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Commissioner of Taxes & another Vs. M/s. Mullick Brothers, 1981, 10 CLC (AD)
.... Vs. M/s. Mullick Brothers…………………………………………..Respondent Judgment February 2, 1981. Result: The review application is allowed and the appeal is dismissed. Lawyers Involved: T. H. Khan, Senior Advocate, with Muzammel Huq Bunyan, Rabia Bhu..Category: Fiscal/Taxation Law | Date: | Hits: 98
Md. Abdul Jalil Vs. Durjan Ali alias Siddique Hossain and others, 1981, 10 CLC (AD)
....to meet this objection for preemption was allowed on merits. The order for pre-emption was however challenged by an appeal on grounds other that any ground of defect of parties. The appeal was dismissed whereupon a revision under section 115, Civil Procedure Code was filed in which an appli..Category: Property Law | Date: | Hits: 43
Sreemati Charubala Sen Gupta Vs. Abul Hashem and others, 1981, 10 CLC (AD)
....h locus standi. In the result, the appeal is allowed. Orders of the High Court Division and the District Judge are set aside and the application for addition of party to the probate proceeding is dismissed without, however, any order as to costs. Ed. This Case is also Reported in: 33 DLR ..Category: Property Law | Date: | Hits: 80
Dr. Nurul Islam Vs. Bangladesh, 1980, 9 CLC (AD)
....with the rules made under Art. 309 subject to Art. 311(2) of the Constitution and the Fundamental Rights. It is also well settled that even a temporary government servant or a probationer cannot be dismissed or removed or reduced in rank except in accordance with Art. 311(2). The above doctrine of..Category: Employment/Service Law | Date: | Hits: 180
Musharraf Hossain Chy Vs. GM, Titas Gas Transmission & Dist. Co. Ltd. & ors., 1981, 10 CLC (AD)
....ns of his service are governed by the letter of his appointment and as such his petition under Article 102 of the Constitution is not maintainable. In view of the above observations, the appeal is dismissed, the Judgment and order of the High Court Division is upheld. There will be no order a..Category: Employment/Service Law | Date: | Hits: 104
Bangladesh Steamer Agents Association Vs. Bangladesh & others, 1981, 10 CLC (AD)
....dered the application of the principle of natural justice to administrative proceedings. Lord Reid observed; ''I find an unbroken line of authority to the effect that an officer cannot lawfully be dismissed without first letting him what is alleged against him and having his defence or explanati..Category: Others | Date: | Hits: 110
Goutam Ranjan Sen and other Vs. Bangladesh and others, 1981, 10 CLC (AD)
....r even by a Will was prohibited, and so the prayer for grant of Letter of Administration could not be sustained and in view reversed the decision of the trial Court and allowed the appeal and dismissed the suit and the question set out earlier hat arisen. 2. It is true that by the no..Category: Property Law | Date: | Hits: 39
Khandaker Ehtehshamuddin Ahmed @ Iqbal Vs. Bangladesh and others, 1980, 9 CLC (AD)
....hmed @ Iqbal………………….Appellant Vs. Bangladesh and others………………………………………….Respondents Judgment March 27, 1980. Result: The appeal is dismissed. Cases Refereed to- Halima Khatun vs. Bangladesh, 30 DLR (SC) 207, Asma Jilani vs. G..Category: Constitutional Law | Date: | Hits: 292
Bangladesh and others Vs. Md. Abdur Rab, 1979, 8 CLC (AD)
....at in view of the provision of Clause (5) of the aforesaid Article which debars a member of the disciplined force from maintaining an application under the Article, the Writ Petition was liable to be dismissed. He submitted that having regard to the definition of the disciplined force as given in ..Category: Employment/Service Law | Date: | Hits: 102
S.Z.M. Nurul Huq Vs. State, 1981, 10 CLC (AD)
....rt is correct in its view that an order passed by the reviewing authority is not revisable under section 439 of the Code of Criminal Procedure. In the result both the appeals fail and the same are dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 62
