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Comilla Electric Supply Ltd. Vs. Commissioner of Income Tax, Chittagong Zone, 1982, 11 CLC (AD)
....Paper Ltd. AIR 1956 SC 33. Lawyers Involved: Shaukat Ali Khan, Advocate instructed by A. Baset Majumder, Advocate-on-Record— For the Appellant. A.M. Mahmudur Rahman, Advocate instructed by Md. Sajjadul Huq, Advocate-on-Record— For the Respondent. Civil Appeal No. 1 of 1981. Judgme......Income Tax Authority was perfectly correct in making the assessment. In the result, therefore, this appeal is dismissed with costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 112. ......refore, this appeal is dismissed with costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 112. ......in the year in which the sale, exchange, or acquisition, as the case may be, took place". Thus by a deeming clause the amount of compensation after computation of the difference between original cost and written down value "shall be deemed to be profit of the previous year." The tax shall be payable..Category: Fiscal/Taxation Law | Date: | Hits: 80
Moslemuddin Talukder Vs. State, 1990, 19 CLC (AD)
....dence simply a statement in the charge sheet that some sort of sanction was received it can not be said that the alleged sanction order is valid and proper and it is enough. Lawyers Involved: Md. Joynal Abedin, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record— For the Appellan...... this conviction cannot be sustained. In the result, the appeal is allowed. The order of the High Court Division is set aside. Ed. This case is also reported in: 42 DLR (AD) (1990) 103 ...... this conviction cannot be sustained. In the result, the appeal is allowed. The order of the High Court Division is set aside. Ed. This case is also reported in: 42 DLR (AD) (1990) 103 ......The appeal is allowed. The Prevention of Corruption Act, 1947 (II of 1947), Section 5(2) Without producing the order of sanction of the government permitting to prosecute a government official and putting the order into evidence simply a statement in the charge sheet that some sort of sanctio..Category: Anti-Corruption Laws | Date: | Hits: 125
Ahsan Sarfun Nur @ Mukul others Vs. Nurul Islam Sarder and another, 1989, 18 CLC (AD)
....igh Court Division. Case Referred to- Sultan Ahmed Vs. Azizullah &. others (1980) 4 Bangladesh Supreme Court Reports, page 366. Lawyers Involved: Bahauddin, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record— For the Appellant. Md. Abut Quasem, Advocate-on-Record......ugned judgment and order are set aside. Let Criminal Revision No. 180 of 1986 be heard and disposed of afresh in accordance with rules. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 90. ...... Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Ahsan Sarfun Nur @ Mukul others.……………………………………..Appellants Vs Nurul Islam Sarder and another......…………………………………Respondents Judgment Ma......Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Ahsan Sarfun Nur @ Mukul others.……………………………………..Appellants Vs Nurul Islam Sarder and another......…………………………………Respondents Judgment March 8, 1989. ..Category: Criminal Law | Date: | Hits: 40
Serina Begum and anr. Vs. Mofizul Islam and others, 1989, 18 CLC (AD)
....gh Court Division holding the same view. ……….……..(5) Lawyers Involved: M. Nurullah, Senior Advocate, instructed by Syed Sukhawat Ali, Advocate-on-Record—For the Appellants. Shah Md. Sharif, Advocate instructed by Mvi. Md. Wahidullah, Advocate-on-Record—For the Respondent No.1......rayer. The High Court Division was correct in taking the view. In the result, this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 77. ...... Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Serina Begum and another...............................................Appellant Vs. Mofizul Islam and others............................................Respondents Judgment March 12, 1...... Reported in: 42 DLR (AD) (1990) 77. ..Category: Property Law | Date: | Hits: 32
Reazul Hoque Molla Vs. Afizullah Mollah @ Shafiuddin Molla & others, 1989, 18 CLC (AD)
....ant Judge cannot restore the suit in exercise of inherent power under section 151 of the Code………………………(5 & 6). Lawyers Involved: T. H. Khan, Senior Advocate instructed by Md. Sajjadul Huq, Advocate-on-Record — For the Appellant Abu Sayeed Ahmed, Advocate instructed ......the submission made by the learned Advocate for the appellant. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 74.......ant Judge observed. It was noticed by the learned Assistant Judge as per record the summons were served upon the defendants. The summons for the appellant was, however, actually served on one Nurul Islam, a cousin of the appellant, living in the same house in the absence of the appellant. Nurul Is......u Sayeed Ahmed, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record—For the Respondent No.1. Not Represented.—Respondent Nos. 2-4 Civil Appeal No. 11 of 1988. (From the judgment and order dated 3 March, 1987 passed by the High Court Division, Dhaka in Civil Revision No. 470 of ..Category: Procedural Law | Date: | Hits: 88
