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Government of Bangladesh Vs. Anis and Co. and others, 1991, 20 CLC (AD)

....peals are dismissed without any order as to costs. Order of the Court By majority decision the appeals are allowed without cost. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 65. ......peals are dismissed without any order as to costs. Order of the Court By majority decision the appeals are allowed without cost. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 65. ......peals are dismissed without any order as to costs. Order of the Court By majority decision the appeals are allowed without cost. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 65. ..

Category: Business or Commercial Law | Date: | Hits: 130

Abdul Mannan and others Vs. State, 1992, 21 CLC (AD)

....ent July 9, 1991 Lawyer Involved: Md. Aftab Hossain, Advocate‑on‑Record-For the Appellants. B. Hossain, Deputy Attorney‑General (Sharifuddin Chaklader, Assistant Attorney ‑General, with him) instructed by Md. Wahidullah, Advocate‑on‑......ult, therefore, the appeal is allowed and the order of conviction and sentence passed against the appellants is set aside. They may now be released from their respective bail bonds. Ed. ......hanara. It is in evidence that after the occurrence the witnesses came and saw the broken trunks and broken locks. But strangely enough, these material alamats were not seized by the Investigating Officer. What were seized during investigation in this case (rope, gumcha etc.) are generally items..

Category: Criminal Law | Date: | Hits: 60

Aminul Islam Vs. Mujibur Rahman and others, 1992, 21 CLC (AD)

.... In the result, therefore, the appeal is allowed and the impugned judgment of the High Court Division is set aside. Ed. This case is also reported in: 45 DLR (AD) (1993) 09 ...... In the result, therefore, the appeal is allowed and the impugned judgment of the High Court Division is set aside. Ed. This case is also reported in: 45 DLR (AD) (1993) 09 ...... in question. 2. Facts of the case, briefly, are that upon a complaint filed by the father of the appellant, Md, Ali Akbar (since deceased) to the Upazila Magistrate, Sadar, Mymensingh, the Officer‑in‑charge, Kotwali P.S. investigated into the matter and submitted a report in ..

Category: Criminal Law | Date: | Hits: 53

Hazrat Ali and others Vs. The State, 1992, 21 CLC (AD)

....ntenced W imprisonment for life and conviction of Abdul Khaleque under sections 302/34 of the Penal Code is maintained but his sentence of death is commuted to imprisonment for life. Ed. ......ntenced W imprisonment for life and conviction of Abdul Khaleque under sections 302/34 of the Penal Code is maintained but his sentence of death is commuted to imprisonment for life. Ed. ......ntenced W imprisonment for life and conviction of Abdul Khaleque under sections 302/34 of the Penal Code is maintained but his sentence of death is commuted to imprisonment for life. Ed. ..

Category: Criminal Law | Date: | Hits: 69

Pubali Bank Vs. The Chairman, First Labour Court, Dhaka and another, 1991, 20 CLC (AD)

....ect matter of the dispute till its final resolution is a Power apart from adjudicating and determining any industrial dispute. Ed. This Case is also Reported in: 44 DLR (AD) 40; 12 BLD (AD) 72. ......ect matter of the dispute till its final resolution is a Power apart from adjudicating and determining any industrial dispute. Ed. This Case is also Reported in: 44 DLR (AD) 40; 12 BLD (AD) 72. ......ect matter of the dispute till its final resolution is a Power apart from adjudicating and determining any industrial dispute. Ed. This Case is also Reported in: 44 DLR (AD) 40; 12 BLD (AD) 72. ..

