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Jamal Soap Factory, Narayanganj Vs. Commissioner of Income Tax, Dacca Zone, Dacca, 1980, 9 CLC (AD)
.... case where admittedly assessment-of income of a period exceeding twelve months was made treating the income of 1365 B.S. as previous year and thereby purporting the legalising the assessment for the time barred income, which the Income-Tax Officer was not competent to do. 7. Mr. C.R. Ali, the l......ates to the income for the period 1365 B.S. suffers from want of jurisdiction. In the result, the appeal is allowed and the question is answered in the negative. We make no order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 78
People's Republic of Bangladesh Vs. Sri Sri Madan Gopal Jew Bigraha and ors., 1981, 10 CLC (AD)
....the non-preparation of the compensation assessment roll. The enactment made in President's Order No. 90 of 1972 clearly states that notwithstanding anything contained in any other law for the time being in force, on the commencement of this Order, all suits, appeals applications and other l...... of the first appellate Court is empowered to question validity of Hate Court and restore that of the trial Court recording abatement of the suit, There will be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 44
Siddique Ahmed Chowdhury & others Vs. Gani Ahmed and others, 1979, 8 CLC (AD)
....he onus of showing that the lady really understood and intended to execute the deed of gift but it is not necessary to prove independent advice. It was further observed, that, "it is true that at one time it was thought that there was necessity for independent advice, but fortunately there are two......is is a question of fact and hardly arises in this appeal by special leave. For the foregoing reason, we dismiss the appeal with costs. Ed. This Case is also Reported in: 33 DLR (AD) 1. ..Category: Property Law | Date: | Hits: 53
Bangladesh Vs. Hail Abdul Gani Biswas and others, 1980, 9 CLC (AD)
....(4) by President's Order No. 24 of 1973. After all these amendments section 95 and 95A as stand today are as follows:— "95. (1) Notwithstanding anything contained in any other law for the time being in force, a raiyat shall not enter into any form of usufructuary mortgage other that ......ion of the High Court Division set aside and remitted back to the High Court Division for disposal. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 233 ..Category: Property Law | Date: | Hits: 85
M/s. Hossain Ahmed Vs. M/s. H. D Hossain & Brothers, 1980, 9 CLC (AD)
.... suits prayer for declaration was made that the acceptance of the tender of the appellant was illegal and without jurisdiction. The present appeal arises out of the Suit No. 179 of 1979. In the meantime this Court in dismissing Civil Petition for Special Leave to Appeal No. 273 of 1979 arising out...... allowed with cost and the order of the High Court Division in staying the operation of the order of the District Judge is set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 223 ..Category: Others | Date: | Hits: 94
Nasiruddin Vs. Government of the People's Republic of Bangladesh & ors, 1980, 9 CLC (AD)
....rty is without jurisdiction or coram non judice or malafide………(11) Withdrawal of Martial Law or revocation of the Proclamation shall not relive any right or privilege not in existence at the time of such withdrawal or revocation. Lawyers Involved: T. H. Khan, Senior Advocate, instructe......t Division and remit the case back to it for decision in the light of the observation made above. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 216 ..Category: Constitutional Law | Date: | Hits: 157
Bangladesh and ors Vs. Somboon Asavaham, 1980, 9 CLC (AD)
....n the economic zone, they were not triable or cognizable under the penal provision of the Customs Act, 1969, and whereas no rules have been framed under section 9(e) of the Territorial Waters and Maritime Zone Act, 1974, no action could be taken against the offending trawlers under this Act either. ......e foregoing reasons, the appeals are allowed with costs. The order of the High Court Division is set aside and the writs are re-called. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 194 ..Category: Admiralty Law or Maritime Law | Date: | Hits: 246
Afzal Khan Vs. Election Tribunal and Munsif. 3rd Court, Comilla and other , 1980, 9 CLC (AD)
....s of the appellant were illegally invalidated and good number of votes were counted- in favour of Respondent 2." Abdul Jalil in the writ petition denied the material objections and stated that at the time of counting of all votes, no objection was taken by anybody regarding the counting of votes. ...... purpose of doing complete justice in the matter. In the result, therefore, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 186 ..Category: Election Law | Date: | Hits: 136
Gopinath Ghose Vs. State, 1980, 9 CLC (AD)
....nce from that of which he was convicted, may be afterwards tried for such last mentioned offence, if the consequences had not happened, or were not known to the Court to have happened, at the time when he was convicted. (4) A person acquitted or convicted of any offence constituted by......of the Constitution. In the result the appeal is allowed, the impugned proceeding is quashed and the gold is escheated to the State. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 177 ..Category: Criminal Law | Date: | Hits: 42
Abdus Sattar & others Vs. Suresh Chandra Das & others, 1978, 7 CLC (AD)
....he principle section which is section 105, and which defines what a lease is, section 105 says that a lease of immovable property is a transfer of a right to enjoy such property, made for a certain time, express or implied, or in perpetuity, in consideration of a price paid or promised, or of ...... we set aside the decision of the High Court Division and restore that of the trial Court. The appeal is allowed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 170. ..Category: Tenancy Law | Date: | Hits: 67
