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Fazar Ali Vs. Sikandar Ali, 1992, 21 CLC (AD)
....y reasons whatsoever. Accordingly, the judgment and decree passed in Second Appeal is set aside and the suit is decreed. Thus appeal is allowed without any order as to costs. Ed. ......y reasons whatsoever. Accordingly, the judgment and decree passed in Second Appeal is set aside and the suit is decreed. Thus appeal is allowed without any order as to costs. Ed. ......P) Pesh. 85 & Hakim Khan vs. Aurangzeb and others PLD 1975 (Lah) 1170. Lawyers Involved: Syed Mudassir Hossain Advocate, instructed by Md. Aftab Hossain Advocate‑on‑Record – For the Appellant Mohammad Ayub, Advocate‑on‑Record ‑ For the......y reasons whatsoever. Accordingly, the judgment and decree passed in Second Appeal is set aside and the suit is decreed. Thus appeal is allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 56
Dudu Mia Vs. Ekram Mia Chowdhury, 1992, 21 CLC (AD)
....sp; Ed. ......sp; Ed. ......e suit) being dead his heirs; Mahmuda Khatun & others...………. Plaintiff‑Respondents Judgment March 19, 1991 Lawyers Involved: M Nurullah, Senior Advocate instructed by B Hossain, Advocate‑on‑Record ‑For the Appellant. ......sp; Ed. ..Category: Procedural Law | Date: | Hits: 122
Pubali Bank Vs. The Chairman, First Labour Court, Dhaka and another, 1991, 20 CLC (AD)
....ect matter of the dispute till its final resolution is a Power apart from adjudicating and determining any industrial dispute. Ed. This Case is also Reported in: 44 DLR (AD) 40; 12 BLD (AD) 72. ......ect matter of the dispute till its final resolution is a Power apart from adjudicating and determining any industrial dispute. Ed. This Case is also Reported in: 44 DLR (AD) 40; 12 BLD (AD) 72. ......p; Radha Kissen Chamria and others Vs. Durga Prosad Chamria AIR 1940 PC 167 & Commissioner of Income tax Vs. Vadilal Lallu Bhai AIR 1973 (SC) 1016. Lawyers Involved: Asrarul Hossain, Senior Advocate, (Khalilur Rahman, Advocate with him) instructed by Sharifuddin Chaklader, Advocate‑on......ect matter of the dispute till its final resolution is a Power apart from adjudicating and determining any industrial dispute. Ed. This Case is also Reported in: 44 DLR (AD) 40; 12 BLD (AD) 72. ..Category: Labour and Industrial Law | Date: | Hits: 103
Nasrin Kader Siddiqui Vs. Bangladesh and others, 1992, 21 CLC (AD)
....er of warrant of commitment in custody. Hence, the order of detention is without any lawful authority, and on that score alone the detention of the detenu is liable to be set aside. Ed. ......er of warrant of commitment in custody. Hence, the order of detention is without any lawful authority, and on that score alone the detention of the detenu is liable to be set aside. Ed. ...... August 18, 1991. Cases Referred to- Howard Vs. Bodington (1877) 2 PD 203(211); 1981 All LJ 197 (DB); In re Peerless (1841) I QB 143; Re Elmy (1834) IA & E 843; Taylor Vs. Taylor, (1876) 1 Ch. 426; RV Post Master General ex parte Carmichael [1928] I KB 291; RV Mou......er of warrant of commitment in custody. Hence, the order of detention is without any lawful authority, and on that score alone the detention of the detenu is liable to be set aside. Ed. ..Category: Constitutional Law | Date: | Hits: 365
M.A. Zaher and others Vs. Mainuddin Ahmed and another, 1976, 5 CLC (AD)
....g the appellant Khurshed Alam Khan for abetment of the offence of contempt of court and sentencing him therefor. In the result this appeal is dismissed. Ed. This Case is also Reported in: ......g the appellant Khurshed Alam Khan for abetment of the offence of contempt of court and sentencing him therefor. In the result this appeal is dismissed. Ed. This Case is also Reported in: ......and another……..Respondent Judgment April 27, 1976. Result: The appeal is dismissed. Lawyers Involved: K. A. Bakr, Advocate, instructed by A. M. Khan Chowdhury, Advocate-on-Record— For the Appellant (In all the appeals). Md. Meser AH, Senior Advocate instructed by S. M.......g the appellant Khurshed Alam Khan for abetment of the offence of contempt of court and sentencing him therefor. In the result this appeal is dismissed. Ed. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 142
Commissioner of Income-Tax, Dacca Zone, Dacca Vs. M/S. Ata Hossain Khan Ltd., 1975, 4 CLC (AD)
