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Md. Habibur Rahman & ors. Vs. Hasen Ali Mondal and others, 1982, 11 CLC (AD)

....Appellate Division (Civil) Present: Kemaluddin Hossain CJ F. K. M. A. Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Md. Habibur Rahman & ors……………………&hellip......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. ...... The order of the High Court Division is set aside and the Writ Petition dismissed. No costs. Ed. ...... Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Md. Habibur Rahman & ors………………………. Appellants Vs. Hasen Ali Mondal and others…………………... R..

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)

....ision (Criminal) Present: Kemaluddin   Hossain CJ F. K. M. A. Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Md. Enayet Ali…………………………...App......ing Officers concerned were examined at the trial. Their evidence clearly supports the case of the respondent that the rules 37, 38 and 39 were not strictly complied with. The Returning Officer Md. Anwar Ali Khan (C. W. 1) stated that he sent people to these two centres in early morning on 14-8-7......and the election petition is dismissed. There will be no order as to cost. Ed. ......Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Md. Enayet Ali…………………………...Appellant. Vs. Munsif of First Court at Khulna & Election Tribunal and others........................

Category: Election Law | Date: | Hits: 121

Haripada Biswas Vs. State & another, 1982, 11 CLC (AD)

.... the decision of the High Court Division Is set aside and the proceedings in Criminal Miscellaneous Case No. 687 of 1978 of the Court of Sessions Judge, Bakerganj are hereby quashed. Ed. ...... the decision of the High Court Division Is set aside and the proceedings in Criminal Miscellaneous Case No. 687 of 1978 of the Court of Sessions Judge, Bakerganj are hereby quashed. Ed. ......llaneous Case No. 687 of 1978 of the Court of Sessions Judge, Bakerganj are hereby quashed. Ed. ......aider Chowdhury J Shahabuddin Ahmed J Haripada Biswas …………………………………….Appellant Vs. State & another ……………………&hell..

Category: Criminal Law | Date: | Hits: 61

Jamil Huq and 11 others Vs. Bangladesh and others, 1981, 10 CLC (AD)

....s. Wilson, 97 Lawyers Edition, 1508; Kartar Singh vs. Imperator, AIR 1946 Lah. (FB) 1C3. Lawyers Involved: M.H, Khandker, Senior Advocate, with Shafiqur Rahman, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record—For the Petitioner (In Petition No. 65 of 1981). Dr. Kam......lication under Article 104 of the Constitution is rejected. The verbal prayer for stay of the execution of the sentences made by Mr. MH Khandker is refused. Ed. This Case is also Reported in: ...... stay of the execution of the sentences made by Mr. MH Khandker is refused. Ed. This Case is also Reported in: ......­dhury J Shahabuddin Ahmed J Jamil Huq and 11 others……………….Petitioners (In Petition Nos. 65/81 66/81, 67/81, 68/81, 69/81, 70/81, 71/81, 72/81, 73/81, 74/81, 75/81, and 76/81) Vs. Bangladesh and others................................Respondent Judgment September 2..

Category: Constitutional Law | Date: | Hits: 327

Al-Sayar Navigation Co. Vs. Delta International Traders Ltd. and ors., 1982, 11 CLC (AD)

....plaintiff is assessed at Tk. 7,36,040/- and the decree is passed accordingly. Civil Appeal No. 38 of 1981 is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: ......plaintiff is assessed at Tk. 7,36,040/- and the decree is passed accordingly. Civil Appeal No. 38 of 1981 is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: ......vil Appeal No. 38 of 1981 is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: ...... Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J BH Chowdhury J Shahabuddin Ahmed J Al-Sayar Navigation Co……………………Appellants (In Civil Appeal No. 15 of 1981). Vs. Delta International Traders Ltd. and others……………………. Respondent And De..

Category: Admiralty Law or Maritime Law | Date: | Hits: 264

Md. Deser Ali Vs. Bangladesh and ors., 1982, 11 CLC (AD)

....ision (Civil) Present: Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Md. Deser Ali ………..................................Appellant  Vs......ated on the ground floor of one of the buildings, the said property being outside the hat and bazar has been made without any lawful authority and as of no legal effect. Ed. ......de without any lawful authority and as of no legal effect. Ed. ......J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Md. Deser Ali ………..................................Appellant  Vs. Bangladesh and ors……………………&hel..

