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Bangladesh Vs. Hon'ble Judge, Prize Court, HCD, Supreme Court Building, Dacca, 1982, 11 CLC (AD)
....2. Lawyers Involved: K. A. Bakr, Attorney-General with A. W. Bhuiyan Deputy Attorney-General, instructed by M R. Khan, Advocate-on-Record—For the Appellant. Rafiqul Huq, Senior Advocate instructed by Syed Sakhawat Ali Advocate-on-Record-For the Respondent. Civil......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
Abdul Hamid Vs. Abdul Jabbar , 1982, 11 CLC (AD)
....o this modification the appeal is allowed, the order of the High Court Division is set aside and that of the Subordinate Judge is restored. There will be no order as to costs. Ed. ......oes not so provide, another order may be made, or a writ called a writ of restitution be issued commanding the judgment-creditor to restore the property or pay over the proceeds of sale." The Judicial Committee of the Privy Council while examining the question of restitution under section 14......o this modification the appeal is allowed, the order of the High Court Division is set aside and that of the Subordinate Judge is restored. There will be no order as to costs. Ed. ..Category: Civil Law | Date: | Hits: 82
Bangladesh & others Vs. A. K. M. Zahangir Hossain, 1981, 10 CLC (AD)
....ord—For the Appellants (In Civil Appeal Nos. 39 & 140 of 1979). B.C. Panday, Advocate-on-Record—For the Respondent (In Civil Appeal No. 134 of 1978). S.R. Pal, and Syed Ishtiaq Ahmed, Senior Advocates—Amicus Curiae. Civil Appeal No. 134 of 1978 And Civil Appeal Nos. 39,...... 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
General Manager Jamuna Oil Company Ltd. Vs. Golap Rahman & another, 1982, 11 CLC (AD)
....(1975) 27 DLR 158; Aminul Islam vs. James Finlay, (1974) 26 DLR (SC) 33; Project-in-Charge, Paruma Ltd., vs. Aminur Rahman Khan, (1979) 31 DLR 124. Lawyers Involved: Asrarul Hossain, Senior Advocate (Abdul Azim, Advocate with him) Instructed by Syed Sakhawat Ali, Advocate-on-Record......dinance shows that the Court itself either cannot compel the attendance of such member or extract his advice. For the reasons stated above, the appeal is dismissed with costs. Ed. ......dinance shows that the Court itself either cannot compel the attendance of such member or extract his advice. For the reasons stated above, the appeal is dismissed with costs. Ed. ..Category: Labour and Industrial Law | Date: | Hits: 97
Bangladesh Vs. Winifred Rubi & ors., 1982, 11 CLC (AD)
....awyers Involved: K. A, Bakr, Attorney General, A.W. Bhuiyan, Deputy Attorney General, with him, instructed by B. Hossain, Advocate-on-Record—For the Appellants, Rafiqur Rahman, Senior Advocate, Md. Nurul Huq, Advocate-on Record—For the Respondent Nos. 1-3. S...... 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)
....ip;... Respondents Judgment April 2, 1980. Case Referred to- Azizul Molla vs. Taher Ali Sarder (1980) 32 DLR (AD) 61. Lawyers Involved: Md, Fazlul Karim, Senior Advocate, Mahbubey Alam, Advocate with him, instructed by B.C. Panday Advocate-on-Record&mda......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
Md. Enayet Ali Vs. Munsif of First Court at Khulna & Election Tribunal and others, 1982, 11 CLC (AD)
.... Munsif of First Court at Khulna & Election Tribunal and others....................... Respondents Judgment June 19, 1981. Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate, Supreme Court, (M/S Zamiruddin Ahmed, K. Z. Alam and Mahmudul Islam, Advocate...... Court By the majority decision, the appeal is allowed. The orders of the Courts below are set aside and the election petition is dismissed. There will be no order as to cost. Ed. ......itioner secured 40,265 votes; (b) election was vitiated on account of violation of rules 37, 38 and 39 of the Paurashava Election Rules, (c) according to rule 39 the Presiding Officer is required to seal all papers connected with the election and put them in separate packet..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. ...... 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. ..Category: Criminal Law | Date: | Hits: 61
Jamil Huq and 11 others Vs. Bangladesh and others, 1981, 10 CLC (AD)
....49(1) All ER 242; R. vs. O/C Depot Battalion 1949, All ER 373; Burns vs. 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...... "The new Code had been created largely because of the severe criticism heaped upon the military's concept and practice of justice before and especially during, and after, World War II." (The Judicial process by Henry J. Abrstan 146). 44. Hence, the decisions cited at the bar are to be u......ober 29, 1946, the day before he should have reported under his orders of recall, he left the country, and for two years evaded arrest until, on October 9, 1948, he was arrested at Antwerp by British Officers accompanied by two Belgian Police officers. Having been detained in a police station in A..Category: Constitutional Law | Date: | Hits: 327
Al-Sayar Navigation Co. Vs. Delta International Traders Ltd. and ors., 1982, 11 CLC (AD)
....Hadley Vs. Baxendale 1854, 9 Ex. 341; United States vs. Middleinn, 1924, 3 Fed Rep (2nd) 384; Monarach SS Co. Vs. A/B Carlshons, 1949 All LR Vol. J page 1. Lawyers Involved: Dr. Kamal Hossain, Senior Advocate, with Shah Abu Nayeem, Advocate, instructed by A. Backkar, Advocate-on-Record—For ......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: ..Category: Admiralty Law or Maritime Law | Date: | Hits: 264
