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Khandaker Ehtehshamuddin Ahmed @ Iqbal Vs. Bangladesh and others, 1980, 9 CLC (AD)
....Lawyers Involved: MH Khondker, Senior Advocate (Kh. Mahbub Hossain, Advocate with him) instructed by Aminul Huq, Advocate-on-Record—For the Appellant. KA Bakr, Attorney-General (AW Bhuiyan, Assistant Attorney General with him) instructed by B. Hossaion, Advocate-on-Record.—For the Respon......hich was confirmed on 21.9.78. it appears that a mercy petition was filed by the appellant on 27.9.78 under sections 401 and 402 of the Code of Criminal Procedure and a report was called for from the Presiding Judge of the trial Court under section 401(2) of the Code of Criminal Procedure on 16.10.7......t, dealt with case on merit. It considered the argument that the review proceeding had not been disposed of according to law. It further considered that cognizance was not taken by the Sub-Divisional Officer and, therefore, the case was not pending for enquiry. Then it considered that the transfer w..Category: Constitutional Law | Date: | Hits: 292
Bangladesh and others Vs. Md. Abdur Rab, 1979, 8 CLC (AD)
....stitution against the Screening Board dealing with the respondent who belongs to the disciplined force as defined in the Constitution………….(15,16) Lawyers Involved: B. B. Roy Chowdhury, Assistant Attorney General, instructed by M. R. Khan, Advocate-on- Record—For the Appellants. ...... 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. ......ined the police service in 1962 as a Sub-Inspector of Police was promoted as an Inspector of Police in 1972. When he was Inspector of Police, he was posted in Mohammadpur Police Station, Dacca as the Officer-in-Charge. While holding this office he went on leave in November, 1975. He was served with ..Category: Employment/Service Law | Date: | Hits: 102
S.Z.M. Nurul Huq Vs. State, 1981, 10 CLC (AD)
..... A. 22/1979) Shamsul Huq Chowdhury, Advocate instructed by Aftab Hossain, Advocate-on-Record.—For the Appellant. (In Cr. A. 23/1979) K.A. Bakr, Attorney-General, A.W. Bhuiyan, Assistant Attorney-General, instructed by B. Hossain, Advocate-on-Record--For the Respondent. ......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. ...... 1979 was tried by another Summary Martial Law Court at Dacca, under M.L.R. 11 of Martial Law Regulation No. 1 of 1975. The allegation was that the appellant, who was the Assistant Valuation Officer of the Dacca Improvement Trust, by misusing his official power and position dishones..Category: Criminal Law | Date: | Hits: 62
Nurunnessa and ors Vs. Babr Ali Bepari and others, 1981, 10 CLC (AD)
....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. ......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. ......ney we are to refer to some of the provisions of section 33 of the Registration Act, 1908 and sections 56, 78(6) and 85 of the Evidence Act, The Notaries Ordinance, 1961 and Diplomatic and Consular Officers (Oaths and Fees) Act, 1948 (Act XXI of 1948). The relevant provisions of these Acts may b..Category: Others | Date: | Hits: 128
Khadomul Islam Chowdhury Vs. Bangladesh and others, 1981, 10 CLC (AD)
....Lawyers Involved: Khandker Mahbubuddin Ahmed, Advocate instructed by Md. Shafiqur Rahman, Advocate-on- Record—For the Appellant. Abdus Sobhan, Additional Attorney General, with Matiur Rahman, Assistant Attorney General, instructed by M.R. Khan, Advocate-on-Record— For the Respondents 1,2,4......for disposal in accordance with law. Let the operation of the order dated 12th July. 1979 be stayed till the disposal of the matter in the High Court Division There will no order as to costs. Ed. ...... appeal are that the appellant filed a writ petition under Article 102 of the Constitution for declaration that the notice dated July 21,1976 issued by Respondent, Special Additional Land Acquisition Officer (D.I.T.) in L.A. Case No. 10 of 1963-65, and the order dated September 10, 1977 pasted by Re..Category: Constitutional Law | Date: | Hits: 160
Ful Chand Das and others Vs. Mohammad Hammad and others, 1982, 11 CLC (AD)
....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. ......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. ......ransfer his immovable property by sale or mortgage only for bona fide purposes of meeting an urgent and unavoidable expenditure,— (i) the Sub-divisional Officer of the Sub-Division in which the property is situated, if the property proposed to be tr..Category: Property Law | Date: | Hits: 75
