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Md. Abdur Rouf and others Vs. Ahmuda Khatun and others, 1981, 10 CLC (AD)

....n of the deed on the same day. No notice of this trans­fer was served on the appellants who were co-sharers. After his purchase, Karamat Ali shifted to 'B' schedule homestead land in the latter part of January, 1973. On making enquiries the appellants came to know about the transfer in Februa....... For the reasons stated above, the appeal is allowed with costs and the judgment and order of the High Court Division are set aside and those of the Trial Court are restored. Ed. ..

Category: Property Law | Date: | Hits: 47

Commissioner of Taxes & another Vs. M/s. Mullick Bro­thers, 1981, 10 CLC (AD)

....ion it will be useful to place on record the entire order-sheet. Date Event (a) 15. 7.69. M/S. Mallick Brothers, a regi­stered partnership firm filed a revised re­turn of its income for 5 yean (from 1964-65 to 1968-69) on 15......rom want of legal authority. In the result, therefore, this review appli­cation is allowed and the appeal is dismissed without any order as to costs. Ed. This Case is also Referred in: ..

Category: Fiscal/Taxation Law | Date: | Hits: 98

Md. Abdul Jalil Vs. Durjan Ali alias Siddique Hossain and others, 1981, 10 CLC (AD)

....er, Advocate, instructed by B.C. Pandey, Advocate-on-Record—For the Appellant. Md. Yeasin, Advocate, instructed by S.M., Huq. Advocate-on Record — For Respondant No. 1. Exparte— Respondents Nos. 2(i) to 2(iv) & 3 to 11 & (i) to 12(v) & 13. Civi......re-emption. In the result, the appeal is allowed with costs. The Judgment and order of the High Court Division is set aside and that of the lower appellate court is restored. Ed. ..

Category: Property Law | Date: | Hits: 43

Dr. Nurul Islam Vs. Bangladesh, 1980, 9 CLC (AD)

....eply the appellant mentioned that those doctors voluntarily retired because they obtained lucrative jobs in foreign countries. 11. The learned Judges of the High Court Division, after hearing the parties, discharged the Rule on July 29, 1980. It was held, inter alia, that (i) the Act had appar......ion set up under the Act. In declining to refer the matter to the Committee the Mini­ster gave reasons which included that the com­plaint raised wide issues which he did not con­sider suitable for investigation and that he had unfettered discretion and that if such complaint was upheld by the com..

Category: Employment/Service Law | Date: | Hits: 180

Goutam Ranjan Sen and other Vs. Bangladesh and others, 1981, 10 CLC (AD)

....f cannot get any relief, but then since the title has become eclipsed and not extinguished the suit cannot be dismissed either. In this view of the matter, the contention of Mr. Chowdhury succeeds partially. In the result the appeal is allowed in part, in that, the decision of the High Co......rt, in that, the decision of the High Court is confirmed subject to this modification that the suit shall remain stayed so long the suit property. There will be no order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 39

Khandaker Ehtehshamuddin Ahmed @ Iqbal Vs. Bangladesh and others, 1980, 9 CLC (AD)

....ice held by that signatory, are normally written by the office, which may be called a clerical function. Since the signature of the Chief Martial Law Adminis­trator is not disputed and the operative part of the order describes him as such and the designation of Chief Martial Law Adminis­trator app......tekheruddln alias Babul lodged a complaint in the Motijheel P.S. to that effect. Dr. Mozammel Huq Chowdhury carried out the post mortem examination on the dead body of Saleha Begum but without proper investigation submitted report supporting the case of suicide Dr. Mozammel Huq Chowdhri was tried se..

Category: Constitutional Law | Date: | Hits: 292

Bangladesh and others Vs. Md. Abdur Rab, 1979, 8 CLC (AD)

....rtinent at this stage to refer to Article 18B of the second Proclamation (Fif­teenth Amendment) Order 1978 being second Proclamation Order No. IV of 1978 which substituted sub-paragraph (9) and is a part of the Proclamation of 8th November, 1975 and it is follows: "In the event of the conflict,...... the appeal is allowed without any order as to costs. The order of the High Court Division is set aside and the writ re-called. Ed. This Case is also Reported in: 33 DLR (AD) (19781) 143. ..

Category: Employment/Service Law | Date: | Hits: 102

Nurunnessa and ors Vs. Babr Ali Bepari and others, 1981, 10 CLC (AD)

....f the then Pakistan in Calcutta is a valid document in Bangladesh which could be acted upon. Facts in short are, that the plaintiff Haji Abdul Karim migrated to the then East Pakis­tan in the latter part of 1357 B.S. The suit lands originally belonged to Bhattacharjees who orally settled the 'Ka' s......edule lands of the plaint. The parties will have opportunity to prove the po­wer of attorney in the manner indicated above and in accordance with law, we, however, make no order as to costs. Ed. ..

Category: Others | Date: | Hits: 128

Abdus Samad & ors Vs. Md. Sohrab Ali and others, 1981, 10 CLC (AD)

....e-emption case on February 23, 1966. The appellant contested the case by filing two lets of writ­ten objection contending, inter alia, that the case is not maintainable on account of defect of parties, as many of the co-shares by inheritance in the case holding have not been impleaded. They......zaffar Ali Khan was a necessary party which was taken for the first time in the High Court should have been entertained and whether in any view of the matter the case should have been remanded for investigation whether he was a necessary party. 11. While considering the ground upon ..

