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Shamuj Ali and other Vs. Kamalarma Bibi and others, 1980, 9 CLC (AD)
....the appellate court if appeal is preferred from the decree of reversal of the first appellate court. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: ...... Schedule 1 of the Limitation Act, 1908 and not by Article 182 of the said Act. The High Court Division further held that even if Art. 181 applies to an application for restitutions the three years period of limitation provided thereunder will begin from the date of the final decree in second appe..Category: Procedural Law | Date: | Hits: 111
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. ......ause (b) or clause (c) of the said sub-section shall be disposed of within three months from the date of filing the appeal. (10) Where an application is not disposed of within the period as specified in sub-section (4) or sub-section (5), or an appeal is not disposed of w..Category: Property Law | Date: | Hits: 75
Abdul Alim and others Vs. A. K. Abdul Hoque and others, 1982, 11 CLC (AD)
....Act. In this view, the appeal is allowed but in the facts of case we make no order as to costs. The decrees of courts below are set aside and the execution petition dismissed. Ed. ......eeding of the Courts of the first instance but also in the appellate Courts and in execution Courts. Thus the first contention of Mr. Salam fails. 4. In so far as the computing of the period that passed between the dismissal of the first execution case on 26th June, 1965 and the ins..Category: Property Law | Date: | Hits: 54
Sultan Ahmed, Advocate and others Vs. Haji Sultan Ahmed and others, 1982, 11 CLC (AD)
....gh Court Division dated 5 June 1981, order of the Additional Sessions Judge dated 30th November 1979 and the order dated 16 October 1978 of the learned Magistrate are set aside. Ed. ......apers of both the parties relating to the disputed land and by an order dated 16 October 1978 asked the second party to execute a bond with surety of Tk. 2000/- for "good behaviour" for a period of one year under section 107 of the Code. The order is quoted below: "I am..Category: Criminal Law | Date: | Hits: 51
M/s. Everett Orient Lines Inc. Vs. Commissioner of Income Tax Ctg Zone, Ctg, 1982, 11 CLC (AD)
....esult, therefore, both the appeals are allowed. The judgement of the High Court Division is set aside and the orders of the Tribunal are restored. There will be no order as to costs. Ed. ......ome Tax Act and of Rule 9 (old) rule (8) of the Income Tax Rules and was justified in allowing additional depreciation in respect of the vessels which did not ply in Pakistani waters during the period in question and which had not been installed in Pakistan." (ii) Wheth..Category: Fiscal/Taxation Law | Date: | Hits: 114
Messrs. Haji Noor Ali Sowdagar & Sons Ltd. Vs. Comm. of Sales, Tax, Ctg Zone, 1982, 11 CLC (AD)
....hy;tention of the assessee cannot be accepted. In my opinion the question has been correctly decided by the High Court Division. Therefore, the appeal is dismissed with costs. Ed. ...... raw materials amounting to Rs. 96,170/-. The assesses contended that on the relevant date there was an opening stock of those imported raw materials which were consumed during the accounting period and the assessee claimed credit of Rs. 54,433/- being the amount paid as sales-tax on the ra..Category: Fiscal/Taxation Law | Date: | Hits: 95
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. ......C) 208; PLD 1970 SC 98 the relevant portion of which is quoted below: "There may be a variety of reasons which may impel a Government to compulsorily retire an officer on his having completed the period of service qualifying him for pension and Government alone is the best judge of those reasons..Category: Constitutional Law | Date: | Hits: 188
Abdul Halim Mollah @ Monohar Mollah & anr Vs. Member, App Tribunal Dacca & ors., 1982, 11 CLC (AD)
....nion is that such appeal cannot be entertained. I would, therefore, allow the appeal. Order of the Court By the majority judgment the appeal is dismissed. Ed. ......e) by the Public Prosecutor that such an appeal is being filed, the person in respect of whom the order of acquittal was passed shall continue to remain in custody. (3) The period of limitation for an appeal under clause (1) shall be (sixty) days from the date of sentenc..Category: Criminal Law | Date: | Hits: 40
....dgment and order by the High Court Division are set aside. The appeals are allowed without any order as to costs.
Ed.
This Case is also Reported in: 34 DLR (AD)(1982) 298; 3 BLD (AD) 1983, 48.
......aving declined price of the particular commodities increased and consequently the assessee earned profit at a very high rate, and he was of the opinion that the rate of gross profit of the material period could not be compared with the gross profit of earlier years. In Civil Appeal No. 50 of 1981 ..
