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Com. of In. Tax, Dacca Zone, Dacca Vs. M/S. Badridas Full-chand, Saidpur, Rangpur, 1981, 10 CLC (AD)
....eal is allowed. The judgment of the High Court Division is hereby set aside and the answer of the question under section 66 (1) must be in the negative. There will be no order as to costs. Ed. ...... 1970). Judgment: Badrul Haider Chowdhury J: This appeal arises by way of special leave. The respondent filed income-tax returns without any statement of accounts for the assessment..Category: Fiscal/Taxation Law | Date: | Hits: 76
Amar Chandra Saha Vs. Ajit Kumar Das, 1981, 10 CLC (AD)
.... mere fact of payment of rent by the Tenant. We, therefore, find no reason to interfere with the decision of the High Court. The appeal is dismissed with no order as to costs. Ed. ......86 and 1313 (Rule) of 1968). Judgment: Kemaluddin Hossain J.- This is an appeal on special leave from the decision of a Single Judge of the Dhaka High Court allowing a revision under Small ..Category: Property Law | Date: | Hits: 44
Udaypur Halima Darul Ulum Madrasha and others Vs. Bangladesh, 1981, 10 CLC (AD)
....ust succeed. Therefore, the appeal is allowed and the order of the High Court Division is set aside. Let the Government proceed in accordance with law. We make no order as to costs. Ed. ......spondent. Civil Appeal No. 156 of 1979. Judgment: Ruhul Islam J.- This appeal by special leave arises from the judgment of the High Court Division dated June 27, 1979 in Writ Petition No...Category: Property Law | Date: | Hits: 93
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. ...... 120 of 1978 (From the judgment and order dated April 3, 1975 passed by the High Court Division in Income-tax Reference Case No. 2 of 1969) Judgment Ruhul Islam J.- This appeal by special leave arises from the judgment dated April 3, 1975 of the High Court Division in Reference Case No..Category: Fiscal/Taxation Law | Date: | Hits: 78
S.M. Quddus & ors Vs. Chairman, Labour Court, Ctg. & anr, 1981, 10 CLC (AD)
.... provides, in our opinion, sufficient justification for granting termination benefits instead of reinstatement. In that view of the matter, the petitions are dismissed. Ed. ...... by Aftab Hossain, Advocate-on-Record—For the Respondent No. 2 (in all the petitions). Not represented—Respondent No. 1 (in all the petitions.) Civil Petition for special leave to appeal Nos. 58 to 60 of 1980. (On appeal from the judgment and order dated 6-6-79..Category: Labour and Industrial Law | Date: | Hits: 110
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. ......t Nos. 2-20. Civil Appeal No. 6 of 1979. (From the Judgment and Decree dated 3-9-76 passed by the High Court in S A. No. 409 of 1965.) Judgment Kemaluddin Hossain CJ.- In this appeal leave was granted to consider a short question of law but of considerable public importance; that th..Category: Property Law | Date: | Hits: 53
Government of Bangladesh Vs. Md. Abdus Subhan &. others, 1979, 8 CLC (AD)
....n of P.O. 16 of 1972 is illegal and as such the provision of M.L.R. VII 1977 has no application. The petition is therefore dismissed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 255.......n of P.O. 16 of 1972 is illegal and as such the provision of M.L.R. VII 1977 has no application. The petition is therefore dismissed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 255...Category: Property Law | Date: | Hits: 67
Abdul Jabbar Khan @ Jabbar Khan & ors Vs. State and another, 1980, 9 CLC (AD)
....oned in the original complaint petition and sent up for trial by the police and he will be guided by the principles enunciated above. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 247 ......9. (From the judgment and order dated 16-2-77 passed by the High Court Division in Criminal Revision No. 152 of 1974). Judgment: Badrul Haider Chowdhury, J: — In this appeal by special leave a question of public importance has been raised as to whether the High Court Division was corr..Category: Criminal Law | Date: | Hits: 60
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 ......The High Court Division stayed the operation of the order of the learned District Judge passed in the aforesaid Miscellaneous Appeal No, 366 of 1979. This order was challenged before this Court and leave was granted on the terms whether in view of sections 24, 54 and 56 of the Specific Relief Act ..Category: Others | Date: | Hits: 94
Abu Taleb Mridha Vs. State, 1980, 9 CLC (AD)
....se and the Court has quashed the proceedings on merit as against that accused. In the result, therefore, this appeal is dismissed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 209 ......se and the Court has quashed the proceedings on merit as against that accused. In the result, therefore, this appeal is dismissed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 209 ..Category: Criminal Law | Date: | Hits: 57
