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Commissioner of Income Tax, (Now Com. of Taxes), Ctg. Vs. Saifuddin A Siddiqui, 1980, 9 CLC (AD)
....f the Income Tax Act in this case. In the result, both the appeals are dismissed on contest without, however, any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 190 ...... income, profits or gains falling within the following classes shall not to such extent as may be specified in this sub-section or prescribed in this behalf be included in the total Income of the person receiving them; (i) Any income derived from property held under trust or other legal o..Category: Fiscal/Taxation Law | Date: | Hits: 85
Gopinath Ghose Vs. State, 1980, 9 CLC (AD)
....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 ......previous conviction known in English Common Law as autre fois acquit or autre fois convict has been embodied within the language of sec. 403 (1) of the Code. The underlying principle is that if a person has been tried by a competent court for an offence and has been either convicted or acquitted..Category: Criminal Law | Date: | Hits: 42
Abdus Sattar & others Vs. Suresh Chandra Das & others, 1978, 7 CLC (AD)
.... we set aside the decision of the High Court Division and restore that of the trial Court. The appeal is allowed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 170. ......he appeal is allowed. The Small Causes Courts Act, 1887 (Act IX of 1887), section 25. The Transfer of Property Act, 1882 (Act IV of 1882), sections 105, 106. The right of occupation remains personal with the tenant. The right being personal it ceases with the death of either party. So on t..Category: Tenancy Law | Date: | Hits: 67
Abul Khair Mia Vs. Abdul Latif Sardar, 1980, 9 CLC (AD)
....965 (S.C.), 671 and Saifur Rahman vs. Haider Shah, 19 DLR (SC), 433. In the result, therefore, this appeal is dismissed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 167 ......hat summons were fraudulently suppressed and once the fraud is established, limitation will run only from the date when the fraud was detected. It is contrary to the essence of justice to saddle a person with knowledge of an ex parte decree which apparently was built up on the theory that the Pro..Category: Property Law | Date: | Hits: 69
General Manager, BD Cable Shilpa Ltd. Vs. Chairman, Khulna Labour Court & ors, 1980, 9 CLC (AD)
....as to costs and the matter is remitted to the Labour Court with liberty to the parties to adduce such evidence as they think necessary. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 165 ......ct, 1965 (Act XXV of 1965), section 2(b). Security employees of the factory filed the case for remedy as workers. The definition of worker and manufacturing process clearly reveals that unless a person is able to identify his duty as relatable to the definition, he cannot, just because he is em..Category: Labour and Industrial Law | Date: | Hits: 267
Director of Taxation & Excise, Govt of East Pak. (now BD) Vs. Mehdi Ali Khan Panni, 1980, 9 CLC (AD)
....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 ......ose or for spiritual welfare no doubt is religious, but the broad context in which the word has been used will include any religious dedication on any denomination. A valid religious dedication under personal law of assessee which satisfies the general meaning of the Act will also be considered reli..Category: Trust/Waqf Law | Date: | Hits: 239
Haleman Bewa and others Vs. Gahar Ali Mondol & ors, 1980, 9 CLC (AD)
....herefore, the appeal is allowed with costs, the decision of the High Court is set aside and that of the Court of appeal below restored. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 136 ......ongful reaping of paddy by the defendants was maintainable. In support of the finding the learned Single Judge relied upon the decision of Muralidhar vs. Rupendra Nath. 4. Leave was granted by a person out of possession for compensation for wrongful possession, is maintainable without a prayer ..Category: Property Law | Date: | Hits: 56
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. ......n) The Parliament stood dissolved by this Proclamation and dissolution dated back of 6th November, 1975 and general election for the Parliament was to be held before the end of February 1977 (iv) The person holding office such as Vice-President, Speaker, Deputy Speaker, Ministers, Ministers of State..Category: Criminal Law | Date: | Hits: 294
Salimuddin Ahmed Vs. The State, 1980, 9 CLC (AD)
....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 ...... Facts briefly are as follows: The petitioners along with four others were found to have been carrying Indian Kumbi leaves into Bangladesh near Nayerchar in Rangpur District. They were arrested persons allegedly disclosed the name of the petitioner as the owner of the goods. Thereafter Police ..Category: Criminal Law | Date: | Hits: 51
Dr. Mozammel Huq Chowdhury Vs. Chief Martial Law Administrator and others, 1980, 9 CLC (AD)
....to show that the order of transfer has been made with mala fide intention. For the reasons stated above, the Petition is dismissed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 100. ......r without a presidency town, may not arrest without warrant." From the aforesaid definitions, it appears that whether cognisable or non-cognisable, it become a 'case' as soon as some offence by any person has been committed. Facts constituting an offence make them a 'case' much earlier than the su..Category: Criminal Law | Date: | Hits: 58
