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Govt. of Bangladesh Vs. Md. Arshad Ali, 1982, 11 CLC (AD)

....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. ......d J Govt. of Bangladesh, represented by the Chairman, National Board of Revenue ……………………. Appellants Vs. Md. Arshad Ali……………………………….......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. ......e Appellants. Rafiq-ul-Huq, Senior Advocate instructed by Serajuddin Ahmed, Advocate-on-Record,—For the Respondent. Civil Appeal No. 118 of 1981. From the judgment and order dated April 30, 1981 passed by the High Court Division in Writ Petition No. 760 of 1980...

Category: Criminal Law | Date: | Hits: 171

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. ...... Appellate Division (Civil) Present: F.K.M.A. Munim CJ Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Messrs. Haji Noor Ali Sowdagar & Sons Ltd., Chaktai, Chittagong………………&h......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. ......r the Appellant, A.M. Mahmudur Rahman, Advocate instructed by Md. Sajjadul Huq, Advocate-on-Record.—For the Respondent. Civil Appeal No, 100 of 1981. From the judgment and order dated 24-6-1980 passed by the High Court Division in Application No. 157 of 1972. ..

Category: Fiscal/Taxation Law | Date: | Hits: 95

Mofizur Rahman Khan Vs. Government of Bangladesh, 1982, 11 CLC (AD)

.... disposed of in these terms, without any cost. In the result, Civil Appeal Nos. 73 and 124 of 1981 are dismissed. No order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) 321. ...... S.C. 694; Piere Dusadh V. King Emperor (F.C.) 1; Dy. Commissioner, Kainrip Vs. Durganath AIR 1961 S.C. 394; Municipal Corp. City of Abmadabad Vs. New S.S. & Wag Ld. AIR 1970 (SC) 1292; Farzand Ali V West Pakistan (1970) 22 DLR (SC) 208; Sai Md. vs. W st Pakistan PLR (1958)(SC) 181; Millner V....... disposed of in these terms, without any cost. In the result, Civil Appeal Nos. 73 and 124 of 1981 are dismissed. No order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) 321. ......�………... Appellant Vs. Burhanuddin Ahmed………………………….. Respondent (In Civil Appeal No. 124 of 1981) Judgment March 10, 1982. Result: Civil Appeal Nos. 73 and 124 of 1981 are dismissed. Cases Referred To- Dr. Nurul Islam Vs. Govt. of Bangladesh (1..

Category: Constitutional Law | Date: | Hits: 188

Abdul Halim Mollah @ Monohar Mollah & anr Vs. Member, App Tribunal Dacca & ors., 1982, 11 CLC (AD)

....nion is that such appeal cannot be entertained. I would, therefore, allow the appeal. Order of the Court By the majority judgment the appeal is dismissed. Ed. ......i Ram Singh V. Emperor, AIR 1939 P.C. 43; S. Kuppuswami Rao V. King AIR 1949; F.C.I. Golzar Hasan Shah V. Gholam Murtaza (1970) 22 DLR S.C. 258. Lawyers Involved: Shaukat Ali Khan, Advocate, instructed by A. Basel Majumder, Advocate on Record—For the Appellants. ......nion is that such appeal cannot be entertained. I would, therefore, allow the appeal. Order of the Court By the majority judgment the appeal is dismissed. Ed. ......resent: Kemaluddin Hossain CJ F. K. M. A. Munim J Ruhul Islam J Badrul Haider Chowdhury J Abdul Halim Mollah alias Monohar Mollah and another……………………Appellant &nbs..

Category: Criminal Law | Date: | Hits: 40

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. ...... Shahabuddin Ahmed J Bangladesh represented by the Secretary, Ministry of Power and Water Resources ……………… Appellants Vs. Md. Misfor Ali and others…………………………&helli......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. ......emaluddin Hossain CJ F. K, M. A Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Bangladesh represented by the Secretary, Ministry of Power and Water Resources ……………… Appellants Vs. M..

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

Commissioner of Income Tax A- Range, Chittagong Vs. Harendra Kumar Sil and others, 1982, 11 CLC (AD)

....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. ...... (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 Respondent (In Civil Appeal No. 34 of 1981). C.R. Ali, Advocate instructed by Abu Backkar, Advocate-on Record—For the Respondent (In Civil Appeal ......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. ......ns 13, 66(1) In case of assessee does not maintain accounts in accordance with method of accounting regularly, the assessing officer has been given the power to reject the accounts of the assessee and take recourse to the proviso to section 13. In such a case, the assessing officer is competent t..

Category: Fiscal/Taxation Law | Date: | Hits: 100

Bangladesh Vs. Md. Matiur Rahman, 1982, 11 CLC (AD)

....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. ......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. ......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. ......n Hossain CJ Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Bangladesh represented by the Secretary, Ministry of Public Works and Rural Development and another ……………………&h..

