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Dhaka Vegetable Oil Ind. Ltd. Vs. Commissioner of Taxes, Dhk. (North) Zone, Dhaka, 1997, 26 CLC (AD)
....vanced by Mr. Rafiqul Huq. In the result both the appeals are allowed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 136 ......Act for taking fresh evidence or materials at the appellate stage is not correct. Mr. Rafiqul Huq has cited a number of decisions from the Indian Jurisdiction on the power of the (Indian) Appellate Assistant Commissioner, even in cases of best judgment assessment under section 23(4), to look into..Category: Fiscal/Taxation Law | Date: | Hits: 120
Abdur Rouf (Md) Vs. Abdul Hamid and others, 1997, 26 CLC (AD)
....tted any illegality in affirming the decision of the trial Court. The petition is dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 423, 49 DLR (AD) (1997) 133 ...... Suit No. 71 of 1989 under section 9 of the Specific Relief Act for restoration of possession of his suit shop by evicting defendant No. 1 Md. Abdur Rouf and the suit was decreed by the Additional Assistant Judge, Sylhet, Sadar. On 31-5-1989, a earned Single Judge of the High Court Division in C..Category: Property Law | Date: | Hits: 61
Shamsul Arafin Khan Vs. Kazal Miah and others, 1997, 26 CLC (AD)
.... the appellant. Accordingly, the appeal is allowed and the impugned order set aside without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 175 ......ourt, Brahmanbaria in Election Tribunal Appeal No. 5 of 1993 dismissing the said appeal for default which arose from the judgment and order of Election Tribunal Case No. 13 of 1992 of the Court of Assistant Judge and Election Tribunal allowing the election petition on 31-5-93. 2. The shor..Category: Others | Date: | Hits: 87
Azizul Haque Sikder and others Vs. Collector of Customs, Chittagong and others, 1997, 26 CLC (AD)
....own by both the Tribunals below. For the foregoing reasons, the appeal is dismissed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 172 ...... House, Chittagong, wherein Appraisers are shown in Grade XVI and Preventive Officers are shown in Grade XX, although the scale of pay in both the cases is Taka 470-1135. In the same list Chemical Assistant, Inspector and Master (1st class) are placed in different grades, although the scale of p..Category: Administrative Law | Date: | Hits: 160
Sayeed Farook Rahman Vs. Sessions Judge of the Court of Sessions, Dhaka & other, 1997, 26 CLC (AD)
.... substantial point of law which calls for granting of leave for detailed consideration. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 157 ......ifur Rahman, Advocate instructed by Azra Ali, Advocate-on-Record — For the Petitioner. KS Nabi, Attorney General, (Abdul Wadud Bhuiyan, Additional Attorney-General and Shar Chaklader, Assistant Attorney-General with him), instructed by Mvi Md Wahidullah, Advocate-on -Record — ..Category: Constitutional Law | Date: | Hits: 179
Safaruddin and others Vs. Fazlul Huq and others , 1997, 26 CLC (AD)
....round for interference with the impugned order of the High Court Division. This petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 151 ......ts by means of several registered Kabalas of the year 1978. They further plead that the suit was bad for defect of party and also non inclusion of all joint properties. 4. The learned Senior Assistant Judge, Third Court, Kapasia dismissed the Suit on 30 July 1994. Upon appeal therefrom bei..Category: Property Law | Date: | Hits: 71
AFB Jahan Mia (Md) Vs. Chairman, National Board of Revenue and others, 1997, 26 CLC (AD)
....all the above reasons we do not find any ground for interference. The appeal is dismissed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 122 ......ative Tribunal Dhaka in Tribunal Case No. 90 of 1987 allowing the appellant’s application in part, directing the respondents to r the appellant’s period service as Upper Division Assistant from 29.9.70 for the purpose of counting his seniority in the post of Inspector of Taxes,..Category: Administrative Law | Date: | Hits: 140
Jalaluddin alias Faruque and ors. Vs. Ehsanuddin and others, 1996, 25 CLC (AD)
.... of Order XLVII Rule I of the Code of Civil Procedure. We do not find any substance in this petition. It is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 116 ......n No. 1136 of 1990 discharging the Rule. 2. Predecessor of respondent Nos. 1-5 as plaintiff No. 1 and respondent No. 6 as plaintiff No. 2 brought SCC Suit No. 112 of 1986 in the First Court of the Assistant Judge, Dhaka for ejectment of the respondents from the suit premises alleging, inter alia,..Category: Property Law | Date: | Hits: 63
AKM Azizul Islam and another Vs. State, 1997, 26 CLC (AD)
.... Cr. P. C. Thus the impugned judgment does not call for any interference. The petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 115 ......ajbari, on 16-3-89 wrote to the Officer-in-Charge, Pangsha Police Station, against eight persons, alleging, inter alia, that they by fabricating certain transfer orders got themselves appointed as Assistant Teachers in different Government Primary Schools. Treating the same as the First Informa..Category: Criminal Law | Date: | Hits: 87
Nesar Ahmed also known as Babul Vs. Government of Bangladesh, 1997, 27 CLC (AD)