Director of Taxation & Excise, Govt of East Pak. (now BD) Vs. Mehdi Ali Khan Panni, 1980, 9 CLC (AD)
.... favour of the subject. But this view though not abandoned in case of unresolved ambiguity, does no longer find favour with the judicial authorities. This view of strict construction prevailed at a time when the doctrine of laissez faire was the ruling principle of economy of a State, but almost......y order as to costs. ORDER OF THE COURT According to the majority view the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 138 ..Category: Trust/Waqf Law | Date: | Hits: 239
Haleman Bewa and others Vs. Gahar Ali Mondol & ors, 1980, 9 CLC (AD)
....iffs in such a suit has to pray for declaration of his title to the land and its recovery from wrongful dispossession therefrom and must show that the suit was filed within the prescribed period of time. The plaintiffs in the instant case filed a money suit where his title was incidentally found b......herefore, the appeal is allowed with costs, the decision of the High Court is set aside and that of the Court of appeal below restored. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 136 ..Category: Property Law | Date: | Hits: 56
State, People's Republic of Bangladesh and others Vs. Haji Joynal Abedin, 1980, 9 CLC (AD)
....nsuspended Constitutional provisions were kept in force and allowed to continue subject to the Proclamation and Martial Law Regulations or Orders or other Orders and the Constitution was amended from time to time by issuing Proclamations……………………(18) Martial Law Courts being c......the decision of the majority the appeal is allowed. The judgment and order of the High Court Division dated May 4, 1978 are set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 110. ..Category: Criminal Law | Date: | Hits: 294
M.V. Aghia Thalassini and others Vs. Abu Bakr Siddique and others, 1980, 9 CLC (AD)
....tion under section 34 of the Arbitration Act was rejected. 8. In the Bill of Lading the code name of which is 'Cogenbill' is approved by the Documentary Council of the Baltic and International Maritime Conference. It contains a clause 'all terms, conditions liberties' and exceptions of the char......uch discretion cannot be exercised. There is the end of the matter. In the result, therefore, this appeal is dismissed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 107 ..Category: Business or Commercial Law | Date: | Hits: 89
Dr. Mozammel Huq Chowdhury Vs. Chief Martial Law Administrator and others, 1980, 9 CLC (AD)
...."non-cognisable case" respectively. A cognisable case means "a case in, which a Police Officer, within or without presidency towns may, in accordance with the second schedule or under any law for the time being in force arrest without warrant". Similarly, a non-cognisable case means "a case in which......to show that the order of transfer has been made with mala fide intention. For the reasons stated above, the Petition is dismissed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 100. ..Category: Criminal Law | Date: | Hits: 58
Bangladesh Vs. Abdur Rashid and others, 1980, 9 CLC (AD)
....warded a fair and reasonable amount of compensation having regard to the quality of the land, the situation and all other advantages and disadvantages thereof, according to law prevailing at the time of final acquisition. The Land Acquisition Court by an order dated July 5, 1968 determined th......any order as costs. The orders of the High Court and the Additional District Judge, 3rd Court Dacca, as awarding interest are set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 92 ..Category: Others | Date: | Hits: 86
A. Z. Rafique Ahmed Vs. BD Council of Scientific and Industrial Research & ors, 1980, 9 CLC (AD)
....eived notice dated May 4, 1977 by which he was charged sheeted on the ground of misbehavior as his explanation was found unsatisfactory. The appellant submitted his explanation to the charge within time. No action was taken till August 22, 1977 when the appellant was served with the impugned o......ion is set aside and it is declared that the order of dismissal of the appellant is without any lawful authority and of no legal effect. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 83 ..Category: Employment/Service Law | Date: | Hits: 130
Md. Mahboob Murshed Vs. Bangladesh and others, 1980, 9 CLC (AD)
....de and impugned Office Order dated July 29, 1976 is declared as illegal and without any lawful authority. We make no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 77 ......by the Railway Board had been set aside and that the Government decided that re-employment of the appellant in the Bangladesh Railway be treated as fresh appointment on ad hoc basis in the senior scale against work-charged post. The Railway Board was also directed to recover any leave salary pai..Category: Employment/Service Law | Date: | Hits: 77
Abdul Mannan Vs. Bangladesh and another, 1980, 9 CLC (AD)
.... compulsorily retiring the appellant, Chief Accounts Officer of the Tariff Commissioner, on ground of misconduct. 2. The facts leading to the impugned order are that the petitioner at the relevant time was employed as the Chief Cost-Accounts Officer in the Tariff Commission. On certain allegation......in the judgment of the High Court Division warranting interference. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 75 ..Category: Employment/Service Law | Date: | Hits: 72
Azizul Molla Vs. Taher Ali Sarder and others, 1980, 9 CLC (AD)
....(SC) 365; P.L.D. 1963 S.C. 623 (625) that in the absence of Rules provision of the sub-section can be worked. The observation is reproduced below:— "We should not be understood at the same time as laying down that the framing of rules is essential for the disposal of any business. The ...... without any lawful authority and the order passed by the Prescribed Authority in consequence of the resolution is of no legal effect. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 65 ..Category: Employment/Service Law | Date: | Hits: 108
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