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S.Z.M. Nurul Huq Vs. State, 1981, 10 CLC (AD)
.... K.A. Bakr, Attorney-General, A.W. Bhuiyan, Assistant Attorney-General, instructed by B. Hossain, Advocate-on-Record--For the Respondent. (In both the Appeals). Syed Ishtiaq Ahmed, Senior Advocate—Amicus curiae. Criminal Appeal Nos. 22 and 23 of 1997. (From t......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
Nani Gopal Saha Vs. Jatindra Lal Chowdhury and others, 1981, 10 CLC (AD)
....t Vs. Jatindra Lal Chowdhury and others....................................Respondents Judgment December 11, 1980. Lawyers Involved: B.B.Roy Chowdhury, Senior Advocate instructed by Abdur Rab-II, Advocate on Record.—For the Appellant. S.R......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. ......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)
....q, Advocate-on-Rccord.—For the Respondents 3-7 and 9-11. K.A. Bakr, Attorney-General, instructed by B.Hossain, Advocate-on-Record.—Under Rule 1, Order XLV S.C. (A.D.) Rules, 1973. S.R. Pal, Senior Advocate. — Amicus Curiae. Civil Appeal No. 100 of 1979. (From the Judgment and Decr......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)
....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. ......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
Shamuj Ali and other Vs. Kamalarma Bibi and others, 1980, 9 CLC (AD)
....I.R. 1917 Mad. 185; Venkatraraju, A.I.R. 1943 Mad. 248; Kurgodlgouda A.I.R. 1917 Bom 210; Hamidal, A.I.R. 1921 Bom 67; bhaunath, A.I.R. 1934 Pat. 246(2). Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate, Instructed by Abu Backkar, Advocate-on-Record. — For the Appellants. Rafiqu...... indicating, by whom. Reference to the English law, therefore, does not give as much assistance in the interpretation of s. 144. 15. In "Jai Berham vs. Kedar Nath Marwari", AIR 1922 P.C. 269, the Judicial Committee of the Privy Council considered the score of a.144 and duty of the court to effec......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)
.... Judgment March 23, 1982. Case Referred to- Mohandra Lal Jaini vs. State of Uttar Pradesh AIR 1963 (SC) 1019. Lawyers Involved: Hamidul Huq Chowdhury, Senior Advocate instructed by Miah Abdul Gafur, Advocate on Record—For the Appellants. ......ppeal by the defendant No. 2 a Division Bench of the High Court Division concurred with the trial Court's findings of fact, but relying on a decision in the case of Chittaranjan Sutar v. Secretary, Judicial Department, Government of East Pakistan, 17 DLR Dacca 451, held that the sale-deed was no......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
Abdul Alim and others Vs. A. K. Abdul Hoque and others, 1982, 11 CLC (AD)
....1935 P.C. 85; AIR 1945 Mad 86; AIR 1948 Bom. 185. Lawyers Involved: Abdus Salam, Senior Advocate, instructed by B.C. Panday, Advocate-on-Record— For the Appellants. Sh......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. ......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
Govt. of Bangladesh Vs. Md. Arshad Ali, 1982, 11 CLC (AD)
....ed: A Wadud Bhuiyan, Deputy Attorney General, B. Hossain, Assistant Attorney General, instructed by Abdul Wadud Mian, Advocate-on-Record.—For the Appellants. Rafiq-ul-Huq, Senior Advocate instructed by Serajuddin Ahmed, Advocate-on-Record,—For the Respondent. ......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)
....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. ......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)
....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. ......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)
....oinul Hussain, Advocate, with Joynal Abedin, Advocate, instructed by Syed Sakhawat AH, Advocate-on-Record.—For the Respondent (In Civil Appeal No. 124 of 1981). S.R. Pal and Syed Ishtiaq Ahmed, Senior Advocates—Amicus Curiae. Civil Appeal Nos. 73, 74 and 124 of 1981 (From the Judgmen......led 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 Governor General. Th......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)
....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. ......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
....the Appellant (In Civil Appeal No. 34 of 1981).
A M Mahmudur Rahman, Advocate instructed by Md. Sajjadul Huq, Advocate-on Record.—For the Appellant (In Civil Appeal No. 50 of 1981).
S.R. Pal, Senior Advocate (S.C. Das, Advocate with him instructed by Aminul Huq, Advocate-on-Record -For the R......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)
....tion (1980) 32 DLR (AD) 46. Lawyers Involved: A.W Bhuiyan, Deputy Attorney-General, instructed by B. Hossain, Advocate-on-Record—For the Appellants. Syed Ishtiaq Ahmed, Senior Advocate, Khondkar Mahbub Hossain, Mahmudul Islam, Advocates with him instructed by Md.......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
Hajee Khabiruddin Ahmed Vs. Md. Salam Kabir, 1982, 11 CLC (AD)
....ed J Hajee Khabiruddin Ahmed…………………Appellant Vs. Md. Salam Kabir…………………………..... Respondent Judgment April 1, 1982. Lawyers Involved: S R. Pal, Senior Advocate, instructed by Santiranjan Karmaker, Advocate-on-Record.— For the Appellant. Sy......ter the lapse of a reasonable time. For the reason stated above, the appeal is allowed with costs. The judgment of the High Court Division is set aside and that of the trial court restored. Ed. ......ter the lapse of a reasonable time. For the reason stated above, the appeal is allowed with costs. The judgment of the High Court Division is set aside and that of the trial court restored. Ed. ..Category: Tenancy Law | Date: | Hits: 67
Rokeya Khatun Vs. Alijan @ Alijan Bepari and ors., 1982, 11 CLC (AD)
....- Farid un Nesa vs. Mukhtar Ahmed 52 I.A. 342; Ruhalla vs. Hananlli Begumia AIR 1928 PC 303; Hem Chandra vs. Suradhani Debya AIR (1940) PC 134. Lawyers Involved: Abdus Salam, Senior Advocate instructed by B.C. Panday, Advocate-on- Record.—For the Appellant. M. ......, whose disabilities make them dependent upon or subject them to the influence of others, even though nothing in the nature of deception or coercion may have occurred. This is the view expressed by Judicial Committee in the case of Farid-un-Nesa vs. Mukhtar Ahmed 52 I. A. 342. In the course of ......he modification that the suit is decreed in part in favour of the appellant to the extent of the 1/3 rd share in the suit property. Respondent No. 1 is to pay cost of the appeal. Ed. ..Category: Property Law | Date: | Hits: 57
....…………………………………………….. Respondents
Judgment
September 11, 1981.
Result:
The appeal is allowed.
Lawyers Involved:
Syed Ishtiaq Ahmed, Senior Advocate, M. Hoque, Advocate with him, instructed by B. Hossain, Advocate-on-Record—For the......under. We may refer to the principle regarding the ouster of Jurisdiction of the Civil Court as enunciated in the case of Secretary of State Vs. Mask and Company, AIR 1940 Privy Council, 105, The Judicial Committee stated the principle thus:—
"It is settled law that the exclusion of the......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)
....Vs. Saeed Ahmed PLD (SC) 151; Jamil Huq Vs. Bangladesh (1982) 34 DLR(AD) 125; A Rouf Vs. Abdul Hamid Khan (1965 17 DLR (SC) 515. Lawyers Involved: MH Khandker and Khandker Mahbub uddin Ahmed, Senior Advocates with Nizamuddin Haider, Advocate, instructed by Shahabuddin Ahmed, Advocate-on-Reco......gatived the view of the High Court which was to the effect that in the matter of review the Government was exercising the function of the Judicial authority and evidently review in question must be Judicial review.” There it no foundation for such observation and nothing has been said in the......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
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