Category: Property Law | Date: | Hits: 61

Commissioner of Taxes, Ctg Zone, Ctg Vs. M/s Free School Street Properties, Ltd, 1982, 11 CLC (AD)

....om. of Income Tax W.B. 1971 I.T.R. 547 : S.G. Mercantile Corporation Ltd. Vs. Com. of Income Tax 1972 I.T.R. 700. Lawyers Involved: A. M. Mahmudur Rahman, Advocate ins­tructed by Md. Sajjadul Huq, Advocate on Record,—For the Appellant. Rafiqul Haq, Senior Advocate...... 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. ......ble. In the result, therefore, this appeal is dismissed without any order as to cost. Ed. ......; Badrul Haider Chowdhury J Shahabuddin Ahmed J Commissioner of Taxes, Chittagong Zone, Chittagong…………………...Appellant Vs. M/s Free School Street Properties, Ltd………………&h..

Category: Fiscal/Taxation Law | Date: | Hits: 78

Ranabir Purkayastha @ Bhanu Vs. Alekjan Bibi and ors., 1982, 11 CLC (AD)

....ents Judgment November 2, 1981. Lawyers Involved: Rafiqur Rahman, Senior Advocate, instructed by Gazi Abdul Mannan, Advocate-on-Record— For the Appellant. Md. Aftab Hossain, Advocate-on-Record— For the Respondents 1-9. Criminal Appeal No. 6......urt of Subordinate Judge, Second Court, Sylhet by the trial Court. The appeal is disposed of in the aforesaid terms. Ed. This Case is also Reported in: 1982 BLD (AD) 25. ......f in the aforesaid terms. Ed. This Case is also Reported in: 1982 BLD (AD) 25. ......ossain CJ Ruhul Islam J Badrul Haider Chowdhury J Ranabir Purkayastha @ Bhanu………………………….Appellant Vs. Alekjan Bibi and ors……………………&hell..

Category: Criminal Law | Date: | Hits: 39

Commissioner of Income Tax, Dacca Vs. Adamjee Sons Ltd., 1982, 11 CLC (AD)

....f Wealth Tax vs. K.M. Desikar 92 I.T.R. 101; Commissioner of Wealth Tax vs. Pershow Properties 1969 I. T. R. 388. Lawyers Involved: Mahmudur Rahman, Advocate-on-Record, instructed by Md. Sajjadul Huq, Advocate-on Record—For the Appellant. M. Hossain. Advocate, instruc......d not separately under section 7(1) of the Wealth Tax Act. There is nothing to interfere. In the result, therefore, this appeal is dis­missed without any order as to cost. Ed. ...... In the result, therefore, this appeal is dis­missed without any order as to cost. Ed. ......lam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Commissioner of Income Tax, Dacca ……………………….Appellant Vs. Adamjee Sons Ltd...............................................Respondents Judgm..

Category: Fiscal/Taxation Law | Date: | Hits: 73

Commissioner of Income Tax Vs. Mrs. Masuda Khatun, 1982, 11 CLC (AD)

.... Premier Construction Co. Vs. I. T. Com­missioner AIR 1949 PC) 20 ; Com. of I. T. Vs. Maharajadbiraj of Darbhanga AIR 1935 (PC) 172; Nawab Habibullah V. Com. of I. T, Bengal AIR 1943 (PC) 20; Md. Isa V. Com. I. T. C & U, Prov. AIR 1942 (All) 194; I. T. Com Vs. EVH. Miller PLD 1956 (Lah)......e the exemption illusory. Accordingly, the answer to the ques­tion framed must be in the affirmative. The appeals are, therefore, dismissed without any order as to costs. Ed. ......ffirmative. The appeals are, therefore, dismissed without any order as to costs. Ed. ......aluddin Hossain CJ    Fazle Munim J  Ruhul Islam J Badrul Haider Chowdhury J Commissioner of Income Tax.........................Appellant Vs. Mrs. Masuda Khatun……………………&hellip..

