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Abdul Karim Sarker Vs. The State and another, 1986, 15 CLC (AD)
....ismissed. The order of conviction passed by the High Court Division is upheld but the order of sentence is modified no payment of fine. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 188 ......nduct that the aforesaid application tendering apology was filed. In view of the circumstance as mentioned above, we find ourselves unable to condone his action which is not only humiliating to the Presiding Officer of Court, however small in may be, it also amounts to clear defiance of the majest......plaint against the appellant by respondent No. 2 who is Munsif-Magi strafe, Chilmari are that while he was conducting criminal cases in Court on 6th December 1983, appellant who is an Upazila Nirbahi Officer, Chilmari, Upazila, Kurigram sat by his side and said that respondent No. 2 should take prac..Category: Criminal Law | Date: | Hits: 49
AKM Ruhul Amin Vs. District Judge and Appellate Election Tribunal, Bhola & others, 1986, 15 CLC (AD)
.... Civil Appeal No. 54 of 1985 is allowed. Civil petition No. 140 of 1985 is disposed of. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 172. ......the Local Government (Union Parishad) Ordinance does not mean persona designate that is, his private or personal capacity but clearly indicates his office, that is, District Court of which he is the Presiding Judge. Court of District Judge is subject to both appellate and revisional jurisdiction ...... Civil Appeal No. 54 of 1985 is allowed. Civil petition No. 140 of 1985 is disposed of. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 172. ..Category: Election Law | Date: | Hits: 154
Khorshed Alam @ Shah Alam Vs. Amir Sultan Ali Hyder and another, 1984, 13 CLC (AD)
....li and P.W. 11 (70) is a retired Sub-Inspector of Police who was Officer-in-Charge of Rampur-Boalia Police Station in 1952/53 and had personal knowledge about Amir Ali's family, P.W. 12 was a Car Assistant of Amir Ali having personal knowledge about Amir Ali's family; P.W. 14 (70) was Amir Ali...... the appeal is allowed and all the Judgments and orders of the Court below are hereby set aside and the suit is dismissed. No costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 133. ...... his wives. P.W. 10 (80) was the Secretary of Saheb Bazar Mosque in Rajshahi town and thereafter its Imam and was a friend of Amir Ali and P.W. 11 (70) is a retired Sub-Inspector of Police who was Officer-in-Charge of Rampur-Boalia Police Station in 1952/53 and had personal knowledge about Ami..Category: Family Law | Date: | Hits: 239
Md. Nurul Islam Vs. Abul Malek, 1986, 15 CLC (AD)
....table to allow the prayer for amendment. For the reasons stated above, the appeal is dismissed. There will, however, be no order as to costs. Ed.This Caes is also Reported in: 38 DLR (AD) (1986) 115......table to allow the prayer for amendment. For the reasons stated above, the appeal is dismissed. There will, however, be no order as to costs. Ed.This Caes is also Reported in: 38 DLR (AD) (1986) 115......ari, (1960) 12 DLR 339; Ratantilal Chakravarty vs. Shomnath Chakravarty. (1957) 9 DLR 112; Gobinda Lal Ray Vs. Ramjanam Misser, ILR 21 Cal. 70 corresponding 20 IA 165; Banarsi Debi Vs. The Income-tax Officer, AIR 1964 SC 1742; Radha Krishna Jogani vs. Dwarka Das Agarawalla, (1984)36253 (AD). Lawy..Category: Fiscal/Taxation Law | Date: | Hits: 80
Hajee Abdus Sattar Vs. Mahiuddin & others, 1986, 15 CLC (AD)
....hop and to pay rent for the premises and that the respondent paid rent for 14 months at a time by Ext. 6. He has also deposed that he had been authorised in writing by his father in-law to act as his Assistant in the cloth-business (Ext. 13). These two documents have been seriously challenged as fab......s reprehensible, calling for costs of the appeal, but since he got two judgments in his favour, we refrain from awarding any cost against him. Ed.This Caes is also Reported in: 38 DLR (AD) (1986) 97......s reprehensible, calling for costs of the appeal, but since he got two judgments in his favour, we refrain from awarding any cost against him. Ed.This Caes is also Reported in: 38 DLR (AD) (1986) 97..Category: Property Law | Date: | Hits: 37
Government of Bangladesh Vs. Abani Kanta Chakraborty & others, 1986, 15 CLC (AD)
....s unfounded. In the result, therefore, this appeal is dismissed with the aforesaid observation. There will be no order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 93 ......s unfounded. In the result, therefore, this appeal is dismissed with the aforesaid observation. There will be no order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 93 ......s unfounded. In the result, therefore, this appeal is dismissed with the aforesaid observation. There will be no order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 93 ..Category: Property Law | Date: | Hits: 37
Bangladesh Vs. Md. Alauddin alias Alauddin Sarker others, 1986, 15 CLC (AD)
....vocate goes on to argue, the respondent was given two promotions by the Registrar, that Service Book of the respondent was all along maintained in the office of the Registrar, to be precise, by the Assistant Registrar; that the respondent drew his salary from the Accountant General and was given a......rder of the High Court Division is set aside and that of the Subordinate Judge and the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 81. ...... the Dhaka Co-operative Land Mortgage Bank by the Registrar, Cooperative Societies, on 2 August 1956 and thereafter he was allowed two promotions, and on the relevant day in 1973, he was working as Officer of the said Bank. He was placed under suspension on 13 January 1973 by the Managing Committe..Category: Employment/Service Law | Date: | Hits: 124