....that this appeal is allowed with costs and the judgment and order of the High Court are set aside and that of the Appellate Tribunal restored. Ed. This Case is also Reported in: 28 DLR (AD) 141.......that this appeal is allowed with costs and the judgment and order of the High Court are set aside and that of the Appellate Tribunal restored. Ed. This Case is also Reported in: 28 DLR (AD) 141.......bay Vs. Sarangpur Cotton Manufacturing Co. Ltd., LR 65 IA 1 = AIR 1938 PC 1= 42 CWN 194; Commissioner of Income-Tax, Madras Vs. A. Krishna-swami Mudaliar and others AIR 1964 SC 1843; the Pioneers Sports Limited, Sialkot Vs. Commissioner of Income-Tax, Punjab and another, AIR 1934 Lahore 876 = 19...... be a reason for justifying the assumption of the Income-Tax Officer that the profits could not be properly deduced from the return submitted by them when there was no other reason except the fact of reduced profits to justify this assumption. 23. Similarly the Bombay High Court expressed the vie..Category: Fiscal/Taxation Law | Date: | Hits: 164
Khondkar Mohiuddin Vs. Syed Moin Ahmed, 1976, 5 CLC (AD)
....dgment and decree of the High Court are set aside and the judgment and decree of the Court of Additional District Judge are restored. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 85. ......dgment and decree of the High Court are set aside and the judgment and decree of the Court of Additional District Judge are restored. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 85. ......awahri Singh Choudhurani, L.R. 17 I.A. 122, = I.L.R. 18 Cal. 23; Venkata Kumara Mahipati Suryarao Vs. Secretary of State, L.R, 56 LA. 223 = 33 C.W.N. 725=A.I.R. 1929 Cal. 152; Ramji Patal Vs. Rao Kishore Singh, L.R. 56 LA. 280 = 33 C.W.N. 893 = A.I.R. 1929 P.C, 190; Misrailal Vs. Mst. Surji, 9 D.L.R......dgment and decree of the High Court are set aside and the judgment and decree of the Court of Additional District Judge are restored. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 85. ..Category: Tenancy Law | Date: | Hits: 68
Abdur Razzaque & anr Vs. The State, 1976, 5 CLC (AD)
....that the High Court Division rightly held that the accused, namely, the appellants had not been prejudiced in any manner. In the result, the appeal is dismissed. Ed. ......that the High Court Division rightly held that the accused, namely, the appellants had not been prejudiced in any manner. In the result, the appeal is dismissed. Ed. ...... Vs. The State............................Respondent Judgment Jan. 14, 1976. Lawyers Involved: Aleem-Al-Razee, Advocate, instructed by S. M. Huq, Advocate-on-Rccord.—For the Appellants. Faqeer Shahabuddin Ahmed, Attorney-General, instructed by A.M......d also to fine of Tk. 1,000/- each in default to rigorous imprisonment for one year more. On Appeal against their conviction and sentence the High Court Division maintained the conviction but reduced the sentence from 8 years rigorous imprisonment to 4, years rigorous imprisonment each..Category: Criminal Law | Date: | Hits: 64
Amir Sultan Ali Hyder Vs. Md. K. Alam alias S. Alam & others, 1977, 6 CLC (AD)
.... not be binding on the Courts below. For the reasons stated above, the appeal is dismissed. We, however, make no order as to costs. Ed. This Case is also Reported in: (1977) 29 DLR (SC) 295.......tive Mutwalli is to notify the change to the Administrator. In the absence of a dispute the latter is not required to make any formal order of appointment of a Mutwalli, as successor to the deceased, retired or removed Mutwalli. Only when a dispute exists the Administrator is to act under section 43....... Hashim Ali Khan, 43 IA 212, Syed Habibur Rahman Chowdhury Vs. Syed Altaf Ali Chowdhury. L.A.48 IA 114: 26 CWN 81 ILR 48 Cal 856: AIR 1922 PC 159 S.N. Vengatagiri Vs. Hindu Religious Endum. Board reported in (1949) 1 DLR 81; Ramjan Khan vs. Obaidul Huq.reported in (1976) 28 DLR (AD) 57; and Shahzad...... not be binding on the Courts below. For the reasons stated above, the appeal is dismissed. We, however, make no order as to costs. Ed. This Case is also Reported in: (1977) 29 DLR (SC) 295...Category: Trust/Waqf Law | Date: | Hits: 182
Fakhruddin Mia and other Vs. Mohammad Khodabaksh Sheikh, 1977, 6 CLC (AD)
....th as second appellate court and a revisional court, except in certain well-defined exceptional circumstances. With this observation the petition is dismissed. Ed. ......th as second appellate court and a revisional court, except in certain well-defined exceptional circumstances. With this observation the petition is dismissed. Ed. ......Sheikh... ……………Respondent Judgment June 30, 1977. Lawyers Involved: Abdur Rahman Advocate, instructed by B. C. Panday, Advocate-on-Record—For the Petitioner. B, Hossain, Advocate-on-Record—For the Respondent. ......th as second appellate court and a revisional court, except in certain well-defined exceptional circumstances. With this observation the petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 44