Nurul Islam (Md) Vs. Election Commission & others, 1989, 18 CLC (AD)
.... Court Division acted illegally in interfering with the election commission’s order for re-election…………………….(3 & 4) Lawyers Involved: Zakir Ahmed, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record.—For the Appellant. Sharifuddin Chaklader, Advocate-on-......gment and order of the High Court Division, passed in Writ Petition No. 1120 of 1988, is set aside and the writ is re-called. No costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 71. ...... is also reported in: 42 DLR (AD) (1990) 71. ......, 1983 (LI of 1983) The Union Parishads (Election) Rules, 1983, Rule 29 Direction for holding re-election passed by the election commissioner on the basis of the report of the returning officer and such report being gathered from the report of the presiding officer, the High Court Division act..Category: Election Law | Date: | Hits: 114
Bangladesh Vs. Abdus Sobhan Talukder (Md.) and another, 1989, 18 CLC (AD)
....er Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Bangladesh, represented by the Deputy Commissioner, Pabna and others...........Appellants Vs. Abdus Sobhan Talukder (Md.) and another..............................Respondents Judgment. June 5, 1989. Result:......urt Division in the impugned Judgment, therefore, stands. In the result the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 63. ......ossain, Advocate-on-Record—For the Appellant Nos. 1 & 2. S.R. Pal, Senior Advocate, instructed by Kazi Ebadul Hoque, Advocate-on-Record—For the transposed Appellant Nos. 3-5. Mahmudul Islam, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record—For the Respondent No.1. No......rt Appellate Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Bangladesh, represented by the Deputy Commissioner, Pabna and others...........Appellants Vs. Abdus Sobhan Talukder (Md.) and another....................Category: Procedural Law | Date: | Hits: 132
Waliullah and another Vs. Abdul Wahab and others, 1988, 17 CLC (AD)
.... Khandakar Mahbubuddin Ahmed, Senior Advocate, Mahbubey Alam, Advocate with him, instructed by Sajjadul Haq, Advocate-on-Record—For the Respondent No. 1. M. A. Rouf, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record. — For the Respondent Nos. 2 and 3. Ex parte—Respondent......bjection, if any, before the decree is made final. In the result, therefore, the appeal must fail. It is dismissed without any cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 55. ......bjection, if any, before the decree is made final. In the result, therefore, the appeal must fail. It is dismissed without any cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 55. ......also reported in: 42 DLR (AD) (1990) 55. ..Category: Property Law | Date: | Hits: 32
Abdul Hamid Khan Vs. Miah Nurul Islam and others, 1989, 18 CLC (AD)
....is appeal is allowed and the judgment-and order of the High Court Division is set aside without any order as to cost. Writ is recalled. Ed. This case is also reported in: 42 DLR (AD) (1990) 49. ......is appeal is allowed and the judgment-and order of the High Court Division is set aside without any order as to cost. Writ is recalled. Ed. This case is also reported in: 42 DLR (AD) (1990) 49. ......urt Appellate Division (Civil) Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Abdul Hamid Khan.............................Appellant Vs Miah Nurul Islam and others............................Respondents Judgment March 13, 1989. Result: ...... Appellate Division (Civil) Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Abdul Hamid Khan.............................Appellant Vs Miah Nurul Islam and others............................Respondents Judgment March 13, 1989. Result: The..Category: Election Law | Date: | Hits: 115
Khaleda Roushan Ara Vs. Nurul Huq (Md.), 1990, 19 CLC (AD)
