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Abdul Alim and others Vs. A. K. Abdul Hoque and others, 1982, 11 CLC (AD)
....ellants. Shafiqur Rahman, Advocate, instructed by Md. Aftab Hossain, Advocate-on- Record— For the Respondents. Civil Appeal No. 76 of 1979. (From the Judgment and order dated 12.7.78 passed by the High Court Division in S. M. A. No. 7 of 1973). Judgment: ......Act. In this view, the appeal is allowed but in the facts of case we make no order as to costs. The decrees of courts below are set aside and the execution petition dismissed. Ed. ..Category: Property Law | Date: | Hits: 54
Sultan Ahmed, Advocate and others Vs. Haji Sultan Ahmed and others, 1982, 11 CLC (AD)
.... Advocate- on-Record.—For the Appellants. Md. Aftab Hossain. Advocate-on-Record. — For the Respondents. Criminal Appeal No. 7 of 1982. From the judgment and order dated 5th June, 1981 passed by the High Court Division in Criminal Revision Case No. 34 of 1980. ......nd party. But the learned Magistrate by an order dated 20.7.74 treated the application as one under section 145 of the Code since there was a dispute over possession of a land likely to cause breach of the peace, and accordingly drew a proceeding thereunder. In due course second party-appel..Category: Criminal Law | Date: | Hits: 51
M/s. Everett Orient Lines Inc. Vs. Commissioner of Income Tax Ctg Zone, Ctg, 1982, 11 CLC (AD)
....nstructed by Md. Sajjadul Huq, Advocate-on-Record — For the Respondent. Civil Appeal Nos. 129 of 1980 and 130 of 1980. On appeal from the judgment and order dated 23-6-1980 passed by the High Court Division in Application No. 125/72. Judgment: ......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)
....llant, A.M. Mahmudur Rahman, Advocate instructed by Md. Sajjadul Huq, Advocate-on-Record.—For the Respondent. Civil Appeal No, 100 of 1981. From the judgment and order dated 24-6-1980 passed by the High Court Division in Application No. 157 of 1972. Judgment: ......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)
....the Respondent (In Civil Appeal No. 124 of 1981). S.R. Pal and Syed Ishtiaq Ahmed, Senior Advocates—Amicus Curiae. Civil Appeal Nos. 73, 74 and 124 of 1981 (From the Judgment and Orders dated 27.6.1980 and 27.5.1981 respectively passed by the High Court Division in Writ Petition Nos. 1...... 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)
....sudur Rahman, Deputy Attorney General, instructed by B. Hossain, Advocate on Record—For the Respondents. Criminal Appeal No. 18 of 1980. (From the judgment and order dated 3.7.1979 passed by the High Court Division in Writ Petition No. 109 of 1979.) Ju......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)
....ssain, Advocate, Jainul Abedin, Advocate with him instructed by Syed Sakhawat All, Advocate-on-Record - For the Respondents. Civil Appeal No. 36 of 1981. (From the Judgment and order dated December 7, 1979 passed by the High Court Division in Writ Petition No. 180 of 1978.) ......sposal of the appeal are that the respondents were employees under the appellant Bangladesh Water Development Board and they were removed from service on the charge of misconduct and breach of discipline. It was alleged that the respondents entered into the office of the Deputy Dir..Category: Employment/Service Law | Date: | Hits: 92
Bangladesh Vs. Md. Matiur Rahman, 1982, 11 CLC (AD)
....ain, Mahmudul Islam, Advocates with him instructed by Md. Aftab Hossain, Advocate-on-Record. —For the Respondent. Civil Appeal No. 121 of 1981 (From the judgment and order dated 3rd April, 1981 passed by the High Court Division in Writ Petition No. 572 of 1980). ......holding of promotion for a specified period. It is interesting that Rule 4(2) (d) provides for recovery from pay of the whole or in part of any pecuniary loss caused to Government by negligence or breach of orders. In this case though the Secretary has harped on the theme of pecuniary loss witho..Category: Employment/Service Law | Date: | Hits: 87
Rajan Miah Vs. Abdur Rashid and another, 1982, 11 CLC (AD)
.... B. K. Das, Advocate, instructed by Syed Sakhawat Ali, Advocate-on-Record.—For the Respondent No. 1. Civil Appeal No. 75 of 1981. (On appeal from the judgment and order dated 27.1.1978 passed by the High Court Division in Second Appeal No. 467 of 1978.) Judgmen...... of the trial court judgment by the appellate Court below was justified and the plaintiff is not entitled to any relief. In the result, therefore, this appeal is dismissed with cost. Ed. ..Category: Property Law | Date: | Hits: 47
Commissioner of Income Tax Vs. Chowdhury Ramzan Ali and another, 1982, 11 CLC (AD)
..... C R. Ali, Advocate, instructed by Abu Backkar, Advocate-on-Record.—For the Respondent No. 1. Civil Appeal No. 31 of 1978. (From the judgment and order dated 16.2.77 passed by the High Court in Appeal No. 6 of 1968) Judgment: ......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
....q, Sr. Advocate, Habibul Islam Bhuiyan, Advocate with him, instructed by S M Huq, Advocate on-Record — For the Respondents.
Civil Appeal No. 16 of 1980.