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 ...... K. Hossain, C.J.—I have gone through the judgment proposed to be delivered in this appeal by my learned brother Ruhul Islam, J., to which I concur. Ruhul Islam, J.—This appeal by special leave is directed against the judgment and order of the High Court Division dated March 16 1979 in W..Category: Employment/Service Law | Date: | Hits: 70
Bangladesh and ors Vs. Somboon Asavaham, 1980, 9 CLC (AD)
....e foregoing reasons, the appeals are allowed with costs. The order of the High Court Division is set aside and the writs are re-called. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 194 ...... Act either. 4. We have heard the learned arguments from the Attorney General and the Counsel of the respondents Mr. Asrarul Hossain. To appreciate the rival contentions the grounds on which the leave has been granted may be summarised: (i) Whether the respondents having alternative r..Category: Admiralty Law or Maritime Law | Date: | Hits: 246
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 ......ul Huq, Advocate-on-Record— For the Respondent. Civil Appeal Nos. 3 & 4 of 1978. (Arising out of C. P. Nos. 65 & 66 of 1976) Judgment Shahabuddin Ahmed, J. —These two appeals by special leave arise out of two identical judgments and orders of the High Court Division in Reference Case..Category: Fiscal/Taxation Law | Date: | Hits: 85
Afzal Khan Vs. Election Tribunal and Munsif. 3rd Court, Comilla and other , 1980, 9 CLC (AD)
.... purpose of doing complete justice in the matter. In the result, therefore, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 186 ......79. (From the judgment and order dated 2nd February, 1979 passed by the High Court Division m Writ Petition No. 847 of 1978.) Judgment: Badrul Haider Chowdhury, J.—This appeal by special leave arises out of the Judgment and Order passed by a Division Bench of the High Court Division in ..Category: Election Law | Date: | Hits: 136
Badsha Mia Bepari Vs. Abul Bashar & ors., 1980, 9 CLC (AD)
....lating back becomes academic having no bearing with merits of the appeal. For the foregoing reason this appeal is dismissed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 183 ......of 1979. (From the Judgment and Order dated 18-7-78 passed by the High Court Division in Civil Revision Case No. 1062 of 1965.) Judgment: Kemaluddin Hossain CJ.—This appeal is by special leave by the purchaser pre-emptee in an application for pre-emption under section 96 of the State ..Category: Property Law | Date: | Hits: 57
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 ......79 (From the judgment and Order dated the 3rd May, 1977 passed by the High Court of Bangladesh in criminal Reference No. 39 of 1973). Judgment: Shahabuddin Ahmed, J:-This appeal of special leave calls in question an order of the High Court Division dated May 3, 1977 refusing to quash a ..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. ......tion, can become an estate to be inherited by persons who have never occupied the premises? It is a proposition which is untenable; In that event the tenant having the bare right of occupation will leave after his death a higher right to his heirs in the tenancy, which he never had. The heirs will..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 ...... of 1978. (From the judgment & order dated 5.9.74 passed by the High Court Division in Civil Revision Case Mo. 787 of 1974). Judgment: Badrul Haider Chowdhury, J.—This appeal by special leave is directed against the judgment and order passed by the High Court Division in Civil Revi..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 ...... Civil Appeal No. 123 of 1978. (From the judgment and Order dated 3.1.78 passed by the High Court Division in Writ Petition No. 10 of 1978). Judgment KM Subhan J.—This appeal by special leave is from the judgment of the High Court Division passed in Writ Petition No. 10 of 1978. The ap..Category: Labour and Industrial Law | Date: | Hits: 267
Manager, Kushtia Sugar Mills Vs. Chairman, Khulna Labour Court and another, 1980, 9 CLC (AD)
....plication under that section is not maintainable. For the reasons stated above the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 162 ...... No. 2 resigned and left his job on November, 11, 1975. His resignation was duly accepted. On 13-11-76 he filed an application to the petitioner asking for payment of wages in respect of compensatory leave of 803 days. As he did not obtain any relief from the petitioner, Respondent No. 2 filed an ap..Category: Employment/Service Law | Date: | Hits: 68