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Commissioner of Taxes & another Vs. M/s. Mullick Brothers, 1981, 10 CLC (AD)
....rgence of Bangladesh, M. L. R. N.32 of 1969 ceased to be an existing law, as it does not come within the definition of an existing law. The High Court Division replied to both the contention and discharged the rub. Thereafter, by special leave the appeal was filed and this Court by its judgment al......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)
....ow it could be held that the left-out co-sharer lost or transferred their interest the land under pre-emption. The onus of proof in this respect is upon the pre-emptor but this onus has not been discharged. The observation of the High Court Division as quoted above shows that it was for, the pre......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)
.... the post of Professor of Medicine and Director of the Institute of Post-Graduate Medicine and Research was served with a notice issued on June 5, 1980 by Prof. M.A. Haleem, Additional Secretary-in-charge, Ministry of Health and population Control retiring him from service with immediate effect. T......osts. The decision of the High Court Division is set aside and the impugned order declared to be of no lawful authority. Ed. This Case is also Reported in: 33 DLR (AD) 201, 1981 BLD (AD) 140. ..Category: Employment/Service Law | Date: | Hits: 180
Musharraf Hossain Chy Vs. GM, Titas Gas Transmission & Dist. Co. Ltd. & ors., 1981, 10 CLC (AD)
....y provided for termination by a three months' notice. It was denied that the appellant’s service was terminated in i971. 9. After hearing the parties, the rule obtained by the appellant was discharged by the learned Judges of the High Court Division on the grounds that the principle of natura......view of the above observations, the appeal is dismissed, the Judgment and order of the High Court Division is upheld. There will be no order as to costs. Ed. This Case is also Reported in: ..Category: Employment/Service Law | Date: | Hits: 104
Bangladesh Steamer Agents Association Vs. Bangladesh & others, 1981, 10 CLC (AD)
....ort of cargo and for the issuance of certificates showing actual measurement/weighment/figures of import and export accurately and promptly. On the bails of these certificates, the shipping agents charge freight and shippers get price of their export cargo from foreign buyers and the foreign exc...... any lawful authority. Ed. ..Category: Others | Date: | Hits: 110
Khandaker Ehtehshamuddin Ahmed @ Iqbal Vs. Bangladesh and others, 1980, 9 CLC (AD)
....ted against the judgment and order dated Jane 13, 1979 passed by the High Court Division in Writs Petition No. 508 of 1979. The appellant was tried by the Special Martial Law Court No. II, Dacca on a charge under section 302 of the Bangladesh Penal Code in M.L. Case No. 37 of 1978 on the allegation ......at the order passed by this Division staying execution of the sentence to continue for further ten days from the date of this order. Ed. This Case is also Reported in: 33 DLR (AD) (1981) 154. ..Category: Constitutional Law | Date: | Hits: 292
Bangladesh and others Vs. Md. Abdur Rab, 1979, 8 CLC (AD)
.... Sub-Inspector of Police of the Mohammadpur Police Station took up investigation and arrested Abdur Rashid and Jainal Abedin on April 14, 1975 who was produced before the Court on the next day. The charge-sheet was eventually submitted against them. 3. As regards the houses and other assets,...... 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
S.Z.M. Nurul Huq Vs. State, 1981, 10 CLC (AD)
....wing the proceeding of Summary Martial Law Court is a persona designata. 2. The appellant in Criminal Appeal No. 22 of 1979 was tried by a Summary Martial Law Court, Patuakhali, on the charge of misappropriation of Taka 1, 53,949/00 by misusing and abusing his powers as Man......that an order passed by the reviewing authority is not revisable under section 439 of the Code of Criminal Procedure. In the result both the appeals fail and the same are dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 62
Nani Gopal Saha Vs. Jatindra Lal Chowdhury and others, 1981, 10 CLC (AD)
....s an order in excess of its power as provided under Articles 3 and 7 of the President's Order No. 13 of 1972. In the result, the appeal fails and it is dismissed with costs, Ed. ......s an order in excess of its power as provided under Articles 3 and 7 of the President's Order No. 13 of 1972. In the result, the appeal fails and it is dismissed with costs, Ed. ..Category: Constitutional Law | Date: | Hits: 153
Binode Behari Saha Vs. Nitya Gopal Shaha, 1980, 9 CLC (AD)
....ection (1) of section 17 of the Provincial Small Cause Courts Act. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 33 DLR (AD) 131. ......ection (1) of section 17 of the Provincial Small Cause Courts Act. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 33 DLR (AD) 131. ..Category: Procedural Law | Date: | Hits: 147
Nurunnessa and ors Vs. Babr Ali Bepari and others, 1981, 10 CLC (AD)
....icate power of attorney and that it was duly authenticated by the Magistrate. This is a matter of evidence. The person seeking to prove may take recourse to the relevant provisions of the law to discharge this onus of proof. In this view of the matter, we allow the appeal and set aside the orde......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)
....ge cannot be sustained, therefore, the appeal is allowed with costs and the Judgment of the High Court set aside. Judgment and order of the lower Appellate Court are restored. Ed. ......ge cannot be sustained, therefore, the appeal is allowed with costs and the Judgment of the High Court set aside. Judgment and order of the lower Appellate Court are restored. Ed. ..Category: Property Law | Date: | Hits: 73
Shamuj Ali and other Vs. Kamalarma Bibi and others, 1980, 9 CLC (AD)
....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: ......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)
.... admitted by the plaintiffs. It is for them to show that these signatures and thumb impressions were given under deception, inducement or misrepresentation of fact. But they have failed to discharge this onus. Both evidence and circumstances are heavily against them. The only thing that can......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
Abdul Alim and others Vs. A. K. Abdul Hoque and others, 1982, 11 CLC (AD)
....ation was filed on 6th April, 1966 and was rejected by the Court on 11 th May, 1967. This order of rejection was challenged before the High Court in its revisional jurisdiction but the Rule was discharged on final hearing on 25th June, 1970. The decree holders-respondents, thereafter, filed......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)
....gh Court Division dated 5 June 1981, order of the Additional Sessions Judge dated 30th November 1979 and the order dated 16 October 1978 of the learned Magistrate are set aside. Ed. ......gh Court Division dated 5 June 1981, order of the Additional Sessions Judge dated 30th November 1979 and the order dated 16 October 1978 of the learned Magistrate are set aside. Ed. ..Category: Criminal Law | Date: | Hits: 51
Govt. of Bangladesh Vs. Md. Arshad Ali, 1982, 11 CLC (AD)
....e sustained. Therefore, the appeal is allowed. The judgment and order of the High Court Division are set aside and the writ petition is dismissed. We make no order as to costs. Ed. ......e sustained. Therefore, the appeal is allowed. The judgment and order of the High Court Division are set aside and the writ petition is dismissed. We make no order as to costs. Ed. ..Category: Criminal Law | Date: | Hits: 171
M/s. Everett Orient Lines Inc. Vs. Commissioner of Income Tax Ctg Zone, Ctg, 1982, 11 CLC (AD)
....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. ......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)
.... soap under Notification No. S.R.O. 114(R)/66 dated 1-7-67, with effect from 1-7-66. In the absence of any provision either in the Notification or any change in the existing law, that is, the charge section and the exemption provided in section 4(b) of the Act, the Sales-tax Officer has not......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)
....irtually repealed section 491 of the Code of Criminal Procedure, that the direction contained in subjection (2) of section 10 that all pending cases under section 491 Criminal Procedure Code stand discharged was a Judicial Act done by the legislature and that the Ordinance was ultra vires the Govern...... 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