Category: Labour and Industrial Law | Date: | Hits: 103

Nasrin Kader Siddiqui Vs. Bangladesh and others, 1992, 21 CLC (AD)

.... Senior Advocate, instructed by Kazi Shahabuddin Ahmed, Advocate – on ‑Record - For the Appellant. Abdul Wadud Bhuiyan, Additional Attorney‑General, (Sharifuddin Chaklader, Assistant Attorney‑General, with him) instructed by AW Mallik, Advocate‑on‑Record......er of warrant of commitment in custody. Hence, the order of detention is without any lawful authority, and on that score alone the detention of the detenu is liable to be set aside. Ed. ......n‑compliance of a directory provision the act done under the statute was not vitiated. The same view was held in a case of delimitation of electoral units, in Mainuddin Ahmed vs. Delimitation Officer, Narayanganj and others, 17 DLR 1965 Dhaka 181. In Bai Radha Vs. The State of Gujrat, 1969..

Category: Constitutional Law | Date: | Hits: 365

Mohammad Ali & others Vs. Circle Officer, (Revenue) Dhaka and others, 1992, 21 CLC (AD)

....tion of delay and ultimately found reasonable explanation for the delay in filing the appeal". All in all, it was done within the limits of its revisional powers. The petition is dismissed. Ed. ......tion of delay and ultimately found reasonable explanation for the delay in filing the appeal". All in all, it was done within the limits of its revisional powers. The petition is dismissed. Ed. ......hmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Mohammad Ali & others…………………………………………..Plaintiff‑Petitioners. Vs. Circle Officer, (Revenue) Dhaka and others ..........…Defendants‑Respondents Judgment October 30..

Category: Limitation Law | Date: | Hits: 185

Babor Ali Molla and others Vs. State, 1992, 21 CLC (AD)

....t and order of the High Court Division are set aside and the appellants are acquitted. Let the appellants be set at liberty forthwith if not wanted in connection with any other Case. Ed. ......t and order of the High Court Division are set aside and the appellants are acquitted. Let the appellants be set at liberty forthwith if not wanted in connection with any other Case. Ed. ......t Information Report was not read over to her. But the prosecution did not make any attempt to examine Moniruddin and Karimunnessa to corroborate this statement of PW 1. Again PW 4 Md. Ruhul Amin, Officer‑in‑Charge, Monirampur PS who recorded the FIR stated in his evidence that he re..

Category: Criminal Law | Date: | Hits: 68

Abdul Matin and others Vs. The State, 1992, 21 CLC (AD)

.... Code. In that case Police after investigation submitted final report and the same was accepted by the Upazila Magistrate beyond the knowledge of appellant No. 1. On the other hand, Md. Abu Zahed, Assistant Superintendent of Police, Sunamganj Circle lodged a suo motu First Information Report wi......ll continue on the same bail granted by this court earlier and if the trial starts in the meantime, the Sessions Judge, Sunamganj will be free to take them into custody during trial. Ed. ......ll continue on the same bail granted by this court earlier and if the trial starts in the meantime, the Sessions Judge, Sunamganj will be free to take them into custody during trial. Ed. ..

Category: Criminal Law | Date: | Hits: 60

Bangladesh Vs. Shamsuzzoha Nurul Amin Chowdhury and others, 1976, 5 CLC (AD)

.... of East Pakistan (1966) 18 DLR 52 PLD 1967 Dacca; Khawaja Maynuddin Vs. Province of East Pakistan 21 DLR 886. Lawyers Involved: K. A, Bakr, Attorney General with Abdul Wadud Bhuiyan, Assistant Attorney-General, instructed by A. Wadud Mian Advocate-on- Record—For the Appellant......uired for the disposal of the suit over and above the evidence already on record. The appeal is allowed with the modification set out above but without any order as to costs. Ed. ......respondents instituted a title suit for declaration of title and for khas possession of the suit lands after evicting the defendants therefrom and further for declaring the decision by the Revenue Officer dated 23. 12. 54 in Misc. Case No. 2 of the R. O. S. Court, Barisal anullity. Their case in..