....(1990) 48 ......dent's legal expenses within two months from the receipt of notice from the trial Court, failing which the appeal shall stand dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 48 ...... On the assertion of the appellant's son that his mother was ill the case was adjourned till 13-9-1983 On the adjourned date the appellant filed an application for the Court's direction to Dr. Saiful Islam, the doctor who gave the medical certificate, to appear before the Court and prove the medical......ellant Vs Nurul Huq (Md.)............................Respondent Judgment April 12, 1989. The Code of Civil Procedure, 1908 (V of 1908) Order IX, rule 13 After considering the facts and circumstances of the case the court found some substance in the contentions of the appellant and..Category: Property Law | Date: | Hits: 38
Shah Alam and ors. Vs. State, 1990, 19 CLC (AD)
....S.C. 1775; Sheo Swarup and others vs. King Emperor AIR 1934 Privy Council 227; Safdar Ali V. Crown 5 DLR 107; Taleb v. State, 19 DLR (SC) 134; Abdur Rashid V. State, 14 DLR SC 263; Ghulam Mohammad v. Md. Sharif and the State, 21 DLR SC 206; Abdur Rashid Khondkar v. Chandu Master and others, 16 DLR (...... doubt. In the result, therefore, I would dismiss this appeal. ORDER OF COURT By a majority decision the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 31 ......he Crown (1923) ILR, Lah. 50. Lawyers Involved: Mujibur Rahman, Advocate instructed by Kazi Ebadul Huq, Advocate-on-Record—For the Appellants. Hasan Arif, Deputy Attorney General, (Fakhrul Islam, Assistant Attorney General with him), instructed by Md. Sajjadul Huq, Advocate-on-Record—......ported in: 42 DLR (AD) (1990) 31 ..Category: Criminal Law | Date: | Hits: 52
Ashraf Ali Mondal & Others Vs. State, 1987, 16 CLC (AD)
....claration. There is apprehension of delay in starting trial of the case for various reasons and on that ground the appellants are granted bail till trial commences. Lawyers Involved: Abu Nasar Md. Gaziul Hoque, Advocate, instructed by Md. Ozair Farooq, Advocate-on-Record— For the Appellan......sain be released on bail to the satisfaction of the Deputy Commissioner concerned till commencement of trial of Sessions Case No. 6/87. Ed. This case is also reported in: 42 DLR (AD) (1990) 08.......t will be for the trial court to see whether the appellants should continue on bail during the trial also. The appeal is therefore allowed. 8. Let the appellants Ashraf Ali, Korban Ali, Nurul Islam and Lokman Hossain be released on bail to the satisfaction of the Deputy Commissioner concer......1, 1987. Result: The appeal is allowed. The Code of Criminal Procedure, 1898 (V of 1898), sections 339C & 497 The appellant no. 1 has not been named in the FIR for doing any overt act and also he has not been named in the dying declaration. There is apprehension of delay in starting ..Category: Criminal Law | Date: | Hits: 63
Chand Mia @ Chand Mia @ Chan Mia Mondal & Ors. Vs. State, 1988, 17 CLC (AD)
....Shah Vs. The King Emperor AIR 1945 (PC) 118; Mamand and others Vs. The Emperor AIR 1946 (PC) 45; Mst. Hamida Bano Vs. Ashiq Hossain 15 DLR (SC) 65; AIR 1946 PC 45; AIR 1945 PC 118; AIR 1935 (SC) 216; Md. Abdur Rahim Mondal Vs. The State 29 DLR (SC) 246 (249); AIR 1946 PC 45; Samiruddin Ahmed Vs. Sta......s time to have recourse to the protection of the public authorities." Hence, in the facts of this case, the plea is not available. Ed. This case is also reported in: 42 DLR (AD) (1990) 03. ......s time to have recourse to the protection of the public authorities." Hence, in the facts of this case, the plea is not available. Ed. This case is also reported in: 42 DLR (AD) (1990) 03. ......se is also reported in: 42 DLR (AD) (1990) 03. ..Category: Criminal Law | Date: | Hits: 105
Sultan Ahmed & Others Vs. Akhtaruzzaman & Others 1989, 18 CLC (AD)
....nvolved: M. H. Khondkar, Senior Advocate (A. J. Mohammad Ali, Advocate with him), instructed by Sharifuddin Chaklader, Advocate-on-Record—For the Appellants. Awlad Ali, Advocate instructed by Md. Sajjadul Huq, Advocate-on-Record— For Respondent No. 1. Ex-parte.—Respondent Nos. 2—24.......t, the appeal is allowed. The order for pre-emption is set aside and the Miscellaneous case is dismissed. No order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 01. ...... dated 24 March 1986, reversed the order of the Appellate Court and restored that of the trial Court. 3. The application for pre-emption was opposed, among other things, on the ground that Nurul Islam, father of the purchasers was a co-sharer by inheritance in Plot No. 2085 of the Khatian con................................ Appellants Vs Akhtaruzzaman & Others ..................Respondents Judgment March 29, 1989. Result: The appeal is allowed. The State Acquisition and Tenancy Act, 1950 (XXVIII of 1951), section 96 A co-sharer in one of the plots of the khatian..Category: Property Law | Date: | Hits: 36
Sikandar Ali Sikdar Vs. State and others, 1978, 7 CLC (AD)
