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Md. Shafique Ahmed Vs. Bangladesh, 2006, 35 CLC (AD)
....-IV) of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988. 4. In the aforesaid premises, this petition merits no consideration and accordingly, it is dismissed. Ed. ......-IV) of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988. 4. In the aforesaid premises, this petition merits no consideration and accordingly, it is dismissed. Ed. ..Category: Others | Date: | Hits: 106
Com. of In. Tax, Dacca Zone, Dacca Vs. M/S. Badridas Full-chand, Saidpur, Rangpur, 1981, 10 CLC (AD)
....liable to super-tax. If the firm is a registered firm, it is not liable under section 55 to pay super-tax and as the tax levied on the registered firm is at the maximum rate of income-tax. The partner has the right under section 48 of the Income-tax Act to claim a refund if the partner's in......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. ..Category: Fiscal/Taxation Law | Date: | Hits: 76
People's Republic of Bangladesh Vs. Sri Sri Madan Gopal Jew Bigraha and ors., 1981, 10 CLC (AD)
....n under section 3 of the Act, all rent receiving interests including that of Debuttor and waqf estate stood acquired and all non-retainable khas land also stood vested in the Government. This part of the proposition was overlooked by the Courts below. 4. There is another fact which n...... of the first appellate Court is empowered to question validity of Hate Court and restore that of the trial Court recording abatement of the suit, There will be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 44
Siddique Ahmed Chowdhury & others Vs. Gani Ahmed and others, 1979, 8 CLC (AD)
.....N, 337 has made an observation, which, in our view, though applicable to the facts of that case, has been expressed in such a broad language that it is apt to create confusion, and, in fact, in this particular case it misled the trial Court in-the application of the special rule of onus to the fact......is is a question of fact and hardly arises in this appeal by speÂcial leave. For the foregoing reason, we dismiss the appeal with costs. Ed. This Case is also Reported in: 33 DLR (AD) 1. ..Category: Property Law | Date: | Hits: 53
Abdul Jabbar Khan @ Jabbar Khan & ors Vs. State and another, 1980, 9 CLC (AD)
....trate he taÂkes cognizance of offence and not the offenders; once he takes cognizance of an offence it is his duty to find out who the offenders really are and once he comes to the conclusion that a part from the persons sent up by the police some other persons are involved, it is his duty to proce......ning the truthfulness or falsehood of the complaint. Then section 203 gives him the power for dismissing the complaint after considering the statement on oath of the complainant and the result of the investigation, if in his judgÂment, there is no sufficient ground for a proÂceeding. Then comes se..Category: Criminal Law | Date: | Hits: 60
Bangladesh Vs. Hail Abdul Gani Biswas and others, 1980, 9 CLC (AD)
.... and 24 of 1973 are all valid legislations, effecting necessary amendment in the E.B.S.A. and T. Act and those laws cannot be challenged on the ground of ultra-virus. Any transfer of the holding or a part thereof by an out and out sale with an agreement of re-conveyance on valuable consideration wit......ion of the High Court Division set aside and remitted back to the High Court Division for disposal. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 233 ..Category: Property Law | Date: | Hits: 85
Wahid Ali and ors Vs. State, 1980, 9 CLC (AD)
....e the orders of the High Court and that of the Sessions Judge and direct that the proceeÂdings are to continue in accordance with law. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 229 ......wÂful assembly being armed with gun, lathi etc., trespassed into the house of informant with the intention to commit murder and looted away cash, ornaments and cloths worth about Tk. 35000/-. After investigation the police submiÂtted the charge-sheet against the accused under sections 449/307/380..Category: Criminal Law | Date: | Hits: 33
Nasiruddin Vs. Government of the People's Republic of Bangladesh & ors, 1980, 9 CLC (AD)
....Estate, Dacca with a house standing thereon, and obtained possession in the same year. Appellant Nasiruddin on 13-10-71 entered into a contract to purchase the proÂperty with the owner lessee and in part performance of the contract got possession of the premises. The contract was not completed by s......t Division and remit the case back to it for decision in the light of the observation made above. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 216 ..Category: Constitutional Law | Date: | Hits: 157
Abdur Rashid Vs. Secretary, Ministry of Cabinet Affairs, EstaÂblishment Div & ors, 1980, 9 CLC (AD)
....ord—For the Appellant. Abdus Sobhan, Additional Attorney GeneÂral, Matiur Rahman, Assistant Attorney GeÂneral, instructed by Zinnur Ahmed, Advocate-on-Record—For Respondent Nos. 1 & 2. Ex-parte—Respondent No. 2. Civil appeal No. 124 of 1979 (From the judgment and order dated 16-......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 ..Category: Employment/Service Law | Date: | Hits: 70
Bangladesh and ors Vs. Somboon Asavaham, 1980, 9 CLC (AD)
....ladesh which shall be the territorial waters of Bangladesh specifying in the notification the baseline from which such limits shall be measured and the waters on the landward side of which shall form part of the internal waters of Bangladesh. Sub-section (2) provides how the baseline is to be drawn ......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 ..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)