Shamsul Huq @ Shamsul and others Vs. The State, 1986, 15 CLC (AD)
.... conviction is set aside and they are acquitted and it is directed that they be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 75. ...... conviction is set aside and they are acquitted and it is directed that they be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 75. ......f the accused would depose in favour of the prosecution, but for the purpose of general corroboration to the incident, some people of the neighborhood should have been examined. The Investigating Officer (P.W. 20) has explained that though he visited the place on three occasions he did not find ..Category: Criminal Law | Date: | Hits: 60
The Commissioner of Taxes, East Zone, Dhaka Vs. M/s. Mallick Brothers, 1986, 15 CLC (AD)
....ore, these appeals are allowed and the judgment and order of the High Court Division are set aside. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 66. ......ore, these appeals are allowed and the judgment and order of the High Court Division are set aside. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 66. ...... is assessed and tax payable is determined under section 23. Assessment may be made (i) on the basis of the return, (ii) on the basis of the evidence adduced and (iii) to the best of the Income Tax Officer's judgment, which is called best judgment assessment. The Privy Council pointed out in Badri..Category: Fiscal/Taxation Law | Date: | Hits: 95
Md. Muslim Khan Vs. The State, 1986, 15 CLC (AD)
....ged and according to the evidence of the two experts PWs. 5 and 7, accused Sonaullah Akhan was the author of these impugned signature and finger-print. Furthermore, the Court found that the Dealing Assistant (co-accused Sayed Ahmed Patwary) acted in conspiracy with the other accused in replacing...... result, both the appeals are dismissed. Accused-appellants who are now on bail are directed to surrender to their bail bonds at once. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 60.......t of forgery of two documents relating to an auction-sale in connection with a Certificate Proceeding. The Certificate Proceeding in question is C.C. No. 941/1963-64 of the Court of Certificate Officer, Chandpur. One Hare Krishna Das was the Certificate debtor in that Certificate case and his ..Category: Criminal Law | Date: | Hits: 69
Delwar Ali Khan & another Vs. Sajedul Haque, 1986, 15 CLC (AD)
....the trial. Subject to these observations, the order of the High Court Division is upheld. The appeal is accordingly disposed of. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 52. ......the trial. Subject to these observations, the order of the High Court Division is upheld. The appeal is accordingly disposed of. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 52. ......the trial. Subject to these observations, the order of the High Court Division is upheld. The appeal is accordingly disposed of. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 52. ..Category: Criminal Law | Date: | Hits: 59
M/s Hajee Mohammad Ali & Sons Vs. Burma Eastern Ltd. & others, 1986, 15 CLC (AD)
....dgment of the High Court Division is set aside and that of the trial Court is restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 41. ......dgment of the High Court Division is set aside and that of the trial Court is restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 41. ......eement contained in clause 12 of the agreement. The clause provided for giving 30 days' notice before terminating the licence. From the evidence of P.W.1, Manjur Ahmed Chowdhury, District Marketing Officer of respondent No. 1, it appears that the Petrol station was taken over by the Government as ..Category: Business or Commercial Law | Date: | Hits: 118
Farruk Ahmed Vs. Abdul Kader Chowdhury and others, 1985, 14 CLC (AD)
....ondents who are enlarged on bail will now surrender to their bail bond and fresh prayer for bail may be made before the Sessions Judge. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 18. ......ondents who are enlarged on bail will now surrender to their bail bond and fresh prayer for bail may be made before the Sessions Judge. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 18. ......chari Thana at about 9 A.M. to make a G.D. entry in respect of unlawful activities of the accused persons. On his way back home when Harun reached the south-eastern side of the office of the Circle Officer accused Saifuddin @ Saifa, who lives in the house of accused Abul Khair Chowdhury, stabbed H..Category: Criminal Law | Date: | Hits: 105
Mamudul Haque Chowdhury Vs. The District Judge, Chittagong & others, 1985, 14 CLC (AD)
....llowed. The order of the Election Appellate Tribunal as well of the High Court Division is set aside and that of the Tribunal is restored. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 8.......llowed. The order of the Election Appellate Tribunal as well of the High Court Division is set aside and that of the Tribunal is restored. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 8.......d in the other two Wards could be amalgamated with the result of the fresh election to be held. In pursuance of this decision, fresh election was held in Ward No. 3 on 7 June 1984 and the Returning Officer after consolidating the results of election of all the three Wards of the Union declared t..Category: Election Law | Date: | Hits: 152
