dismissed. No order as to costs. Ed. ......e learned Attorney-General are found unacceptable, not because it lack reasons but such reason has no support in law. The appeal is dismissed. No order as to costs. Ed. ......ent : F.K.M.A. Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Bangladesh represented by the Secretary, Ministry of Law and Parliamentary Affairs, Government of Bangladesh………………..Category: Others | Date: | Hits: 116
Bangladesh & others Vs. A. K. M. Zahangir Hossain, 1981, 10 CLC (AD)
.... member of the said 'disciplined force' if he has been illegally dismissed, removed, discharged, reduced in rank or compulsorily retired. Ed. This Case is also Reported in: 34 DLR (AD) 173. ......it is to be exercised subject to the limitations which apply to the Court. 26. The question involved in Indo-China Steam Navigation Co. vs. Jasjit Singh, AIR 1964 SC 1140, was whether the Central Board of Revenue exercising appellate power under section 190 of the Sea Customs Act, and the Centra......be exercised subject to the limitations which apply to the Court. 26. The question involved in Indo-China Steam Navigation Co. vs. Jasjit Singh, AIR 1964 SC 1140, was whether the Central Board of Revenue exercising appellate power under section 190 of the Sea Customs Act, and the Central Governm......iplined force, he is debarred from invoking the writ jurisdiction unless it is coram non judice or mala fide. Cases Referred To- High Commissioner for India vs. I. M. Lall, AIR 1948 PC 121; Khandker Ehteshamuddin Ahmed Vs. State (1981) 33 DLR (AD) 154; Harinagar Sugar Mills Vs. Shyam Sundar,..Category: Constitutional Law | Date: | Hits: 188
General Manager Jamuna Oil Company Ltd. Vs. Golap Rahman & another, 1982, 11 CLC (AD)
....td........................Appellant Vs. Golap Rahman & another….......................... Respondent Judgment June 15, 1981. Cases Referred To- National Bank of Pakistan vs Md. Golam Mostofa, (1975) 27 DLR 158; Aminul Islam vs. James Finlay, ......dinance shows that the Court itself either cannot compel the attendance of such member or extract his advice. For the reasons stated above, the appeal is dismissed with costs. Ed. ......dinance shows that the Court itself either cannot compel the attendance of such member or extract his advice. For the reasons stated above, the appeal is dismissed with costs. Ed. ...... Appellant. Rokanuddin Mahmood Advocate instructed by Md. Aftab Hossain, Advocate-on-Record— For the Respondent No. 1. Civil Appeal No. 141 of 1980. (From the judgment and order dated July 18, 1980 passed by the High Court Division in Writ petition No. 672 of 1978). ..Category: Labour and Industrial Law | Date: | Hits: 97
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