.... more are set aside. The appellant be set at liberty forth with if not required in connection with any other case. Ed. This case is also reported in: 49 DLR (AD) (1997) 111 ......nst the appellant and Anwarullah under section 19(f) of the Arms Act, 1878 read with section 26 of the Special Powers Act, 1974. The case was transferred to the Court of Special Tribunal No. 3 and Assistant Sessions Judge, Noakhali for trial. It is the appellant’s case that when the case v..Category: Criminal Law | Date: | Hits: 98
Nasima Begum Vs. Government of Bangladesh, 1997, 26 CLC (AD)
....ld in custody without lawful authority. Let the detenu be set at liberty forthwith if not wanted in any other connection. Ed. This case is also reported in: 49 DLR (AD) (1997) 102 ......writ petitioner’s allegations, therefore, stand uncontroversial, making the detention illegal and unsustainable. 4. The High Court Division accepted the oral contention of the learned Assistant Attorney-General appearing for the respondents that the criminal cases were mentioned in..Category: Criminal Law | Date: | Hits: 99
Chitta R Chakraborty being dead, his heirs Ashish C. & ors Vs. Md. A. Rob, 1997, 26 CLC (AD)
.... result, this appeal is allowed without any order as to costs. The impugned judgment and order of the High Court Division are set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 96 ......uted property by creating pressure on the defendant. Accordingly, he caused a false criminal case to be filed by the plaintiffs. Kashem Ali also filed a suit against the defendant in the Court of the Assistant Judge. The defendant and Ashrafuz Sultan after their purchase has filed a suit in 1979 for..Category: Tenancy Law | Date: | Hits: 88
Fazlur Rahman (Md) Vs. Government of Bangladesh, 1997, 26 CLC (AD)
.... to the writ-petition had been issued without any lawful authority and is of no legal effect. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 92. ......t from 1.9.95, to have been made without lawful authority and to be of no legal effect and directing further the respondents of the writ petition to allow the writ-petition, Mohammad Monirul Huq, the Assistant Headmaster, to act as the Acting Headmaster of the said school. 2. Relevant facts, in b..Category: Constitutional Law | Date: | Hits: 163
Category: Employment/Service Law | Date: | Hits: 95
Ezaher Meah & others Vs. Shaher Banu and others, 1997, 26 CLC (AD)
.... legal position we find no substance in the contention of the petitioners. This petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 85 ...... entered appearance in the suit and filed a written statement but ultimately did not contest the same. Defendant Nos. 9 and 10, however, contested the suit. 4. On 28 August 1991 the learned Assistant Judge, First Additional Court, Sadar, Chittagong, decreed the suit and directed defendant..Category: Property Law | Date: | Hits: 73
Resima Sultana Vs. Khaez Ahmed Mojumder, 1997, 26 CLC (AD)
.... The contentions raised by the appellant fail and accordingly the appeal is dismissed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 57 ......will be seen at the end that the question, not a very difficult one, has been answered correctly. 2. The appellant as plaintiff instituted Family Suit No. 35 of 1988 in the Family Court (Senior Assistant Judge, Sadar, Comilla) claiming dower and maintenance from the defendant-respondent. The ..Category: Family Law | Date: | Hits: 144
Anwaruddin Bepari Vs. Assistant Commissioner (Land) and Others, 1997, 26 CLC (AD)
....d without lawful authority and be of no legal effect. There will, however, be no order as to cost. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 94, 49 DLR (AD) (1997) 48 ......Rahman J Md. Abdur Rouf J Md. Ismailuddin Sarker J Anwaruddin Bepari…………………..Purchaser-Appellant Vs. Assistant Commissioner (Land) and Others……………… Respondent..Category: Property Law | Date: | Hits: 88
Abul Ahsan Vs. Administrator of Pabna Cham. of Com. & Ind. & anr, 1997, 26 CLC (AD)
.... decision. Accordingly, those petitions are disposed of as not being necessary for deciding the questions raised therein. Ed. This case is also reported in: 49 DLR (AD) (1997) 46 ......for Leave to Appeal No. 670 of 1995. Judgment: Md. Abdur Rouf J: The plaintiff-petitioner on 18-4-95 instituted Other Class Suit No. 104 of 1995 in the Court of Assistant Judge, Pabna Sadar (subsequently transferred to the Court of Senior Assistant Judge, Suj..Category: Procedural Law | Date: | Hits: 122
Mofizul Huq Vs. Mofizur Rahman and others, 1997, 26 CLC (AD)
....cost and the impugned judgment and order; are set aside. Ed. This case is also reported in: 48 DLR (AD) (1996) 121, 49 DLR (AD) (1997) 38 ......he teachers and employees of the said school is borne by the Government. Mr. Karim has brought to our notice even an inspection report of the said Girls High School submitted upon inspection by an Assistant Inspector of Education of the Inspection and Audit Directorate of the Ministry of Educati..Category: Others | Date: | Hits: 85
State Vs. Golam Mostafa & ors., 1997, 26 CLC (AD)
....ave already taken place. For the reasons stated above the appeal is dismissed subject to the modification as above. Ed. This case is also reported in: 49 DLR (AD) (1997) 32 ...... Chandpur a gruesome case of murder will remain untried making a travesty of justice. 3. Facts of the case, briefly, are that (deceased) Engineer Syed Mohammad Nuruddin was serving as Assistant General Manager of Palli Bidyut Samity at Hajiganj and the two respondents were his colle..Category: Criminal Law | Date: | Hits: 120