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

.... 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. ......AD) 321. ..

Category: Constitutional Law | Date: | Hits: 188

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

....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. ......70) 22 DLR S.C. 258. Lawyers Involved: Shaukat Ali Khan, Advocate, instructed by A. Basel Majumder, Advocate on Record—For the Appellants. Md. Moksudur Rahman, Deputy Attorney General, instructed by B. Hossain, Advocate on Record—For the Respond..

Category: Criminal Law | Date: | Hits: 40

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

....ges, the appeal must succeed. Therefore, the appeal is allowed. The judgment of the High Court Division is set aside and the Writ Petition is dismissed. We make no order as to costs. Ed. ......llip;…………………………………Respondents Judgment March 18, 1982. Lawyers Involved: Matiur Rahman, Assistant Attorney-General, instructed by M.R. Khan, Advocate-on-Record, —For the App..

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

Commissioner of In­come Tax A- Range, Chittagong Vs. Harendra Kumar Sil and others, 1982, 11 CLC (AD)

....dgment and order by the High Court Division are set aside. The appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 34 DLR (AD)(1982) 298; 3 BLD (AD) 1983, 48. ......td. 28 DLR (AD) 141. Lawyers Involved: Habibul Islam Bhuiyan, Advocate instructed by Md. Sajjadul Huq, Advo­cate-on Record—For the Appellant (In Civil Appeal No. 34 of 1981). A M Mahmudur Rahman, Advocate instructed by Md. Sajjadul Huq, Advocate-on Record.—For the Appellant (In Civil A..

Category: Fiscal/Taxation Law | Date: | Hits: 100

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

....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. ......s and Rural Development and another ………………………………………...Appellants. Vs. Md. Matiur Rahman ……………………………..Res..

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

Abu Bakkar Vs. Nazir Ahmed, 1982, 11 CLC (AD)

....sion are set aside and those of the lower appellate court are restored. The respondent shall pay costs of the appeal to the appellant. Ed. This Case is also Reported in: 34 DLR (AD)(1982) 237. ......od not exceeding 7 years on the expiry of which the mortgagor may get back possession by an application to the Sub divisional Ma­gistrate……….(5 and 6). Lawyers Involved: A. K. M Shafiqur Rahman, Advocate M. Giasuddin Ahmed, Advocate, instructed by Md. Aftab Hossain, Advocate on-Recordâ€..

Category: Property Law | Date: | Hits: 58

Khondker Moshtaque Ahmed Vs. Bangladesh, 1982, 11 CLC (AD)

....out any Jurisdiction." Thereafter the learned Judges considered the argument on review and notice the decision of this Court in Criminal Appeal No. 24 of 1980 Government of Bangladesh vs. Syed AM Mahbubur Rashid and observed: "Whatever may be our view with regard to the question of review th......peals are allowed. Cases Referred to- (1978) 30 DLR(AD)207; (1980) 32 DLR (AD) 216; Kh Ehteshamuddin Vs. Bangladesh (1981) 33 DLR (AD) 154; Queen Vs. Huggins 1895, I QBD 563; State Vs. Zia-Ur-Rahman PLD 1973 (SC) 49; Federation of Pakistan Vs. Saeed Ahmed PLD (SC) 151; Jamil Huq Vs. Banglade..

Category: Criminal Law | Date: | Hits: 287

Lebu Mia Vs. Ganesh Chandra Nath and others, 1982, 11 CLC (AD)

....al below and remit the case back to the said Court of appeal below for its disposal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) 220.......estion of pre-maturity was raised at the appellate stage but by then the document had been registered and so the pre-maturity could be said to have been cured……..(3) Case Referred to- Abdur Rahman @ Abdul Rahman Vs. Maklis Ali, 31 DLR (AD) 118. Lawyers Involved: Md. Hannan, Advocate,..

Category: Property Law | Date: | Hits: 65

Haji Tajamal Ali being dead his heirs: Kamarunnesa & ors. Vs. Abdus Sattar & ors, 1982, 11 CLC (AD)

....iguity" within the meaning of section 9 of the State Acquisition and Tenancy Act. 8.  In the result, the appeal is dismissed without, however, any order as to cost. Ed. ...... March 31, 1982 Cases Referred To- Akhtarun Nesa vs. Habibullah (1979) 31 DLR (AD) 88; Ahmed Hossain vs. Basharat Ali (1980) 32 DLR (AD) 54. Lawyers Involved: Rafiqur Rahman, Sr. Advocate, instructed by Zinnur Ahmed, Advocate on-Record—For the Appellants. ..

Category: Property Law | Date: | Hits: 66

Bangladesh & others Vs. A. K. M. Zahangir Hossain, 1981, 10 CLC (AD)

.... member of the said 'disciplined force' if he has been illegally dismissed, removed, discharged, reduced in rank or com­pulsorily retired. Ed. This Case is also Reported in: 34 DLR (AD) 173. ......………. Appe­llant Vs. Government of Bangladesh & others………………………………………………. Respondents (In Civil Appeal No. 39 of 1979). And S.M. Khalilur Rahman …....Appellant Vs. Government of Bangladesh & others…………………….....

Category: Constitutional Law | Date: | Hits: 188

General Manager Jamuna Oil Com­pany Ltd. Vs. Golap Rahman & another, 1982, 11 CLC (AD)

....dinance shows that the Court itself either cannot compel the attendance of such member or extract his advice. For the reasons stated above, the appeal is dismissed with costs. Ed. ......unim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J General Manager Jamuna Oil Com­pany Ltd........................Appellant Vs. Golap Rahman & another….......................... Respondent Judgment June 15, ..