Category: Fiscal/Taxation Law | Date: | Hits: 100
Bangladesh Vs. Md. Matiur Rahman, 1982, 11 CLC (AD)
....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. ......t seems cannot get the relief for which he came before the Court of law. To my mind the charge proved calls for a minor punishment, namely, censure or withholding of promotion for a specified period. It is interesting that Rule 4(2) (d) provides for recovery from pay of the whole or in part..Category: Employment/Service Law | Date: | Hits: 87
Hajee Khabiruddin Ahmed Vs. Md. Salam Kabir, 1982, 11 CLC (AD)
....ter the lapse of a reasonable time. For the reason stated above, the appeal is allowed with costs. The judgment of the High Court Division is set aside and that of the trial court restored. Ed. ......month payable by the 7th day of the next month. A sum of Tk. 2000/- was paid to the appellant as security deposit to be refunded to the respondent on the expiry of the lease which was initially for a period of one year, renewable by mutual agreement. The respondent who held and possessed the premi..Category: Tenancy Law | Date: | Hits: 67
Abu Bakkar Vs. Nazir Ahmed, 1982, 11 CLC (AD)
....ng the ground that the transaction was an out and out sale with a condition for reconveyance on repayment of the consideration within a period of 5 years, bat no repayment having bean made within the stipulated period the transaction of sale become absolute and as such the plaintiff was not entitled.......................... Respondent Judgment February 23, 1982. Result: The appeal is allowed. The State Acquisition and Tenancy Act, 1951 (Act XXVIII of 1951), Section 95. The maximum period of limitation of mortgage under section 95 of the State Acquisition Act 1950 was 15 years and..Category: Property Law | Date: | Hits: 58
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. ......ition the background of the events between 15th August, 1975 and 26-11-1976 was detailed mentioning his press statement on 26 11-1976 protesting the postponement of general election for an indefinite period by the then President Sayem In his address to the Nation on 21-11-1976, The press statement i..Category: Criminal Law | Date: | Hits: 287
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. ...... the case of an order passed by the Inspector-General, to the Governor.* Clause (d) provides that no second appeal shall lie from an order passed in an appeal. 52. Regulation 883 provides the period of appeal and procedures. Petitions of appeal or revision shall be presented to the officer a..Category: Constitutional Law | Date: | Hits: 188
Jamil Huq and 11 others Vs. Bangladesh and others, 1981, 10 CLC (AD)
....lication under Article 104 of the Constitution is rejected. The verbal prayer for stay of the execution of the sentences made by Mr. MH Khandker is refused. Ed. This Case is also Reported in: ......73. The facts of this case are that on August 29, 1946, authority was given to the applicant, who was a private in the Royal Army Service Corps to go into the reserve on compassionate grounds for a period of two months. On October 29, 1946, the day before he should have reported under his orders o..Category: Constitutional Law | Date: | Hits: 327
Al-Sayar Navigation Co. Vs. Delta International Traders Ltd. and ors., 1982, 11 CLC (AD)
.... ship itself was scrapped, immediately after this voyage. It is disputed that it was an old vessel. Even on the admission of the appellant, this ship was incapable of performing the voyage within the stipulated period and they must face consequences. 37. In the case before us the appellant were a......f was scrapped, immediately after this voyage. It is disputed that it was an old vessel. Even on the admission of the appellant, this ship was incapable of performing the voyage within the stipulated period and they must face consequences. 37. In the case before us the appellant were apprised of ..Category: Admiralty Law or Maritime Law | Date: | Hits: 264
Commissioner of Income Tax Vs. Mrs. Masuda Khatun, 1982, 11 CLC (AD)
....e the exemption illusory. Accordingly, the answer to the question framed must be in the affirmative. The appeals are, therefore, dismissed without any order as to costs. Ed. ......ect to certain conditions. Section 15-BB was introduced in 1959 and the industrial undertakings set up between April, 1959 and 30th June, 1965 were given exemption from the tax for specified period. The material portion of section 15-BB is as follows:— "15-BB...Category: Fiscal/Taxation Law | Date: | Hits: 75
Nurjahan Begum, wife of Mahmudur Rahman Vs. Mahmudur Rahman Mullick , 1982, 11 CLC (AD)
....not be sustained. In the result the appeal is allowed, judgment and decree of the trial Court and those of the High Court Division are set aside and the suit is dismissed with costs. Ed. ......would have been deposited in his account. The statements of account do not show any deposit of Rs, 50,000/- by the plaintiff. But the statements show that in one of the two accounts during the period from March 23, and May 12, 1945 in total Rs. 43,526/- was deposited. The plaintiff in his de..Category: Property Law | Date: | Hits: 448
Habibur Rahman Vs. The State, 1982, 11 CLC (AD)
....retrial is set aside and the order of the Special Tribunal dated 1-8-1975, allowing the withdrawal is restored. Consequently the petitioner stands acquitted under section 494 Cr.P.C. Ed. ......nary criminal court. I am afraid this interpretation runs counter to the letter and spirit of this Regulation which obviously aims at only ordinary cases which were withdrawn in the pre-martial Law period or in the period preceding these Martial Law Regulations. Mr. Aminul Huq argues that "..Category: Criminal Law | Date: | Hits: 46
Chairman, D. I. T and another Vs. Chairman, 2nd Labour Court and another, 1981, 10 CLC (AD)
....gh Court Division and the Labour Court are set aside, and the petition before the Labour Court dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) 37. ...... most illegally and without any lawful authority." 5. He further prayed for a direction on the Second Party to pay subsistence allowance and 50% for the first 60 days and full salary for the rest period with effect from 5.2.74. The Labour Court allowed the petition and directed the second party ..Category: Labour and Industrial Law | Date: | Hits: 108
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