Govt. of Bangladesh Vs. Md. Arshad Ali, 1982, 11 CLC (AD)
....ellip;……………......... Respondent Judgment February 25, 1982. Lawyers Involved: A Wadud Bhuiyan, Deputy Attorney General, B. Hossain, Assistant Attorney General, instructed by Abdul Wadud Mian, Advocate-on-Record.—For the ......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. ......on and recovery of 1514 tolas of gold and 3271 tolas of silver in the course of smuggling from Bangladesh to India in Satkhira, Khulna. The respondent handed over the articles to the Sub-Divisional Officer, Satkhira, and in due course the smugglers were convicted and sentenced by a competent Cou..Category: Criminal Law | Date: | Hits: 171
M/s. Everett Orient Lines Inc. Vs. Commissioner of Income Tax Ctg Zone, Ctg, 1982, 11 CLC (AD)
....al depreciation apart from the normal depreciation for the third year out of the five years entitlement. The Income-tax officer refused such additional depreciation. Thereafter, the Appellate Assistant Commissioner while disposing of the appeal observed: "The Income Tax Off......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. ......itlement. The Income-tax officer refused such additional depreciation. Thereafter, the Appellate Assistant Commissioner while disposing of the appeal observed: "The Income Tax Officer was not legally justified to disallow the claim of additional depreciation. The ben..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)
....for Tk. 54,433/ was disallowed. However, the assesses was allowed credit of Rs. 18,189/- already paid by the assessee. The appeal preferred by the assessee was dismissed by the Appellate Assistant Commissioner of Income-fax. The assesses being unsuccessful before the Appellate Ass......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. ......oap, and since 1-7-66 is a licensed manufacturer. The assessee filed sales-tax return showing consolidated turnover at Rs. 14, 52,455/ for the four quarters coding on 30th June, 1967. The Sales Tax Officer, however, determined the assessee's turnover at Rs. 14, 60,935/-and assessed tax there..Category: Fiscal/Taxation Law | Date: | Hits: 95
Mofizur Rahman Khan Vs. Government of Bangladesh, 1982, 11 CLC (AD)
....eral who was displeased with him since he was promoted to the post of Deputy Director and was trying to get rid of him, if necessary, by forcibly transferring him to the Ministry. He was appointed as Assistant Aerodrome Officer on June 6, 1962, promoted to the post of Assistant Director on 22 July, ...... 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. ......56 S.C. 432; M/s West Ramnand V. Madras E.D. Co. AIR 1 52 (SC) 1753; State of Mysore V. Acholah Chetty, AIR 1969 (SC) 477; Indira Gandhi V. Rajnarain AIR 1975 (SC) 2299; Hori Singh V. Military Estate Officer AIR 1972 (SC) 2205; Kanta Katuria V. Manik Chand, AIR 1970 S.C. 694; Piere Dusadh V. King Em..Category: Constitutional Law | Date: | Hits: 188
Bangladesh Vs. Md. Misfor Ali and others, 1982, 11 CLC (AD)
....llip;………………………………Respondents Judgment March 18, 1982. Lawyers Involved: Matiur Rahman, Assistant Attorney-General, instructed by M.R. Khan, Advocate-on-Record, —For the Appellants.......ges, the appeal must succeed. Therefore, the appeal is allowed. The judgment of the High Court Division is set aside and the Writ Petition is dismissed. We make no order as to costs. Ed. ......ges, the appeal must succeed. Therefore, the appeal is allowed. The judgment of the High Court Division is set aside and the Writ Petition is dismissed. We make no order as to costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 92
....dgment and order by the High Court Division are set aside. The appeals are allowed without any order as to costs.
Ed.
This Case is also Reported in: 34 DLR (AD)(1982) 298; 3 BLD (AD) 1983, 48.
......dgment and order by the High Court Division are set aside. The appeals are allowed without any order as to costs.
Ed.
This Case is also Reported in: 34 DLR (AD)(1982) 298; 3 BLD (AD) 1983, 48.
......dgment and order by the High Court Division are set aside. The appeals are allowed without any order as to costs.
Ed.
This Case is also Reported in: 34 DLR (AD)(1982) 298; 3 BLD (AD) 1983, 48.
..