Md. Deser Ali Vs. Bangladesh and ors., 1982, 11 CLC (AD)
....llip;………………………..Respondents Judgment November 27, 1980 Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate, with Zamiruddin Ahmed, and K. Z. Alam, Advocates instructed by Md. Aftab Hossain,......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. ......appeal arises from the Judgment of a Bench of the High Court Division passed in Writ Petition No. 18 of 1970. 2. The appellant challenged the validity of an order passed by the Circle Officer, Revenue, Satkhira, Khulna, Respondent No. 4 on July 18, 1969. The impugned order is in ..Category: Property Law | Date: | Hits: 61
Commissioner of Taxes, Ctg Zone, Ctg Vs. M/s Free School Street Properties, Ltd, 1982, 11 CLC (AD)
....f 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, instructed by Syed Sakhawat Ali, Advocate on Record.—For the Respondents, ...... 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. ......uted it to its share holders. The High Court Division took the view that it is a kind of trade as contemplated in the definition of a business in section 2(4) of the Income Tax Act. The Wealth Tax Officer and the Appellate Commissioner took the view that the property of the assessee company shou..Category: Fiscal/Taxation Law | Date: | Hits: 78
Ranabir Purkayastha @ Bhanu Vs. Alekjan Bibi and ors., 1982, 11 CLC (AD)
....ellip;……………………………..Respondents Judgment November 2, 1981. Lawyers Involved: Rafiqur Rahman, Senior Advocate, instructed by Gazi Abdul Mannan, Advocate-on-Record— For the Appellant. ......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. ......ff. As regards disturbance of possession which led the first party to resort to the drawing up of criminal proceedings the Magistrate found It true and after drawing up of the proceedings appointed Officer-in-Charge of the local police station the receiver. The police report disclosed that both t..Category: Criminal Law | Date: | Hits: 39
Commissioner of Income Tax, Dacca Vs. Adamjee Sons Ltd., 1982, 11 CLC (AD)
....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. ......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. ......ected against the judgment and order of the High Court Division in an application under section 27 (1) of the Wealth Tax Act, 1972. The respondent was assessed to Wealth Tax by the Wealth Tax Officer, Companies Circle (I), Dacca for the assessment year 1963/64 on a total sum of Tk. 2,96,61,..Category: Fiscal/Taxation Law | Date: | Hits: 73
Commissioner of Income Tax Vs. Mrs. Masuda Khatun, 1982, 11 CLC (AD)
.... T. C. 205. Lawyers Involved: A.K.M. Mozammel Hoque Bhuiyan with Rabia Bhuiyan, Advocate, instructed by M.R. Khan, Advocate-on-Record,—For the Appellant. Rafique-ul-Hoq, Senior Advocate, with T. Islam and Mostafa Adil, Advocate, instructed by B Hossain, Advocate-on Rec......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. ......an Jute Mills, an undertaking which was enjoying tax holiday under section 15-BB of the Act. The assessee claimed that these dividends were exempt from tax in his hand also but the Income Tax Officer rejected the contention and included in his assessment under section 23(3)/34 of the Act th..Category: Fiscal/Taxation Law | Date: | Hits: 75
Ramesh Chandra Dutta Vs. Nimai Kumar Dutta and ors, 1982, 11 CLC (AD)
.... Judgment Nov. 19, 1981. Case Referred to- Randhi Appalaswami vs. Randhi Surjanarayanmurti, 52 C.W.N. (P. C.) 505. Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate B K, Das, Advocate, with him instructed by A. Rab-II, Advocate-on-Record&mdash......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. ..Category: Property Law | Date: | Hits: 65
Nurjahan Begum, wife of Mahmudur Rahman Vs. Mahmudur Rahman Mullick , 1982, 11 CLC (AD)
....re's Indian Appeal 53; Imambandi Begum vs. Kumleshwari Pershad (1886) L.R. 13 LA. 160; Ram Narain vs. 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 ......e person who’s same appears in the deed of transfer, merely lends his name to the transaction, and acquires no interest in the property. 10. The law of benami was reviewed by the Judicial Committee of the Privy Council in the cases of Gopeekrist Gossain Vs. Gunga-pershad Gossain......t) raised objection after long 9 years. I cannot go against these finally published records unless it will be declared by the Court of judicature as "Benamdar". The Revenue Officer by his order dated 30.10.63 accorded sanction to the sub-division of the holding. It does ..Category: Property Law | Date: | Hits: 448
Habibur Rahman Vs. The State, 1982, 11 CLC (AD)
....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. ......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. ......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. ..Category: Criminal Law | Date: | Hits: 46
Bengal Water Ways Ltd. and other Vs. Rahimuddin Ahmed and others, 1982, 11 CLC (AD)
....dje Tobacco Company Limited, 1916 (2) CA, 426; Loch Vs. John Blackwood Ltd, 1924 (A.C) 783; Ebrahimi V. Westbourne Galleries Ltd. 1912 (2) All. E. R 492. Lawyers Involved: K. A. Bakr, Senior Advocate, with Ataur Rahman Khan, Advocate, instructed by B. Hossain, Advocate-on-Record&mda......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. ..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. ......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. ..Category: Labour and Industrial Law | Date: | Hits: 108
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