(From the Judgment and Decree dated February 28, 1979 passed by the High Court Division in Second Appeal No. 160 of 1979.)
......persona! hearing has, in any way, prejudiced the respondent.
For the reasons stated above, the appeal is allowed but without any order as to costs.
Ed.
This Case is also Reported in:
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Category: Employment/Service Law | Date: | Hits: 109
Abu Bakkar Vs. Nazir Ahmed, 1982, 11 CLC (AD)
...., instructed by Md. Aftab Hossain, Advocate on-Record—For the Appellant. Faruque Ahmed, Advocate-on-Record—For the Respondent. Civil Appeal No. 103 of 1981. (From the Judgment and decree dated 9 December, 1980 passed by the High Court Division in Second Appeal No. 648 of 1967.) Judgm......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. ..Category: Property Law | Date: | Hits: 58
Khondker Moshtaque Ahmed Vs. Bangladesh, 1982, 11 CLC (AD)
.... Bhuiyan Deputy Attorney-General, instructed by B. Hossain Advocate-on-Record—For the Respondent (In both the appeals). Criminal Appeal Nos. 11 & 12 of 1981 (From the Judgment and Order dated 29th July, 1981 passed by the High Court Division in Writ Petition Nos. 928 and 929 of 1979) ......w Court and the order of Government on review are set aside, The orders of conviction passed on the appellant ate hereby quashed. Ed. This Case is also Reported in: 34 DLR (AD) (1982) 222. ..Category: Criminal Law | Date: | Hits: 287
Lebu Mia Vs. Ganesh Chandra Nath and others, 1982, 11 CLC (AD)
...., instructed by Md. Aftab Hossain, Advocate-on-Record—For the Appellant. Miah A. Gafur, Advocate-on-Record—For the Respondent 1. Civil Appeal No. 97 of 1981 (Form the Judgment and Order dated 30-1-81 passed by the High Court Division in Civil Revision Case No. 333 of 1977). Judgment......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...Category: Property Law | Date: | Hits: 65
Bangladesh & others Vs. A. K. M. Zahangir Hossain, 1981, 10 CLC (AD)
.... a writ petition on the ground of violation of any statutory rules governing their service condition. The question is of great public importance and so it was placed before the Full Court by an order dated 8-8-80 of Bench of this Division. After the decision of this important question, the app......trative kind. It has been further observed that if the service under the Crown would not have been at the pleasure of the Crown, the remedy by suit against the Secretary of State in Council for a breach of contract of service would have been available to the person owing to his wrongful dismissa..Category: Constitutional Law | Date: | Hits: 188
General Manager Jamuna Oil Company Ltd. Vs. Golap Rahman & another, 1982, 11 CLC (AD)
..... Rokanuddin Mahmood Advocate instructed by Md. Aftab Hossain, Advocate-on-Record— For the Respondent No. 1. Civil Appeal No. 141 of 1980. (From the judgment and order dated July 18, 1980 passed by the High Court Division in Writ petition No. 672 of 1978). Jud......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. ..Category: Labour and Industrial Law | Date: | Hits: 97
Md. Habibur Rahman & ors. Vs. Hasen Ali Mondal and others, 1982, 11 CLC (AD)
..... A. N. M. Gaziul Huq, Advocate, instructed by Md Ozair Farooq, Advocate-on Record— For the Respondent No. 1. Civil Appeal No. 17 of 1981. (From the Judgment and Order dated January 8. 1981 passed by the High Court Division, In Writ petition No. 130 of 1980.) ......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. ..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)
....cted by Zinnur Ahmed, Advocate on Record.—For the Respondent No. 2. Ex-parte—Respondent Nos. 1 and 3-10, Civil Appeal No. 18 of 1981. (From the judgment and order dated 21.1.198I passed by the High Court Division in Writ Petition No 56 of 1981) Judgment: ......rials to show that there was any infraction of election rules, and even if there be any, the result of the election was materially affected thereby, or that petitioner was responsible for the breach of trust; and that High Court Division was wrong in summarily dismissing the writ petition. ..Category: Election Law | Date: | Hits: 121
Al-Sayar Navigation Co. Vs. Delta International Traders Ltd. and ors., 1982, 11 CLC (AD)
....h Abdul Azim, Advocate, instructed by S. M. Huq, Advocate-on-Record.—For the Respondent (In Civil Appeal No. 15 of 1981). Civil Appeal Nos. 15 & 38 of 1981. (From the Judgment and Decree dated 1st December 1980 passed by the High Court Division in Admiralty Suit No. 1 of 1978). Judgm......or assignee of any bill of lading of any goods carried into any part in England or Wales, in any ship, for damage done to the goods or any part thereof by the negligence or misconduct of or for any breach of duty or breach of contract on the part of the owner, master, or crew of the ship unless it..Category: Admiralty Law or Maritime Law | Date: | Hits: 264
Commissioner of Taxes, Ctg Zone, Ctg Vs. M/s Free School Street Properties, Ltd, 1982, 11 CLC (AD)
....” means the amount by which the aggregate value computed in accordance with the provisions of this Act of all the assets, wherever located, belonging to the assessee on the valuation date, including assets, required to be included in his net wealth as on that date under this Act, ...... 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. ..Category: Fiscal/Taxation Law | Date: | Hits: 78
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