Category: Employment/Service Law | Date: | Hits: 87

Rajan Miah Vs. Abdur Rashid and another, 1982, 11 CLC (AD)

.... of the trial court judgment by the appellate Court below was justified and the plaintiff is not entitled to any relief. In the result, therefore, this appeal is dismissed with cost. Ed. ......spondents Judgment March 25, 1982. Lawyers Involved: B. Hossain, Advocate on Record.—For the Appellants. B. K. Das, Advocate, instructed by Syed Sakhawat Ali, Advocate-on-Record.—For the Respondent No. 1. Civil Appeal No. 75 of 1981. ...... of the trial court judgment by the appellate Court below was justified and the plaintiff is not entitled to any relief. In the result, therefore, this appeal is dismissed with cost. Ed. ......: Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Rajan Miah, being dead his heirs Shamsun Nahar Khanam and others...............Appellants Vs Abdur Rashid and another……&h..

Category: Property Law | Date: | Hits: 47

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. ......Present: Kemaluddin Hossain CJ Fazle Munim J Badrul Haider Chowdhury J Commissioner of Income Tax...........................Appellant Vs. Chowdhury Ramzan Ali and another…………......Respondents Judgment Aug 14, 19......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. ......ent: Kemaluddin Hossain CJ Fazle Munim J Badrul Haider Chowdhury J Commissioner of Income Tax...........................Appellant Vs. Chowdhury Ramzan Ali and another…………......Respondents Judgment Aug 14, 1978. ..

Category: Fiscal/Taxation Law | Date: | Hits: 85

Hajee Khabiruddin Ahmed Vs. Md. Salam Kabir, 1982, 11 CLC (AD)

....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. ......��…..... Respondent Judgment April 1, 1982. Lawyers Involved: S R. Pal, Senior Advocate, instructed by Santiranjan Karmaker, Advocate-on-Record.— For the Appellant. Syed Sakhawat Ali, Advocate-on-Record. — For the Respondent. Civil Appeal No. 139 of 1981. From the judgm......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. ...... instructed by Santiranjan Karmaker, Advocate-on-Record.— For the Appellant. Syed Sakhawat Ali, Advocate-on-Record. — For the Respondent. Civil Appeal No. 139 of 1981. From the judgment and Decree dated June 25, 1981 passed by the High Court Division in First Appeal No. 122 of 1976. ..

Category: Tenancy Law | Date: | Hits: 67

Rokeya Khatun Vs. Alijan @ Alijan Bepari and ors., 1982, 11 CLC (AD)

....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. ......m J Ruhul Islam J Badrul Haider Chowdhury J Rokeya Khatun………………………….... Appellant. Vs Alijan @ Alijan Bepari and ors………...Respondents Judgment Novemb......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. ...... J Badrul Haider Chowdhury J Rokeya Khatun………………………….... Appellant. Vs Alijan @ Alijan Bepari and ors………...Respondents Judgment November 10, 1981. Cas..

Category: Property Law | Date: | Hits: 57

East Pakistan (now Bangladesh) Agricultural University, Mymensingh and others Vs. Md. Abdul Hye Bhuiyan, 1981, 10 CLC (AD)

....persona! hearing has, in any way, prejudiced the respondent. For the reasons stated above, the appeal is allowed but without any order as to costs. Ed. This Case is also Reported in: ......persona! hearing has, in any way, prejudiced the respondent. For the reasons stated above, the appeal is allowed but without any order as to costs. Ed. This Case is also Reported in: ......persona! hearing has, in any way, prejudiced the respondent. For the reasons stated above, the appeal is allowed but without any order as to costs. Ed. This Case is also Reported in: ......(Civil) Present: Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J East Pakistan (now Bangladesh) Agricultural University, Mymensingh and others…………....... ......................... Appellants Vs. Md. Abdul Hye B..

Category: Employment/Service Law | Date: | Hits: 109

Abu Bakkar Vs. Nazir Ahmed, 1982, 11 CLC (AD)

....sion are set aside and those of the lower appellate court are restored. The respondent shall pay costs of the appeal to the appellant. Ed. This Case is also Reported in: 34 DLR (AD)(1982) 237. ......sion are set aside and those of the lower appellate court are restored. The respondent shall pay costs of the appeal to the appellant. Ed. This Case is also Reported in: 34 DLR (AD)(1982) 237. ......sion are set aside and those of the lower appellate court are restored. The respondent shall pay costs of the appeal to the appellant. Ed. This Case is also Reported in: 34 DLR (AD)(1982) 237. ................Appellant Vs. Nazir Ahmed................................................. Respondent Judgment February 23, 1982. Result: The appeal is allowed. The State Acquisition and Tenancy Act, 1951 (Act XXVIII of 1951), Section 95. The maximum period of limitation of mortg..