Category: Others | Date: | Hits: 142

BD Jatiya Matshajibi Samabaya Samity Ltd. Vs. Chairman, Labour Court, Ctg & anr.,1976, 5 CLC (AD)

....ter on found negligent in the discharge of his duties and responsibilities and as such an order was served upon him on 2nd December, 1968 directing him to hand over the charge of his office to the Assistant Accountant and was placed under suspension from 7th December, 1968 pending drawing up pro......med the order of the Labour Court is set aside. The order of the Labour Court is also set aside and the petition of Respondent No. 2 is dismissed. There will be no order as to costs. Ed. ......nuary, 1969 with a direction to show cause as to why he should not be dismissed from service for his misconduct. Assistant Registrar of the Co-operative Society, Chittagong was appointed as Inquiry Officer. Respondent No. 2 submitted his explanation to the Inquiry Officer on 1. 2. 1969. The Inqu..

Category: Labour and Industrial Law | Date: | Hits: 144

Md. Amirul Islam Vs. The Hon'ble Judges of the HCD (Sc) of BD & Govt. of BD, 1976, 5 CLC (AD)

....hat he is in the habit of doing so and he did so in the past too.” be expunged from the impugned remarks. The appeal is, accordingly, disposed of in the aforesaid terms. Ed. ......hat he is in the habit of doing so and he did so in the past too.” be expunged from the impugned remarks. The appeal is, accordingly, disposed of in the aforesaid terms. Ed. ......hat he is in the habit of doing so and he did so in the past too.” be expunged from the impugned remarks. The appeal is, accordingly, disposed of in the aforesaid terms. Ed. ..

Category: Others | Date: | Hits: 157

FM Rashiduzzaman Vs. Bahauddin Ahmed and another, 1976, 5 CLC (AD)

....ible for the loss of the promising life cannot be prosecuted as the said officer Bahauddin acted in the discharge of his official duty. In the result the appeal is dismissed. Ed. ......ible for the loss of the promising life cannot be prosecuted as the said officer Bahauddin acted in the discharge of his official duty. In the result the appeal is dismissed. Ed. ......ible for the loss of the promising life cannot be prosecuted as the said officer Bahauddin acted in the discharge of his official duty. In the result the appeal is dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 66

Tozammel Hussain Chowdhury Vs. State, 1976, 5 CLC (AD)

....an appellate order of acquittal. It may be mentioned here that under section 408 Cr.P.C. the Court of Session is also an Appellate Court to which appeals from the orders of convictions passed by an Assistant Sessions Judge, the District Magistrate or any other Magistrate of the 1st Class lie, pro......ng so the High Court committed no illegality. In the result the appeal stands dismissed. The appellant is directed to surrender to his bail to serve out the sentence. Ed. ......mmal fired at the two persons causing fatal injuries. P.W. 13, of course, said that Tozammal fired on Rustom. He, however, admitted in cross-examination that he did not say so to the Investigation Officer. In these circumstances the High Court held that Tozammal could not be convicted under sect..

Category: Criminal Law | Date: | Hits: 57

M.A. Zaher and others Vs. Mainuddin Ahmed and another, 1976, 5 CLC (AD)

.... Bench, a Rule, suo motu was issued by it against Captain M. M. Haque, Chairman, Naranyanganj Municipality, Md. Khurshed Alam Khan, Secretary, Naranyanganj Municipality and Nurul Islam Sikdar, Head Assistant Basic Democracy Section, Divisional Commissioner's Office, Dacca directing them to show ca......g the appellant Khurshed Alam Khan for abetment of the offence of contempt of court and sentencing him therefor. In the result this appeal is dismissed. Ed. This Case is also Reported in: ......g the appellant Khurshed Alam Khan for abetment of the offence of contempt of court and sentencing him therefor. In the result this appeal is dismissed. Ed. This Case is also Reported in: ..

Category: Civil Law | Date: | Hits: 142

Dacca Improvement Trust Vs. Waliullah and others, 1976, 5 CLC (AD)

.... a formal decree, as a matter of fact, was prepared after the filing of the said appeal. The result, therefore, is that the appeal is dismissed without any order as to costs. Ed. ...... a formal decree, as a matter of fact, was prepared after the filing of the said appeal. The result, therefore, is that the appeal is dismissed without any order as to costs. Ed. ...... of the plaint by a new prayer to the following effect: "(a), a decree be passed declaring that the order dated 13-8-66 contained in Memo No. 3172 T. P. passed by the Authorised Officer of the D. I. T. "Dacca cancelling the per- appeal was failed and the attention of the..