Yusuf Sk. alias Sk Abu Yusuf Vs. Appellate Tribunal and another, 1977, 6 CLC (AD)
....nths more. The sentences are accordingly modified. In the result, the appeal is dismissed with the modification of the sentence indicated. Ed. The Case is also Reported in: 29 DLR (SC) 211. ......nths more. The sentences are accordingly modified. In the result, the appeal is dismissed with the modification of the sentence indicated. Ed. The Case is also Reported in: 29 DLR (SC) 211. ......ence of a witness, of course the veracity of the witness is not tainted in any manner…………(6) The High Court Division has rightly declined to interfere with the finding of the facts on extraordinary writ jurisdiction. In doing so the High Court Division did not commit any illegality which ......t amount. In this view of the matter he submitted that the sentence has been extremely severe and that ends of justice will be met even if the sentence of imprisonment and of fine is considerably reduced. 9. It is well settled that the question of sentence is in the discretion of the Court wh..Category: Criminal Law | Date: | Hits: 70
Mosharraf Hossain Vs. Bangladesh Jute Industries Corporation and others, 1977, 6 CLC (AD)
....gned order has anything to do with the non-suiting of the plaintiff, if he has an arguable case on merit. For these reasons we find no merit in this petition. It is dismissed. Ed. ......gned order has anything to do with the non-suiting of the plaintiff, if he has an arguable case on merit. For these reasons we find no merit in this petition. It is dismissed. Ed. ......llip;…………………………………………..Petitioner. Vs. Bangladesh Jute Industries Corporation and others…………………Respondents Judg......gned order has anything to do with the non-suiting of the plaintiff, if he has an arguable case on merit. For these reasons we find no merit in this petition. It is dismissed. Ed. ..Category: Procedural Law | Date: | Hits: 107
Nurun Nabi Mondal and others Vs. Joynal Abedin Khondkar & ors, 1977, 6 CLC (AD)
....nbsp; ......nbsp; ......nbsp; Nurun Nabi Mondal and others………………………..Appellants Vs. Joynal Abedin Khondkar & ors ………………………Respondents Judgm......nbsp; ..Category: Property Law | Date: | Hits: 59
Ashraf Ali Sikdar and another Vs. The State, 1977, 6 CLC (AD)
....e instant case falls within the ambit of a special enactment, namely, the Bangladesh Scheduled Offences (Special Tribunals) Order, 1972. In the result the appeal is dismissed. Ed. ......e instant case falls within the ambit of a special enactment, namely, the Bangladesh Scheduled Offences (Special Tribunals) Order, 1972. In the result the appeal is dismissed. Ed. ......ent June 14, 1976. Lawyers Involved: Md. Meser Ali, Senior Advocate, instructed by Aminul Huq, Advocate-on-Record—For the Appellants. A. T. M.......e instant case falls within the ambit of a special enactment, namely, the Bangladesh Scheduled Offences (Special Tribunals) Order, 1972. In the result the appeal is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 63
Bangladesh Vs. M/s. Sree Kundeswari Aushadhalaya, 1977, 6 CLC (AD)
....uestion any further. For the reasons, we find no merit in these appeals and they are dismissed, but having regard to the facts and circumstances of the matter, we make no order as to costs. Ed. ......uestion any further. For the reasons, we find no merit in these appeals and they are dismissed, but having regard to the facts and circumstances of the matter, we make no order as to costs. Ed. ......deswari Aushadhalaya………...Respondent (In Appeal No. 13 of 1975) M/s. Sakti Aushadhalaya (P) Ltd………………………………Respondent (In Appeal No. 24 of 1976) Mr. M.A. Quddus for M/s. Ayurvedic Kutir .......Respondent (In Appeal No. 25 of 1975) Judgment February 2, 19......of the Act for the purpose of regulating the manufacture of Ayurvedic preparations- Mritasanjibani Sura, Mrita-sanjibani Sudha, etc. to a certain fixed percentage of spirit strength. The amended rule reduced the spirit strength from 42% to 25%. It appears that these Ayurvedic preparations use a proc..Category: Fiscal/Taxation Law | Date: | Hits: 137
Bangladesh Small Industries Corporation, Dacca Vs. Mahbub Hossain Chowdhury, 1976, 5 CLC (AD)