Category: Fiscal/Taxation Law | Date: | Hits: 100
Bangladesh Vs. Md. Matiur Rahman, 1982, 11 CLC (AD)
....s not responsible for the delay. But it has been found by the enquiry officer that the respondent was reminded of the order for taking up the work both by the Superintending Engineer and Assistant Engineer and that when the superior officer passed the order to take up the work the resp......ourt Division is set aside and the Writ Petition is dismissed with the modification that; the punishment is altered to compulsory retirement. No order as to costs. Ed. ......nduct within the meanings of clauses (a) and (b) of rule 3 of the Government Servants (Discipline and Appeal) Rules, 1976 The explanation was not satisfactory and inquiry was held. The Inquiry Officer found him guilty of failure to submit the estimate in time and recommended a minor punishme..Category: Employment/Service Law | Date: | Hits: 87
Commissioner of Income Tax Vs. Chowdhury Ramzan Ali and another, 1982, 11 CLC (AD)
....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. ......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. ......Badrul Haider Chowdhury J.-This appeal by special leave arises out of a judgment passed by a Division Bench of the High Court in Company Appeal No. 6 of 1968. 2. The Income Tax Officer, Companies Circle, made an assessment u/s. 23 of the Income Tax Act for the year 1962-..Category: Fiscal/Taxation Law | Date: | Hits: 85
....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:
......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:
......which has not been admitted by him, and the evidence. In support of it, as well as his defence, shall be recorded in his pretence:
Provided that for special reasons to be recorded in writing the Officer or the Committee of Inquiry may refuse to call any witness suggested by the delinquent and ..
Category: Employment/Service Law | Date: | Hits: 109
Khondker Moshtaque Ahmed Vs. Bangladesh, 1982, 11 CLC (AD)
....essions Judges and of the two other members of such Court one shall be appointed from amongst officers of the defence services, nor below the rank of Lt. Col. or equivalent and the other from amongst Assistant sessions Judges or District or Additional District Magistrates." This was amended on 1......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. ......tical activities” and the subsequent inclusion of the word ‘President’ on 28.12.76 and filing of two F.I.Rs, on the following day and the establishment of the Court on 15-1-77 with the two Army Officers out of 3 (three): and taking the power of review in the hand of Chief Martial Law Administr..Category: Criminal Law | Date: | Hits: 287
Bangladesh Vs. Hon'ble Judge, Prize Court, HCD, Supreme Court Building, Dacca, 1982, 11 CLC (AD)
....e learned Attorney-General are found unacceptable, not because it lack reasons but such reason has no support in law. The appeal is dismissed. No order as to costs. Ed. ......e learned Attorney-General are found unacceptable, not because it lack reasons but such reason has no support in law. The appeal is dismissed. No order as to costs. Ed. ......e learned Attorney-General are found unacceptable, not because it lack reasons but such reason has no support in law. The appeal is dismissed. No order as to costs. Ed. ..Category: Others | Date: | Hits: 116
Bangladesh & others Vs. A. K. M. Zahangir Hossain, 1981, 10 CLC (AD)
....n made without lawful authority and of no legal effect. 36. In Civil Appeal No. 39 of 1979 appellant Mokaddis Ali challenged the order of his removal from service while he was officiating as an Assistant Sub-Inspector of Police, Baidyer Bazar Police Station in the district of Dacca. He was rem...... member of the said 'disciplined force' if he has been illegally dismissed, removed, discharged, reduced in rank or compulsorily retired. Ed. This Case is also Reported in: 34 DLR (AD) 173. ......ice officers up to the rank of Inspector of Police are considered as officers of the subordinate rank for classification, and they are governed by Police Act of 1861, Police Regulations, and Police Officers (Special Provisions Ordinance), 1976 (Ordinance LXXXIV of 1976) hereinafter referred to a..Category: Constitutional Law | Date: | Hits: 188
Bangladesh Vs. Winifred Rubi & ors., 1982, 11 CLC (AD)
.... 7. In the result, therefore, this appeal is allowed. And the Judgement of the High Court Division are set aside and the writ petition is dismissed. There will be no order as to cost. Ed. ...... 7. In the result, therefore, this appeal is allowed. And the Judgement of the High Court Division are set aside and the writ petition is dismissed. There will be no order as to cost. Ed. ...... 7. In the result, therefore, this appeal is allowed. And the Judgement of the High Court Division are set aside and the writ petition is dismissed. There will be no order as to cost. Ed. ..Category: Property Law | Date: | Hits: 65
Md. Habibur Rahman & ors. Vs. Hasen Ali Mondal and others, 1982, 11 CLC (AD)
....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. ......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. ......0 removing him from office with effect from lst February 1980. Facts leading to his removal are as follows: 3. The member of the aforesaid Union Parishad sent a letter to the Sub Divisional Officer, Bogra (Sadar) who is the prescribed Authority for holding a special meeting to enable the..Category: Employment/Service Law | Date: | Hits: 100
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