Category: Procedural Law | Date: | Hits: 99

Commissioner of Income-Tax, Dacca Zone, Dacca Vs. M/S. Ata Hossain Khan Ltd., 1975, 4 CLC (AD)

....8-59 respectively, after adding the amounts of the alleged loans as the suppressed income of the assessee com­pany for the respective years. 5. On an appeal by the assessee company the Appellate Assistant Commissioner of Income-tax upheld the rejection of the asse­ssee's accounts and the addit......that this appeal is allowed with costs and the judgment and order of the High Court are set aside and that of the Appellate Tribunal restored. Ed. This Case is also Reported in: 28 DLR (AD) 141....... printing on tiny. The relevant assessment years were -1956-57, 1957-58 and 1958-59 and the rates of gross profits were shown at 34%, 33.6% and 35% respectively for the said years. The Income-Tax Officer on a consideration of the return filed by the assessee for the year 1956-57 made the followi..

Category: Fiscal/Taxation Law | Date: | Hits: 164

Jardine Henderson Ltd. Calcutta, India Vs. Commissioner of In­come-Tax, Chittagong, 1976, 5 CLC (AD)

.... which may be said to have any business connection in Pakistan was the monthly allowance of Rs. 200/- per men­sem. 3. The Revenue authorities viz. the Income-tax Officer and the Appellate Assistant Com­missioner took the view that the commission earned by the appellant as well as t......pinion that the High Court took the correct view in answering the question referred to it under section 66(1) of the Income-tax Act. Both the appeals are dismissed with costs. Ed. ......appellant, the only income which may be said to have any business connection in Pakistan was the monthly allowance of Rs. 200/- per men­sem. 3. The Revenue authorities viz. the Income-tax Officer and the Appellate Assistant Com­missioner took the view that the commission earned by t..

Category: Fiscal/Taxation Law | Date: | Hits: 114

Government of Bangladesh Vs. Messres A. T. J. Industries Ltd. and others, 1976, 5 CLC (AD)

....ries Ltd. and others…….Respondents Judgement March 15, 1976. Result: The appeal is dismissed. Lawyers Involved: Faqeer Shahabuddin Ahmed, Attorney-General with Mahmudul Islam, Assistant Attorney-General—For the Appellant. Shah Abu Mayeen, Advocate instructed by Abdur Rab......sturb the decision of the High Court Division. Subject to the observation made above, the appeal is dismissed with no order as to costs. Ed. This Case is also Reported in: 28 DLR (AD) 120. ......ority who were satisfied by the letter of authority issued by Saifuddin on 14. 4. 72 and the affidavit dated 4.7.72 and thus passed an order whereby clearance of the Company was allowed by the Excise Officer in the sig­nature of Mr. Abbas AH until otherwise di­rected pursuant to an order issued by..

Category: Business or Commercial Law | Date: | Hits: 129

Karnaphuli Rayon and Chemical Ltd. Vs. The Govt. of Bangla­desh and others, 1976, 5 CLC (AD)

....shy;nufacture by the appellant Company is declared to have been issued without lawful authority and was of no legal effect. There shall be no order as to costs in this appeal. Ed. ......shy;nufacture by the appellant Company is declared to have been issued without lawful authority and was of no legal effect. There shall be no order as to costs in this appeal. Ed. ...... All E.R. 756; Thompson Vs. Goold & Co. (1910) A.C. 409 P- 420); Vickers, Sons & Maxim Ltd. Vs. Evans (1910) A.C. 444 of page 445; Messers Usmania Glass Sheet Factory Limited Vs. Sales T s Officer, Chittagong (1970) 22 DLR (SC) 43T— PLD 1971 SC 205. Lawyers Involved: M..

Category: Business or Commercial Law | Date: | Hits: 109