....mpted from tax, but this exemption will not apply to a case where so much of the income as remaining unexpended during the previous year………….(6) "Income applied" meant the income set apart in the wakf deed and not the income actually spent by the Mutwalli…………….(7) T......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 ..Category: Fiscal/Taxation Law | Date: | Hits: 85
Afzal Khan Vs. Election Tribunal and Munsif. 3rd Court, Comilla and other , 1980, 9 CLC (AD)
....dents Judgment December 11, 1979. Local Government Election (Paurashova), Counting of votes. The Election Tribunal cannot count the ballot papers, unless the recounting became a necessary part of the case itself which has been brought on the basis of certain allegations of corrupt and il...... 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 ..Category: Election Law | Date: | Hits: 136
Gopinath Ghose Vs. State, 1980, 9 CLC (AD)
....ent both the conspiracies having been interÂconnected. It was held:— "What Sec. 403 lays down, if it is a conspiracy matter to be considered, is that a man cannot be tried again for that particular entry into the conspiracy for which he has already been tried. But when a person, who h......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 ..Category: Criminal Law | Date: | Hits: 42
Abdus Sattar & others Vs. Suresh Chandra Das & others, 1978, 7 CLC (AD)
....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 the death of the tenant, the tenancy ceases and hence it is not heritable…………â€...... 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. ..Category: Tenancy Law | Date: | Hits: 67
Director of Taxation & Excise, Govt of East Pak. (now BD) Vs. Mehdi Ali Khan Panni, 1980, 9 CLC (AD)
....nce of in interpreting the language of the other.……………………(11) Maintenance of one’s family members not being understood as a charity in English language. The present waqf which in part produces for family maintenance cannot be treated wholly for charitable purpose.……………......y order as to costs. ORDER OF THE COURT According to the majority view the appÂeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 138 ..Category: Trust/Waqf Law | Date: | Hits: 239
Bangladesh CheÂmical Industries Corporation and anr Vs. Sk. Abdur Rashid , 1980, 9 CLC (AD)
....Âtition. The Company took the stand that on 26th December, 1972 the order by which the respondent's service as Administrator was terminated also terminated his services as the Chief Accountant. That part of the case is concluded by the earlier writ petition and the Corporation cannot be allowed to ......ustries Ltd Looked at from any stand-point the case of the appellants does not stand and therefore this appeal is dismissed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 133 ..Category: Employment/Service Law | Date: | Hits: 70
State, People's ReÂpublic of Bangladesh and others Vs. Haji Joynal Abedin, 1980, 9 CLC (AD)
.... case from a Special Tribunal to a Martial Law Court being a matter of procedure operates retrospectively……………….(52) Right of appeal is a vested right Right of appeal by a party to an action is not affected as being a matter of existing right. By a subsequent legislation ......an Miah, (4) Boster Meah, (5) Shahnawaz, (6) Kanchan Meah and (7) Abu Ahmad under sections 148-149-448-302-364 of the Penal Code read with section 28 of the Special Powers Act, 1974. After completing investigation the police submitted charge sheet on March 31 1976 against five persons, namely, (1) C..Category: Criminal Law | Date: | Hits: 294
Dr. Mozammel Huq Chowdhury Vs. Chief Martial Law Administrator and others, 1980, 9 CLC (AD)
....post of Lecturer, Medical Jurisprudence, in the Dacca Medical College, held a post-mortem examination of a dead body identified to him as that of one Saleha Begum. He found one incised wound on upper part of the neck which according to him, was the cause of her death and suicidal in nature. He recor......ors who held examination reported to have found another Ecohymosis wound on the head and in their opinion both the injuries were the cause of her death and homicidal in nature. 3. After completing investigation police submitted charge sheet on June 6, 1978 to the Court of the Sub-Divisional Magis..Category: Criminal Law | Date: | Hits: 58
Hupen Majhi @ Hapan Tudu & ors Vs. Munshi Abul Khair, 1980, 9 CLC (AD)
....pass any decree and make any orÂder which ought to have been passed or made to pass or as the case may require and this power may be exercised by the Court notÂwithstanding that the appeal is as to part only of the decree and may be exercised in favour of all or any of the respondents or parties, ......e of the appeal in terms of the earlier order of remand passed by the High Court Division. Let the matter be disposed of expeditiously. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 96 ..Category: Property Law | Date: | Hits: 73
Bangladesh Vs. Abdur Rashid and others, 1980, 9 CLC (AD)
....9 DLR (SC) 17. Lawyers Involved: Abdus Sobhan, Addl. Attorney-General, with B. B. Roy Chowdhury, Asstt. Attorney-General, instructed by M. R. Khan, Advocate-on-Record—For the Appellant. Ex parte—The Respondents. T. H. Khan, Senior Advocate—Amicus Curiae. Civil Appeal No. III of ......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 ..Category: Others | Date: | Hits: 86
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