....e the scope of the leave order and so we abstain from entering into it. In the result this appeal is dismissed with no order as to cost. Ed. This Case is also Reported in: 29 DLR (SC) 41. ......68. The case of the State of Orissa Vs. Dr. Miss Binapani Dei was a case of a disputed date of birth of the respondent and the Govt. of Orissa, after holding an enquiry re-fixed her date of birth and retired her on the basis thereof. The question was whether the enquiry was properly held, and the ......urt Appellate Division (Civil) Present: Syed AB Mahmud Husain CJ Ahsanuddin Choudhury J Kemaluddin Hossain J Debesh Chandra Bhattacharya J Bangladesh Small Industries Corporation, Dacca..............Appellant Vs. Mahbub Hossain Chowdhury............................e the scope of the leave order and so we abstain from entering into it. In the result this appeal is dismissed with no order as to cost. Ed. This Case is also Reported in: 29 DLR (SC) 41. ..Category: Employment/Service Law | Date: | Hits: 170
Hafez Abul Khair and another Vs. The State, 1977, 6 CLC (AD)
.... 302/109 Penal Code. The accused shall continue in custody even after expiry of the sentence passed on them on the charge of collaboration. The appeal is, accordingly, disposed of. Ed. ...... 302/109 Penal Code. The accused shall continue in custody even after expiry of the sentence passed on them on the charge of collaboration. The appeal is, accordingly, disposed of. Ed. ......lip;….Respondent Judgment August 16, 1976. Cases Referred: Akaluddin vs. State, (1963) 15DLR466; disagreed with views expressed therein. Alim-jan Bibi Vs. Emperor AIR 1937 Cal. 578 ; Upendra Nath Vs. Emperor, 71 CLJ 597; Ijjat Ullah Vs. Emperor, ILR 1944 Cal.......o. 97 of 1972 and upheld the conviction and the sentence of imprisonment under both the counts with the direction that the sentence of imprisonment would run concurrently. It, however, reduced the sentence of fine of Tk. 10,000,- to a fine of Tk. 1,000/- in default to suffer rigorous..Category: Criminal Law | Date: | Hits: 61
Nibir Chandra Chowdhury and others Vs. State, 2001, 30 CLC (AD)
.... a sentence of Taka 500 in default to suffer rigorous imprisonment for 1 (one) month each. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 113. ...... a sentence of Taka 500 in default to suffer rigorous imprisonment for 1 (one) month each. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 113. ......r under part II of section 304 of the Penal Code. ……………………( 9 & 10) Lawyers Involved: Sharif Uddin Chaklader, Advocate-on-Record—For the Appellants. Akram Hossain Amin, Advocate-on-Record—For the Responde...... 1552 of 1994 in the High Court Division who acquitted the father, but altered the said conviction of the two brothers to a conviction under section 304, part I of the Penal Code and consequently, reduced the sentence to rigorous imprisonment for 10 years and to pay a fine of Taka 10,000.00 in d..Category: Criminal Law | Date: | Hits: 59
Government of Bangladesh Vs. Member, Administrative Tribunal, Dhaka and others, 2001, 30 CLC (AD)
....hat view of the matter, we no merit in this petition and the same is accordingly dismissed Ed. This Case is also Reported in: 53 DLR (AD) (2001) 112. ......ned the Army as Gentlemen Cadet and on completion of his training got regular commission in September, 1965 in the Pakistan Army and came back to Bangladesh in 1973 with the rank of Major. He then retired from the army and was appointed Manager. Tangail Cotton Mills, Chittagong by order dated 9...... The Constitution of Bangladesh, 1972, Article 102 When the Tribunal case was disposed of on merit without preferring an appeal with the appropriate forum i.e. the Administrative Appellate Tribunal, writ petition before the High Court Division is n......hat view of the matter, we no merit in this petition and the same is accordingly dismissed Ed. This Case is also Reported in: 53 DLR (AD) (2001) 112. ..Category: Administrative Law | Date: | Hits: 132
Habibur Rahman Khan (Md) Vs. Bangladesh, represented by the Secretary & other, 2001, 30 CLC (AD)
....iculation Certificate. 5. The submission for leave has no merit. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 105. ......s whether the petitioner having declared his date of birth to be 21st April 1941 at the time of joining could be changed on the basis of subsequent evidence that he was born on 21st April 1936 and retired accordingly. The petitioner relied on rule 9 of the Service Rules of Petro Bangla which rea....... The Service Rules of Petro Bangla, Rule 9 The declaration does not put an embargo on the employer to look into the personal record of the declarant to see if the declaration made in the verification roll is correct or not. ......iculation Certificate. 5. The submission for leave has no merit. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 105. ..Category: Employment/Service Law | Date: | Hits: 71
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