Rahela Khatun and another Vs. Fayezuddin Shah, 1985, 14 CLC (AD)
....e that the original jama had already been separated the pre-emptor also paid rents accordingly with the knowledge of the mutation case, called for Register II from the local Tahshil Office. The local Assistant Tahshilder O.P.W. 2. proved the relevant entries. The respondent, however, withheld his re......aside. The appellants are given the liberty to adduce additional evidence before the Appellate Court below. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 6. ......aside. The appellants are given the liberty to adduce additional evidence before the Appellate Court below. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 6. ..Category: Property Law | Date: | Hits: 52
Commissioner of Income tax and another Vs. Zeenat Textile Mills Ltd., 1975, 4 CLC (AD)
....s rightly declared by the High Court of East Pakistan to have been made without lawful authority and being of no legal effect. The appeals are dismissed, but with out any order as to costs. Ed. ......s rightly declared by the High Court of East Pakistan to have been made without lawful authority and being of no legal effect. The appeals are dismissed, but with out any order as to costs. Ed. ......cca High Court in Petition Nos. 170, 181 and 182 of 1967). Judgment: Sayem, CJ.—these three appeals are by special leave. They are by the Commissioner of Income-tax, Dacca and the Income-tax Officer, Companies Circle II and arise out of three writ petitions filed by the respondent, a Compan..Category: Fiscal/Taxation Law | Date: | Hits: 77
Md. Sona Mia Vs. Collector of Customs, Chittagong and others, 1975, 4 CLC (AD)
....Lawyers involved: M.H. Khondkar, Senior Advocate, instructed by S.S. Hoda, Advocate-on-Record For the appellants. Syed Ishtiaq Ahmed, Additional Attorney-General with Mahmudul Islam, Assistant Attorney- General, instructed by A.W. Mallik, Advocate-on-Record.—For the Resp......y notice under article 6A (2) of President's Order No. 5 of 1972 has not been served on the Government. So the appeals abated. In the circumstances these appeals abate. Ed. ......akistan is parties. There is no provision in respect of cases against Government officers and as such the notice contemplated under article 6A cannot be claimed in a case where the Government Officers are parties. It was submitted that the Collector of Customs and other officers who are res..Category: Business or Commercial Law | Date: | Hits: 81
Governor, Bangladesh Bank & others Vs. Shamsul Huda Khan and another, 1975, 4 CLC (AD)
....onstrued the expressions "terms and conditions admissible to him immediately before the 10th August, 1953 as if they included his chance of promotion into a different and higher service, namely, as Assistant Secretary and Under Secretary in the Civil Secretariat. The Supreme Court held that upon......rightly declared by the High Court Division to be without jurisdiction and of no legal effect. The appeals are dismissed, but without any order as to cost. Ed. This Case is also Reported in: ......e for the purpose of promotion to the cadre of clerks Grade-I only and not for promotion to the cadre of officer Class-II and further that their seniority for the purpose of promotion to the cadre of Officer Class-II should he counted from the date of their transfer to the General side as clerk..Category: Employment/Service Law | Date: | Hits: 87
Bangladesh Enemy Property Management Board and ors. Vs. Md. Abdul Majid, 1975, 4 CLC (AD)
....terjee. (1959) 21 DLR (SC) 20; Daulatpur Jute Mills Ltd. Vs. Province of E. Pak. (1968) 20 DLR 1209. Lawyers involved: Syed Ishtiaq Ahmed, Additional Attorney-General, with B. B, Roy Chowdhury, Assistant Attorney-General, instructed by A.W. Mallik, Advocate-on-Record—For the Appellants. K......view of what have been stated above, the appeal is allowed and the judgment and order passed by the learned Judges of the High Court Division are set aside. There will be no order as to costs. Ed. ......view of what have been stated above, the appeal is allowed and the judgment and order passed by the learned Judges of the High Court Division are set aside. There will be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 125
Government of Bangladesh Vs. Ahmed Nazir, 1975, 4 CLC (AD)
....te, Trivandram, AIR. 1939 (P.C.) 213. Lawyers involved: Faqeer Shahabuddin Ahmad, Attorney-General, with A.T.M. Afzal, Deputy Attorney-General, Mahmudul Islam, A. Wadud Bhuiyan, Assistant Attorney General, instructed by B. Hossein, Advocate-on-Record.—For the Appellant. ......e the Proclamation of Emergency issued on the 28th December, 1974 and the Constitution (Fourth Amendment) Act, 1975 dated the 25th January, 1975 effected changes in the said Constitution. Ed. ......e the Proclamation of Emergency issued on the 28th December, 1974 and the Constitution (Fourth Amendment) Act, 1975 dated the 25th January, 1975 effected changes in the said Constitution. Ed. ..Category: Criminal Law | Date: | Hits: 85
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