Category: Property Law | Date: | Hits: 58

Khondker Moshtaque Ahmed Vs. Bangladesh, 1982, 11 CLC (AD)

....w Court and the order of Government on review are set aside, The orders of conviction passed on the appellant ate hereby quashed. Ed. This Case is also Reported in: 34 DLR (AD) (1982) 222. ......w Court and the order of Government on review are set aside, The orders of conviction passed on the appellant ate hereby quashed. Ed. This Case is also Reported in: 34 DLR (AD) (1982) 222. ......w Court and the order of Government on review are set aside, The orders of conviction passed on the appellant ate hereby quashed. Ed. This Case is also Reported in: 34 DLR (AD) (1982) 222. ......LD 1973 (SC) 49; Federation of Pakistan 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, instructe..

Category: Criminal Law | Date: | Hits: 287

Lebu Mia Vs. Ganesh Chandra Nath and others, 1982, 11 CLC (AD)

....al below and remit the case back to the said Court of appeal below for its disposal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) 220....... at the appellate stage but by then the document had been registered and so the pre-maturity could be said to have been cured……..(3) Case Referred to- Abdur Rahman @ Abdul Rahman Vs. Maklis Ali, 31 DLR (AD) 118. Lawyers Involved: Md. Hannan, Advocate, instructed by Md. Aftab Hossain,......al below and remit the case back to the said Court of appeal below for its disposal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) 220.......) Present: Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Lebu Mia..................................Appellate Vs. Ganesh Chandra Nath and others...................Respondent Judgment March 17, 1982. Result: The..

Category: Property Law | Date: | Hits: 65

Haji Tajamal Ali being dead his heirs: Kamarunnesa & ors. Vs. Abdus Sattar & ors, 1982, 11 CLC (AD)

....iguity" within the meaning of section 9 of the State Acquisition and Tenancy Act. 8. In the result, the appeal is dismissed without, however, any order as to cost. Ed. ......e Division (Civil) Present: Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Haji Tajamal Ali being dead his heirs: Kamarunnesa and ors…………..Appellants Vs......iguity" within the meaning of section 9 of the State Acquisition and Tenancy Act. 8. In the result, the appeal is dismissed without, however, any order as to cost. Ed. ......ent: Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Haji Tajamal Ali being dead his heirs: Kamarunnesa and ors…………..Appellants Vs. Abdus Sattar and others ........

Category: Property Law | Date: | Hits: 66

Bangladesh Vs. Hon'ble Judge, Prize Court, HCD, Supreme Court Building, Dacca, 1982, 11 CLC (AD)

....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. ......kr, 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 Appeal No. 12 of 1981 (From the Jud......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. ......ent : F.K.M.A. Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Bangladesh represented by the Secretary, Ministry of Law and Parliamentary Affairs, Government of Bangladesh………………..

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. ...... Judgment Feb. 18, 1982. Lawyers Involved: SM. Zillul Huq Advocate, Supreme Court instructed by Md Aftab Hossain, Advocate on Record.—For the Appellant. Shaukat Ali Khan, Advocate, instructed by A. Baset Majumder, Advocate-on-Record—For the Respondent. ......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. ......h;For the Appellant. Shaukat Ali Khan, Advocate, instructed by A. Baset Majumder, Advocate-on-Record—For the Respondent. Civil Appeal No. 111 of 1981 (From the judgment and order dated 7.7.1981 passed by the High Court Division in Civil Revision No. 1034 of 1980). ..

Category: Civil Law | Date: | Hits: 82

Bangladesh & others Vs. A. K. M. Zahangir Hossain, 1981, 10 CLC (AD)

.... 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. ......��…………………….Appellants Vs. A. K. M. Zahangir Hossain………………………………………………... Respondent (In Civil Appeal No. 134 of 1978). And Mokaddes Ali……………………………………………. Appellant Vs. Government of Bangla...... 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. ......iplined force, he is debarred from invoking the writ jurisdiction unless it is coram non judice or mala fide. Cases Referred To- High Commissioner for India vs. I. M. Lall, AIR 1948 PC 121; Khandker Ehteshamuddin Ahmed Vs. State (1981) 33 DLR (AD) 154; Harinagar Sugar Mills Vs. Shyam Sundar,..

Category: Constitutional Law | Date: | Hits: 188

General Manager Jamuna Oil Company Ltd. Vs. Golap Rahman & another, 1982, 11 CLC (AD)

....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. ......ject-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—For the Appellant. Rokanuddin Mahmood Advocate instructed by M......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. ...... Appellant. Rokanuddin Mahmood Advocate instructed by Md. Aftab Hossain, Advocate-on-Record— For the Respondent No. 1. Civil Appeal No. 141 of 1980. (From the judgment and order dated July 18, 1980 passed by the High Court Division in Writ petition No. 672 of 1978). ..

Category: Labour and Industrial Law | Date: | Hits: 97

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