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Jamal Soap Factory, Narayanganj Vs. Commissioner of Income Tax, Dacca Zone, Dacca, 1980, 9 CLC (AD)
....ates to the income for the period 1365 B.S. suffers from want of jurisdiction. In the result, the appeal is allowed and the question is answered in the negative. We make no order as to costs. Ed. ......ates to the income for the period 1365 B.S. suffers from want of jurisdiction. In the result, the appeal is allowed and the question is answered in the negative. We make no order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 78
People's Republic of Bangladesh Vs. Sri Sri Madan Gopal Jew Bigraha and ors., 1981, 10 CLC (AD)
.... of the first appellate Court is empowered to question validity of Hate Court and restore that of the trial Court recording abatement of the suit, There will be no order as to costs. Ed. ...... of the first appellate Court is empowered to question validity of Hate Court and restore that of the trial Court recording abatement of the suit, There will be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 44
Siddique Ahmed Chowdhury & others Vs. Gani Ahmed and others, 1979, 8 CLC (AD)
....is is a question of fact and hardly arises in this appeal by special leave. For the foregoing reason, we dismiss the appeal with costs. Ed. This Case is also Reported in: 33 DLR (AD) 1. ......ntiffs were distant relation of the husband of the pardanashin lady. The gift was in favour of the son of the Mukter of the lady. In the context of these facts, it was held by the Privy Council, on a review of some earlier decisions, that there is no absolute rule of law that a deed of gift by a par..Category: Property Law | Date: | Hits: 53
Abdul Jabbar Khan @ Jabbar Khan & ors Vs. State and another, 1980, 9 CLC (AD)
....se he thinks that it is unlikely that the proceedings will result in a conviction. It was further noticed that if the Magistrate having followed the procedure laid down in the Code, has exercised a Judicial discretion as to whether he ought to issue process or not, the High Court will respect hi......e offence it is right and proper that he should bring justice all those persons whether originally mentioned or not, who, evidence shows, were guilty of that offence." 6. Case laws were reviewed by the Full Bench. The decision in Charu Chandra Vs. Narendra Chandra, 4 C.W.N. 367 and Did..Category: Criminal Law | Date: | Hits: 60
Bangladesh Vs. Hail Abdul Gani Biswas and others, 1980, 9 CLC (AD)
....ion of the High Court Division set aside and remitted back to the High Court Division for disposal. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 233 ......ion of the High Court Division set aside and remitted back to the High Court Division for disposal. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 233 ..Category: Property Law | Date: | Hits: 85
M/s. Hossain Ahmed Vs. M/s. H. D Hossain & Brothers, 1980, 9 CLC (AD)
.... allowed with cost and the order of the High Court Division in staying the operation of the order of the District Judge is set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 223 ...... not been made out by the facts and circumstances of the case. 7. Lastly, it is submitted that the view taken in Civil Petition for Special Leave to Appeal No. 273 of 1979 as quoted above, needs review and the said observation fully applicable to this case. 8. Plaintiffs had filed the suit f..Category: Others | Date: | Hits: 94
Nasiruddin Vs. Government of the People's Republic of Bangladesh & ors, 1980, 9 CLC (AD)
....t Division and remit the case back to it for decision in the light of the observation made above. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 216 ......eedings had abated in terms of the provisions of M.L.R. VII of 1977 they cannot be revived. The submission of Mr. Sobhan to this extent is of substance and may be accepted. 13. On a discussion and review of relevant provisions set out above, it is found that, whether a property comes within t..Category: Constitutional Law | Date: | Hits: 157
Abdur Rashid Vs. Secretary, Ministry of Cabinet Affairs, Establishment Div & ors, 1980, 9 CLC (AD)
....ere will be no order as to costs. Order of the Court By Majority view the appeal is dismissed but without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 201 ......rnment by an order dated 24-12-76 accepted the recommendation but by modifying the punishment in, pursuance of Article 6(2) removed the appellant from service, On 31-12-76 the appellant submitted a review petition before the Government (Annexure-E to the petition). Since the appellant was not give..Category: Employment/Service Law | Date: | Hits: 70
Gopinath Ghose Vs. State, 1980, 9 CLC (AD)
....h were committed at the same time and place when he led a violent procession in contravention to an order under Section 144 of the Code. The Sessions Judge convicted him and others, but on appeal the Judicial Commissioner maintained the conviction of others but set aside his conviction and acquitt......of the Constitution. In the result the appeal is allowed, the impugned proceeding is quashed and the gold is escheated to the State. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 177 ..Category: Criminal Law | Date: | Hits: 42
Director of Taxation & Excise, Govt of East Pak. (now BD) Vs. Mehdi Ali Khan Panni, 1980, 9 CLC (AD)
.... 8. A recent view on the rule of the construction of a taxing statute is to be found in the case of Commissioner of Inland Revenue vs. Mutwalli Investment Co. Ltd. 1967 (2) A.C. 587 at 595 by the Judicial Committee of the Privy Council. The relevant passage may be quoted. "Although some ar......y order as to costs. ORDER OF THE COURT According to the majority view the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 138 ..Category: Trust/Waqf Law | Date: | Hits: 239
State, People's Republic of Bangladesh and others Vs. Haji Joynal Abedin, 1980, 9 CLC (AD)