Category: Fiscal/Taxation Law | Date: | Hits: 75

Ramesh Chandra Dutta Vs. Nimai Kumar Dutta and ors, 1982, 11 CLC (AD)

....ers had any independent income to acquire, the presumption of jointness is not reversed. That being the position we do not find any merit in this review petition, which is dismissed. Ed. ......ers had any independent income to acquire, the presumption of jointness is not reversed. That being the position we do not find any merit in this review petition, which is dismissed. Ed. ......eing the position we do not find any merit in this review petition, which is dismissed. Ed. ...... J Ruhul Islam J Ramesh Chandra Dutta………………………………………….Petitioner Vs. Nimai Kumar Dutta and ors…………………&hellip..

Category: Property Law | Date: | Hits: 65

Nurjahan Begum, wife of Mahmudur Rahman Vs. Mahmudur Rahman Mullick , 1982, 11 CLC (AD)

....s. Muhammad Hadi (1898) L.R. 26 1. A. 38.  Lawyers Involved: M. H. Khondaker, Senior Advocate, (M/s, Azizur Rahman Chowdhury and Fazlul Huq, Advocates, with him), instructed by Md. Sajjadul Huq, Advocate-on Record—For the Appellant. M/S. Asrarul Hossain and Md. ......not be sustained. In the result the appeal is allowed, judgment and decree of the trial Court and those of the High Court Division are set aside and the suit is dismissed with costs. Ed. ...... H. Khondaker, Senior Advocate, (M/s, Azizur Rahman Chowdhury and Fazlul Huq, Advocates, with him), instructed by Md. Sajjadul Huq, Advocate-on Record—For the Appellant. M/S. Asrarul Hossain and Md. Jane Alam, Senior Advocates, Sk. Abul Hossain, Advocate, with him instructed by S. ...... Islam J Badrul Haider Chowdhury J Shahabuddin Ah­med J Nurjahan Begum, wife of Mahmudur Rahman………...................................Appellant Vs. Mahmudur Rahman Mullick being dead his heirs and legal representatives:- Musammat Nurja..

Category: Property Law | Date: | Hits: 448

Habibur Rahman Vs. The State, 1982, 11 CLC (AD)

....hellip;…Respondent (in both the appeals) Judgment June 15. 1981. Lawyers Involved: Aminul Huq, Advocate on Record -For the Appellant (in both the appeals) Md. Moksudor Rahman, Deputy Attorney General, instructed by B. Hossain, Advocate on Record.—......retrial is set aside and the order of the Special Tribunal dated 1-8-1975, allowing the withdrawal is restored. Consequently the petitioner stands acquitted under section 494 Cr.P.C. Ed. ...... is restored. Consequently the petitioner stands acquitted under section 494 Cr.P.C. Ed. ......J Badrul Haider Chowdhury J Shahabuddin Ahmed J Habibur Rahman………………………...Appellant (in both the appeals) Vs. The State………………………&hellip..

Category: Criminal Law | Date: | Hits: 46

Bengal Water Ways Ltd. and other Vs. Rahimuddin Ahmed and others, 1982, 11 CLC (AD)

....private limited Company more or less as a partnership. With these words I concur with the judgment delivered by my learned brother Masud, J. and dismiss the appeal with costs. Ed. ......private limited Company more or less as a partnership. With these words I concur with the judgment delivered by my learned brother Masud, J. and dismiss the appeal with costs. Ed. ......th the judgment delivered by my learned brother Masud, J. and dismiss the appeal with costs. Ed. ...... Present: Kemaluddin Hossain C.J Chowdhury A. T. M Masud J A.F.M. Abdur Rahman Chowdhury J Bengal Water Ways Ltd. and other.................Appellants Vs. Rahimuddin Ahmed and others…………………&helli..

Category: Business or Commercial Law | Date: | Hits: 110

Chairman, D. I. T and another Vs. Chairman, 2nd Labour Court and another, 1981, 10 CLC (AD)

....gh Court Division and the Labour Court are set aside, and the petition before the Labour Court dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) 37. ......gh Court Division and the Labour Court are set aside, and the petition before the Labour Court dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) 37. ......the Labour Court dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) 37. ......ivil) Present: Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Chairman, D. I. T and another.......................................Petitioner Vs. Chairman, 2nd Labour Court and another.............................. Respondents Judgmen..