....n in the mind of the trial Court and so it should not be taken note of. With the observation made above, this appeal is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 135. ......n in the mind of the trial Court and so it should not be taken note of. With the observation made above, this appeal is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 135. ...... is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 135. ...... Ed. This Case is also Reported in: 31 DLR (AD) (1979) 135. ..Category: Criminal Law | Date: | Hits: 43
Unimarine S. A. Panama Vs. Bangladesh, 1977, 6 CLC (AD)
....of the trial Court, and dismiss the petition for attachment before Judgment of the Plaintiff. We, however, make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 112. ......of the trial Court, and dismiss the petition for attachment before Judgment of the Plaintiff. We, however, make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 112. ...... Referred To- Shamsul Hada Vs. Mozammel Huq (1975) 27 DLR 256; Premraj Vs. Maneck Gazi, AIR, 1971 Calcutta 156. Lawyers Involved: S.R. Pal, Senior Advocate, with M. Maiqfizullah and Nurul Islam, Advocates instructed by A. Rab-II, Advocate-on-Record - For the Appellants. K.A. Bakr Att......d in: 31 DLR (AD) (1979) 112. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 217
Syed Ahmed Molla Vs. Halima Begum and others, 1977, 6 CLC (AD)
....34, while the appellant and the said Khan Brothers were the recorded co-sharer tenants in the holding, the co-sharer Khan Brothers sold their share by a registered kabala dated 3.12.66 to a stranger, Md. Khalilur Rahman, Respondent No.4, for consideration of Taka 6,000.00. The appellant was served w...... is allowed with costs. The judgment and order of the High Court are set aside and those of the Additional District Judge are restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 123....... is allowed with costs. The judgment and order of the High Court are set aside and those of the Additional District Judge are restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 123.......23...Category: Property Law | Date: | Hits: 33
Abdur Rahman @ Abdul Rahman Vs. Maklis Ali and another, 1978, 7 CLC (AD)
....es Referred to- Muhammad Meherali Mondal Vs. Muhammad Karim Ali Sarkar (1965) 17 DLR 365; Abdur Rahman Vs. Baser Ali (1969) 21 DLR 99. Lawyers Involved: M.A. Rouf, Advocate, instructed by Md. Giasuddin Bhuiyan, Advocate-on-Record - For the Appellant. Not Represented – the Responden...... Court are set aside and that of the trial Court restored. As there is no appearance on the other side, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 118. ...... Court are set aside and that of the trial Court restored. As there is no appearance on the other side, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 118. ......t Appellate Division (Civil) Present: Kemaluddin Hossain CJ KM Sobhan J Badrul Haider Chowdhury J Abdur Rahman @ Abdul Rahman..............Appellant Vs. Maklis Ali and another..............Respondents Judgment December 6, 1978. Result: The appeal is..Category: Property Law | Date: | Hits: 34
Aijuddin Matbar Vs. Fagu Matbar & others, 1978, 7 CLC (AD)
....i Matbar are discharged from their bail bonds. Criminal Appeal No.8 of 1977 is disposed of without any separate order passed therein. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 101.......i Matbar are discharged from their bail bonds. Criminal Appeal No.8 of 1977 is disposed of without any separate order passed therein. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 101.......passed therein. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 101.......ers Involved: Shafiqur Rahman, Advocate, instructed by A. Backkar, Advocate-on-Record - For the Appellant (In Criminal Appeal No.8 of 1977). Abul Kashem, Advocate - For the Respondents No.1-3 and 5-7. B. B. Roy Chowdhury, Assistant Attorney-General, instructed by S.S. Huda, Advocate-on-R..Category: Criminal Law | Date: | Hits: 39
Akhtarun Nessa and another Vs. Habibullah and ors, 1980, 9 CLC (AD)
....im Vs. Harendra Chandra Dhupi (1962) 14 DLR 847; Salimuddin Mondal Vs. Mahitosh Biswas (1962) 14 DLR 796; Brojendra Chandra Saha Vs. Debendra Chandra Saha (1965) 17 DLR 618; Mosammat Asimon Nessa Vs. Md. Akbar Ali Sheikh (1967) 19 DLR 639; Ruhul Amin Mestory Vs. Fazar Banu (1969) 21 DLR 647; Serajud......of the learned Subordinate Judge are restored. In the facts and circumstances of the case we allow half of the costs to the appellant. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 88. ......to the appellant. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 88. ...... This Case is also Reported in: 31 DLR (AD) (1979) 88. ..Category: Property Law | Date: | Hits: 32
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