Category: Property Law | Date: | Hits: 73

Shamuj Ali and other Vs. Kamalarma Bibi and others, 1980, 9 CLC (AD)

....ocate, Instruc­ted by Abu Backkar, Advocate-on-Record. — For the Appellants. Rafiqur Rahman, Senior Advocate, instructed by Zinnur Ahmed, Advocate-on-Record.—For the Respondent No. 1. Ex-parte—Respondents No. 2-12. Civil Appeal No. 56 of 1980. (From the Judgement and order of......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: ..

Category: Procedural Law | Date: | Hits: 111

Ful Chand Das and others Vs. Mohammad Hammad and others, 1982, 11 CLC (AD)

....ucted by Miah Abdul Gafur, Advocate on Record—For the Appellants. K. A. Bakr, Senior Advocate, instructed by M.R. Khan, Advocate-on-Record—For the Respondent No. 1. Ex-parte—Respondent Nos. 2 to 17. Civil Appeal No. 97 of 1978. (From the judg......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. ..

Category: Property Law | Date: | Hits: 75

Govt. of Bangla­desh Vs. Md. Arshad Ali, 1982, 11 CLC (AD)

....llenged by the appellant contending, inter alia, that the learned Judges of the High Court  Division failed to give proper consideration to the Rules appended to the Resolution dated 18-8-58, particularly rule 7 which states that granting of reward is wholly a matter of discretion of the Go......urse nor can rewards be claimed as a matter of right. Rewards are granted wholly at the discretion of Government as a token of their apprecia­tion in cases calling for measure of industry and investigation beyond what is expected of an officer in the routine performance of his allotted dut..

Category: Criminal Law | Date: | Hits: 171

M/s. Everett Ori­ent Lines Inc. Vs. Commissioner of Income Tax Ctg Zone, Ctg, 1982, 11 CLC (AD)

....68-69 the Assessee Company claimed depreciation on the value of the three ships, namely 'Hugh Eve­rett,' Murray Everett’ and 'Monolo Everett'. The Company claimed additional depreciation apart from the normal depreciation for the third year out of the five years entitlement. The Income......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. ..

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)

....al the stage of Importation of the raw materials against the sale-tax payable on the finished products sec­tion 27(i) of the Sales-tax Act reads as under:- "27.—(1) Where partly manufactured goods are purchased by a licensed manu­facturer and tax has been paid on tho......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. ..

Category: Fiscal/Taxation Law | Date: | Hits: 95

Mofizur Rahman Khan Vs. Government of Bangladesh, 1982, 11 CLC (AD)

....ed, J., I think it appropriate to make some obser­vations of my own on the constitutional ques­tion of validation of an invalid law, struck down earlier as repugnant to a Fundamental Right. In this particular case section 9 (2) of Public Service (Retirement) Act (Act XII) of 1974 was struck down o...... 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. ..

Category: Constitutional Law | Date: | Hits: 188

Abdul Halim Mollah @ Monohar Mollah & anr Vs. Member, App Tribunal Dacca & ors., 1982, 11 CLC (AD)

....of acquittal. According to him, the Appellate Tribunal in exercise of its appellate power cannot entertain any appeal from acquittal. 10.  Sub-section (1) of section 30 is in two parts. Language of the second part of sub-­section (1) cannot be construed to support the view ......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. ..

Category: Criminal Law | Date: | Hits: 40

Bangladesh Vs. Md. Misfor Ali and others, 1982, 11 CLC (AD)

....rdy appears to be totally misconceived. Discharge from the criminal case for the charge leveled against them, by itself cannot be ground for disentitling the com­petent authority to initiate departmental pro­ceeding on the same allegations and award punishment in accordance with the Serv......;         Secretary. 2. Against the order of removal the res­pondents filed a review petition before the Re­view Board. The police after investigation sub­mitted charge-sheet against the respondents and they were put on trial before..

Category: Employment/Service Law | Date: | Hits: 92

Bangladesh Vs. Md. Matiur Rahman, 1982, 11 CLC (AD)

....hat instead of taking up the works he wrote to the Superintending Engineer to forward a copy of administrative approval of the propo­sed construction. Exception was taken for such step and a departmental proceeding was drawn up as to why he should not be dismissed from service or otherwise&n......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. ..

Category: Employment/Service Law | Date: | Hits: 87

Commissioner of Income Tax Vs. Chowdhury Ramzan Ali and another, 1982, 11 CLC (AD)

....the Appellate Tribunal under section 33. Tri­bunal may refer any question of law involved in the case for determination by the High Court and if the Tribunal does not refer, the aggrie­ved party can move the Court to require the Tribunal to state the case. Further, in the scheme of the A......ed without any order as to costs. The orders of the Court below are set aside, the proceed­ings of claims of the appellant before the Company Judge will proceed according to law. Ed. ..

Category: Fiscal/Taxation Law | Date: | Hits: 85

Rokeya Khatun Vs. Alijan @ Alijan Bepari and ors., 1982, 11 CLC (AD)

.... which protect persons, whose disabilities make them dependent upon or subject them to the influence of others, even though nothing in the nature of deception or coercion may have occurred. This is part of the law relating to personal capacity to make binding transfers or settlement of pro­pe......he modifi­cation that the suit is decreed in part in favour of the appellant to the extent of the 1/3 rd share in the suit property. Respondent No. 1 is to pay cost of the appeal. Ed. ..

Category: Property Law | Date: | Hits: 57