Category: Labour and Industrial Law | Date: | Hits: 108

Mrs. H Mansur & ors Vs. Sec. Min. of Pub. Works & Urban Dev., Pub. Works Div, GoB, 1982, 11 CLC (AD)

....ingh, AIR 1973 (SC) 205; K. N. Guruswamy's case, (1955) 1 SCR 305 : (A.I.R. 1954 S.C. 592). Lawyers Involved: Rafique-ul-Huq, Senior Advocate, with T. Islam, Advocate, instructed by Md. Sajjadul Huq, Advocate-on-Record.—For the Appellants. Abdus Sobhan, Additional At......ed with costs. The order of the High Court Division is set aside, and the impugned order of cancellation of the lease deed declared to have been passed without any lawful authority. Ed. ......cellation of the lease deed declared to have been passed without any lawful authority. Ed. ......zle Munim  J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ah­med J Mrs. Husna Mansur and others......................................Appellants Vs. Secretary, Ministry of Public Works and Urban Development, Public Works Divi­sion, G..

Category: Property Law | Date: | Hits: 53

Assessing Officer, Narayangonj Range and others Vs. Burmah Eastern Ltd., 1981, 10 CLC (AD)

....at the High Court Divi­sion has rightly held that the Writ Petition was maintainable. For the aforesaid reasons this appeal is dismissed but without cost. Ed. This Case is also Reported in:......at the High Court Divi­sion has rightly held that the Writ Petition was maintainable. For the aforesaid reasons this appeal is dismissed but without cost. Ed. This Case is also Reported in:......nt January 22, 1981. Result: The appeal is dismissed. Lawyers Involved Abdus Sobhan Additional Attorney General, Matiur Rahman, Assistant Attorney General with him, instructed by B. Hossain, Advocate on-Record (absent)—For the Appellants. Altaf Hossain, Advocate, Jaynal Abedi......ellate Division (Civil) Present: Fazle Munim J Shahabuddin Ahmed J Chowdhury ATM Masud J Assessing Officer, Narayangonj Range and others…………………....Appellants Vs. Burmah Eastern Ltd. …………………………………………...Respondents Judgm..

Category: Fiscal/Taxation Law | Date: | Hits: 76

GM, Bangladesh Tea In­dustry Management Committee Vs. F.H. Chowdhury & anr, 1982 , 11 CLC (AD)

.... Lawyers Involved: T, Islam, Advocate, instructed by B, Hossain, Advocate-on Record.—For the Appellants Syed Ishtiaq Ahmed, Sr. Advocate, with A. Hasib, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record.—For the Res­pondent 1. Civil Appeal No. 14......t the relationship between the parties was that of Master and Servant may not be unqualified. In the result, therefore, this appeal is dismissed without any order as to costs. Ed. ...... In the result, therefore, this appeal is dismissed without any order as to costs. Ed. ...... CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J General Manager, Bangladesh Tea In­dustry Management Committee and an­other .......................Appellant Vs. F.H. Chowdhury and another…..........................................Respondents ..

Category: Employment/Service Law | Date: | Hits: 92

Zahirul Huq Vs. Ejamul Huq and others, 1982, 11 CLC (AD)

....rom the due process of law. With this observation this appeal is allow­ed without any order as to costs, the order of the High Court Division is set aside and the writ petition dismissed. Ed. ......rom the due process of law. With this observation this appeal is allow­ed without any order as to costs, the order of the High Court Division is set aside and the writ petition dismissed. Ed. ......w­ed without any order as to costs, the order of the High Court Division is set aside and the writ petition dismissed. Ed. ...... Appellate Division (Civil) Present: Kemaluddin Hossain CJ Fazle Munim J Shahabuddin Ahmed J Zahirul Huq……………………………………………………..Appellant Vs. Ejamul Huq and others……...................Respondents Judgment June 30, 1981. L..

Category: Tenancy Law | Date: | Hits: 93

Sonali Bank Vs. Abdul Mannan and others, 1981, 10 CLC (AD)

.... February 24, 1981. Result: The appeal is dismissed. Lawyers Involved: Asrarul Hossain, Senior Advocate, instruc­ted by Syed Sakhwat Ali, Advocate-on-Record—For the Appellant. Md. Nurul Huq, Advocate-on-Record—For the Respondent No. 1. A. Salek, Advocate, instructed by ......ecame a debtor. The High Court Division has rightly issued the writ. In the result, therefore, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: ......result, therefore, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: ...... Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ah­med J Sonali Bank…………….....................................Appellant Vs. Abdul Mannan and others..............................Respondents Judgment February 2..

Category: Banking Law | Date: | Hits: 129