Nani Gopal Saha Vs. Jatindra Lal Chowdhury and others, 1981, 10 CLC (AD)
....law; and that the Tribunal cannot pass an order in excess of its power as provided under Articles 3 and 7 of the President's Order No. 13 of 1972. In the result, the appeal fails and it is dismissed with costs, Ed. ..Category: Constitutional Law | Date: | Hits: 153
Binode Behari Saha Vs. Nitya Gopal Shaha, 1980, 9 CLC (AD)
....d J Binode Behari Saha…………………………….Appellant Vs. Nitya Gopal Shaha ……………………….Respondent Judgment July 15, 1980. Result: The appeal is dismissed. The Small Cause Courts Act, 1887 (IX of 1887), Proviso to Section 17(1) If the appl..Category: Procedural Law | Date: | Hits: 147
Abdus Samad & ors Vs. Md. Sohrab Ali and others, 1981, 10 CLC (AD)
.... 115 of the Code of Civil Procedure the learned Single Judge of the High Court of Bangladesh set aside the judgment of the lower Appellate Court holding that the preemption case should not be dismissed on the ground of non-joinder of necessary parties. It is not necessary that all the co-sh..Category: Property Law | Date: | Hits: 73
Shamuj Ali and other Vs. Kamalarma Bibi and others, 1980, 9 CLC (AD)
.... Shamuj Ali and other..............................Appellants Vs. Kamalarma Bibi and others …………………...Respondent Judgment November 26, 1980. Result: The appeal is dismissed. Case Referred to- Parmethwar Singh A.I.R, 1934 All. 626; Saraj Bhushan A.I.R. 1932..Category: Procedural Law | Date: | Hits: 111
Ful Chand Das and others Vs. Mohammad Hammad and others, 1982, 11 CLC (AD)
....d by a member of the minority community, was declared ultra vires of the Constitution of Pakistan, 1962. On this finding the judgment and decree of the trial Court were set aside and suit was dismissed. 5. Leave was granted to consider the following two questions: (1) Wheth..Category: Property Law | Date: | Hits: 75
Abdul Alim and others Vs. A. K. Abdul Hoque and others, 1982, 11 CLC (AD)
....he Limitation Act. This objection was negatived by the Executing Court, the Lower Appellate Court and the High Court Division in the Second Miscellaneous Appeal. The High Court Division dismissed the appeal holding the decree-holder is entitled to the benefit of the provisions of sec..Category: Property Law | Date: | Hits: 54
Govt. of Bangladesh Vs. Md. Arshad Ali, 1982, 11 CLC (AD)
....is led them to an erroneous decision, which cannot be sustained. Therefore, the appeal is allowed. The judgment and order of the High Court Division are set aside and the writ petition is dismissed. We make no order as to costs. Ed. ..Category: Criminal Law | Date: | Hits: 171
Messrs. Haji Noor Ali Sowdagar & Sons Ltd. Vs. Comm. of Sales, Tax, Ctg Zone, 1982, 11 CLC (AD)
....e and the claim for credit for Tk. 54,433/ was disallowed. However, the assesses was allowed credit of Rs. 18,189/- already paid by the assessee. The appeal preferred by the assessee was dismissed by the Appellate Assistant Commissioner of Income-fax. The assesses being unsuccessf..Category: Fiscal/Taxation Law | Date: | Hits: 95
Mofizur Rahman Khan Vs. Government of Bangladesh, 1982, 11 CLC (AD)
....ant Vs. Burhanuddin Ahmed………………………….. Respondent (In Civil Appeal No. 124 of 1981) Judgment March 10, 1982. Result: Civil Appeal Nos. 73 and 124 of 1981 are dismissed. Cases Referred To- Dr. Nurul Islam Vs. Govt. of Bangladesh (1981) 33 DLR (AD) 201..Category: Constitutional Law | Date: | Hits: 188
Abdul Halim Mollah @ Monohar Mollah & anr Vs. Member, App Tribunal Dacca & ors., 1982, 11 CLC (AD)
....tain an appeal from the order of acquittal, and its competency to pass an order of conviction and sentence on setting aside an order of acquittal. The learned Judges of the High Court Division dismissed the Writ Petition on taking the view that the express provision of section 30 of the Spe..Category: Criminal Law | Date: | Hits: 40