Bangladesh Vs. Abdur Rashid and others, 1980, 9 CLC (AD)
....any order as costs. The orders of the High Court and the Additional District Judge, 3rd Court Dacca, as awarding interest are set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 92 ......ction 81 of this Act, and sub-section (2) of section 36 of the Land Acquisition Act, 1894, so far as the same can be made applicable, and he shall give immediate notice of the assessment to the person or persons interested: Provided that in determining such market value the Court shall ..Category: Others | Date: | Hits: 86
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 ......n. (c) One officer not below the rank of Joint-Secretary from amongst the Officers of the Scientific & Technological Research Division to be nominated by the Government; (d) Two persons to be nominated by the inter University Board from amongst scientists employed in the ..Category: Employment/Service Law | Date: | Hits: 130
Ayesha Salahuddin Vs. Chairman, Second Labour Court and anr, 1980, 9 CLC (AD)
....ibunal is upheld, but the order of the High Court converting the order of dismissal to an order of termination simpliciter is set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 68 ......r of the Labour Court was set aside. The High Court Division, however, converted the order of dismissal to an order of termination simpliciter on the ground that "the petitioner was not a desirable person to be retained in the service, accordingly, she can not be trust upon the unwilling master". ..Category: Labour and Industrial Law | Date: | Hits: 106
Ahmed Hossain & ors Vs. Basharat Ali and ors, 1980, 9 CLC (AD)
....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 ......e name of government the contiguity between the purchased land and the pre-emptors' land is lost and the right to pre-empt under section 96 of the Act reaches the vanishing point". 3. A person claiming pre-emption on the ground of having land contiguous to the land transferred can succ..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 ......inherent jurisdiction are well established and need not be repeated. It is to meet the ends of justice and should be used strictly to meet the extra-ordinary situation. It is to be invoked by the person claiming the privilege from the Court. It does not appear that any formal prayer was made by ..Category: Tenancy Law | Date: | Hits: 69
M. A. Hai Vs. Trading Corporation of Bangladesh, Dacca, 1977, 6 CLC (AD)
....er Rule 4 of the said Rules. The show- cause notice dated November 26, 1977 was signed by the Chairman himself. By this notice appellant was informed that on the basis of the inquiry reports from the Inquiry Officer of the proceeding drawn up against him, the management had provisionally decided t......reby violating the principles of natural justice. 4. From the judgment of the High Court Division it appears that the learned Judges accepted the statement of the appellant that he was not given personal hearing either by the Enquiry Officer or by the Chairman of the Corporation; and that wit..Category: Employment/Service Law | Date: | Hits: 72
Syed Masud Ali and others Vs. Md. Asmatullah & others, 1980, 9 CLC (AD)
....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 ......s waqf or not and his decision can be challenged before the District Judge. Section 50 of the Ordinance has been inserted in the enrolment chapter. Specific provisions have been made regarding the person, property, time and manner in which the enrolment is to be made. In this context, section..Category: Trust/Waqf Law | Date: | Hits: 196
Siraj Miah Vs. Bangladesh and another, 1980, 9 CLC (AD)
....ve, the appeal is allowed and the order of the Sessions Judge is set aside and the proceeding are to continue in accordance with law. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 35 ......sed as public path, attacked the informant and other villagers who protested and caused injuries to them by using a gun. Police held investigation and a charge sheet was submitted against the accused persons under section 148/324/431/379 B P.C. The informant moves the Subdivisional Magistrate, Syl..Category: Criminal Law | Date: | Hits: 60
Zahidul Haque Vs. Bangladesh and others, 1980, 9 CLC (AD)
....erred by different statutes upon a single person. The appeal therefore is allowed and the order of the High Court Division is set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 33 ...... of Criminal Procedure, 1898 (Act V of 1898), section 435. A Court of Sessions and Special Tribunal are two distinct forums vested with distinct Jurisdictions though presided over by the same person. These two statutes do not permit the overlapping of the jurisdiction of the forum created un..Category: Criminal Law | Date: | Hits: 63
Bangladesh Vs. Shahjahan Siraj @ Sirajul Islam, 1980, 9 CLC (AD)
....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 ......1975. On the basis of the charge sheets the respective Tribunals took cognisance of the cases. The allegations in the Special Tribunal case No. 258 of 1976 are that the respondent and other accused persons named in the First information Report belonged to Jatya Ganataatrik Dal. In a public meeti..Category: Criminal Law | Date: | Hits: 66
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