....the decision of the majority the appeal is allowed. The judgment and order of the High Court Division dated May 4, 1978 are set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 110. ...... of conviction and sentence is wholly illegal and a nullity in the eye of law; and it being violative of the fundamental right guaranteed under Article 32 of the Constitution is subject to judicial review under Article 102 of the Constitution. It was further argued that in spite of the Proclamatio..Category: Criminal Law | Date: | Hits: 294
Salimuddin Ahmed Vs. The State, 1980, 9 CLC (AD)
.... jurisdiction of any kind in respect of any proceedings of such Special Tribunals. If such provisions were to be found anywhere in the Special Powers Act it might have been held, as was done by the Judicial Committee of the Privy Council in AIR 1946 (PC), 169, already referred to above, that the......t the proceeding should be quashed at this stage. In the result, therefore, this appeal is disposed of with observation aforesaid. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 103 ..Category: Criminal Law | Date: | Hits: 51
A. Z. Rafique Ahmed Vs. BD Council of Scientific and Industrial Research & ors, 1980, 9 CLC (AD)
....ion is set aside and it is declared that the order of dismissal of the appellant is without any lawful authority and of no legal effect. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 83 ......ard shall be- (a) to lay down the broad principles to be followed by the Council in the performance of its functions, particularly in the matter of scientific and research work; (b) to review the work of the Council and to consider the annual report and the annual statement of acc..Category: Employment/Service Law | Date: | Hits: 130
Md. Mahboob Murshed Vs. Bangladesh and others, 1980, 9 CLC (AD)
....de and impugned Office Order dated July 29, 1976 is declared as illegal and without any lawful authority. We make no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 77 ......th effect from the date of resignation. The appellant, however, submitted a representation on September 1st. 1972 by way of an appeal to the Minister-in- Charge of the Ministry of Communication for review of the order of acceptance of his resignation and on consideration of the said representati..Category: Employment/Service Law | Date: | Hits: 77
Cherag Ali and others Vs. State and anothers, 1980, 9 CLC (AD)
....er of the Magistrate dated February 27, 1975 is quashed. The case should proceed in accordance with law and the observations made above. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 71 ......er of the Magistrate dated February 27, 1975 is quashed. The case should proceed in accordance with law and the observations made above. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 71 ..Category: Criminal Law | Date: | Hits: 48
Ahmed Hossain & ors Vs. Basharat Ali and ors, 1980, 9 CLC (AD)
.... opinion that the expression 'contiguous to' means 'contiguous to' and does not mean neighbouring. 11. Now let us examine what is the dictionary meaning of the word 'contiguous'. In Stroud's Judicial Dictionary (Fourth Edition) Volume I, the word 'contiguous' has been defined as, 'contigu......s. The judgment of the High Court Division and those of the Courts below are set aside and the application for pre-emption is dismissed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 54 ..Category: Property Law | Date: | Hits: 66
Md. Shahidul Haque Vs. Mst. Rahiman Bibi and another, 1980, 9 CLC (AD)
....that part of the order of the High Court Division granting time to the tenant-Respondents to vacate the premises by 31st December, 1979. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 52 ......ue ...Appellant. Vs. Mst. Rahiman Bibi and another....Respondent Judgment April 26, 1979. After passing of the decree or the final order, the court becomes functus officio except to review its awn order in accordance with law or to correct clerical mistakes. The discretion, if any,..Category: Tenancy Law | Date: | Hits: 69
Syed Masud Ali and others Vs. Md. Asmatullah & others, 1980, 9 CLC (AD)
.... the Administrator and the Committee, Chapter IV Enrolment of Waqf, Chapter V Waqfs Accounts, Chapter VI Transfer of Waqf, properties, Chapter VII Mutawalli Chapter VIII Finance, Chapter IX Certain Judicial proceedings, Chapter X Amendment and Repeal of certain enactments, Chapter XI contains ce......rst schedule land of the plaint if the plaintiff so desires to proceed. In the circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 39 ..Category: Trust/Waqf Law | Date: | Hits: 196
Bangladesh Vs. Shahjahan Siraj @ Sirajul Islam, 1980, 9 CLC (AD)
....cally confer any power on the High Court the learned Attorney-General drew our attention to some of the observations made in the aforementioned case. Thus, in the case reported in AIR 1945 PC 94, the Judicial Committee of the Privy Council observed as follows: "The section gives no new powers......s before the Special Tribunal will proceed according to law. The Respondent will continue the same bail till the conclusion of the trial. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 1 ..Category: Criminal Law | Date: | Hits: 66
Yusuf Vs. Mofzal Ahmed Sowdagar, 1993, 22 CLC (AD)
....decisions of the High Court Division and the first Appellate Court are set aside and that of the trial Court is restored. Ed. This case is also reported in: 45 DLR (AD) (1993) 178 ......iscellaneous Appeal was dismissed by the appellate Court below as time barred. Against this order a Rule was issued by the High Court being Civil Rule No. 483 of 1971. In the meantime on 6.8.71 the review petition under Order 47 read with section 151 of the Code (Miscellaneous Case No. 84 of 1970..Category: Others | Date: | Hits: 119
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