Category: Labour and Industrial Law | Date: | Hits: 97

Bangladesh Vs. Winifred Rubi & ors., 1982, 11 CLC (AD)

.... 7. In the result, therefore, this appeal is allowed. And the Judgement of the High Court Division are set aside and the writ petition is dismissed. There will be no order as to cost. Ed. ...... Lawyers Involved: K. A, Bakr, Attorney General, A.W. Bhuiyan, Deputy Attorney General, with him, instructed by B. Hossain, Advocate-on-Record—For the Appellants, Rafiqur Rahman, Senior Advocate, Md. Nurul Huq, Advocate-on  Record—For the Respondent Nos. 1-3. ..

Category: Property Law | Date: | Hits: 65

Md. Habibur Rahman & ors. Vs. Hasen Ali Mondal and others, 1982, 11 CLC (AD)

....atal so as to nullify the notification issued on February 4, 1980. The appeal is allowed. The order of the High Court Division is set aside and the Writ Petition dismissed. No costs. Ed. ......ivision (Civil) Present: Kemaluddin Hossain CJ F. K. M. A. Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Md. Habibur Rahman & ors………………………. Appellant..

Category: Employment/Service Law | Date: | Hits: 100

Md. Enayet Ali Vs. Munsif of First Court at Khulna & Election Tribunal and others, 1982, 11 CLC (AD)

.... Court By the majority decision, the appeal is allowed. The orders of the Courts below are set aside and the election petition is dismissed. There will be no order as to cost. Ed. ......ourt, (M/S Zamiruddin Ahmed, K. Z. Alam and Mahmudul Islam, Advocate, Supreme Court, with him), Instructed by Md. Aftab Hossain, Advocate on Record.—For the Appeal  last. Rafiqur Rahman, Senior Advocate, Supreme Court, instructed by Zinnur Ahmed, Advocate on Record.—For t..

Category: Election Law | Date: | Hits: 121

Haripada Biswas Vs. State & another, 1982, 11 CLC (AD)

.... the decision of the High Court Division Is set aside and the proceedings in Criminal Miscellaneous Case No. 687 of 1978 of the Court of Sessions Judge, Bakerganj are hereby quashed. Ed. ...... Jan. 4, 1982. Lawyers Involved: Dr. Aleem-Al-Razee, Advocate instructed by Aminul Hug, Advocate-on-Record—For the Appellant. K. A. Bakr, Attorney General, Maksudur Rahman, Deputy Attorney General, instructed by A.W. Miah, Advocate-on-Record—For the Responde..

Category: Criminal Law | Date: | Hits: 61

Jamil Huq and 11 others Vs. Bangladesh and others, 1981, 10 CLC (AD)

....lication under Article 104 of the Constitution is rejected. The verbal prayer for stay of the execution of the sentences made by Mr. MH Khandker is refused. Ed. This Case is also Reported in: ......pot Battalion 1949, All ER 373; Burns vs. Wilson, 97 Lawyers Edition, 1508; Kartar Singh vs. Imperator, AIR 1946 Lah. (FB) 1C3. Lawyers Involved: M.H, Khandker, Senior Advocate, with Shafiqur Rahman, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record—For the Petitioner (I..

Category: Constitutional Law | Date: | Hits: 327

Commissioner of Taxes, Ctg Zone, Ctg Vs. M/s Free School Street Properties, Ltd, 1982, 11 CLC (AD)

.... the activities of the assessee was business or trading. Therefore, rule 8 (9) is applicable. In the result, therefore, this appeal is dismissed without any order as to cost. Ed. ....... 362 ; Karnani Properties Ltd. V. Com. of Income Tax W.B. 1971 I.T.R. 547 : S.G. Mercantile Corporation Ltd. Vs. Com. of Income Tax 1972 I.T.R. 700. Lawyers Involved: A. M. Mahmudur Rahman, Advocate ins­tructed by Md. Sajjadul Huq, Advocate on Record,—For the Appellant. ..

Category: Fiscal/Taxation Law | Date: | Hits: 78

Ranabir Purkayastha @ Bhanu Vs. Alekjan Bibi and ors., 1982, 11 CLC (AD)

....urt of Subordinate Judge, Second Court, Sylhet by the trial Court. The appeal is disposed of in the aforesaid terms. Ed. This Case is also Reported in: 1982 BLD (AD) 25. ......ellip;………………………………..Respondents Judgment November 2, 1981. Lawyers Involved: Rafiqur Rahman, Senior Advocate, instructed by Gazi Abdul Mannan, Advocate-on-Record— For the Appella..

Category: Criminal Law | Date: | Hits: 39

Commissioner of Income Tax, Dacca Vs. Adamjee Sons Ltd., 1982, 11 CLC (AD)

....d not separately under section 7(1) of the Wealth Tax Act. There is nothing to interfere. In the result, therefore, this appeal is dis­missed without any order as to cost. Ed. ......Cases Referred To: Commissioner of Wealth Tax vs. K.M. Desikar 92 I.T.R. 101; Commissioner of Wealth Tax vs. Pershow Properties 1969 I. T. R. 388. Lawyers Involved: Mahmudur Rahman, Advocate-on-Record, instructed by Md. Sajjadul Huq, Advocate-on Record—For the Appell..

Category: Fiscal/Taxation Law | Date: | Hits: 73

Commissioner of Income Tax Vs. Mrs. Masuda Khatun, 1982, 11 CLC (AD)

....e the exemption illusory. Accordingly, the answer to the ques­tion framed must be in the affirmative. The appeals are, therefore, dismissed without any order as to costs. Ed. ......a notice under section 34 of the Income Tax Act (hereinafter re­ferred to as the Act), the respondent-assessee filed his return disclosing the income which showed the dividend received from W. Rahman Jute Mills, an undertaking which was enjoying tax holiday under sec­tion 15-BB of the Ac..

Category: Fiscal/Taxation Law | Date: | Hits: 75