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Commissioner of Taxes & another Vs. M/s. Mullick BroÂthers, 1981, 10 CLC (AD)
....rom want of legal authority. In the result, therefore, this review appliÂcation is allowed and the appeal is dismissed without any order as to costs. Ed. This Case is also Referred in: ......on and it was argued that the assessment was completed before the Liberation of BaÂngladesh and it became a debt to the GovernÂment then functioning in Bangladesh and in view of section 1(b) of the General ClaÂuses Act as amended by President's Order No.147 of 1972, it became a Government debt an......rom want of legal authority. In the result, therefore, this review appliÂcation is allowed and the appeal is dismissed without any order as to costs. Ed. This Case is also Referred in: ......ereafter, by special leave the appeal was filed and this Court by its judgment allowed the appeal holding that the arrear tax assessed against the firm not being a Government debt before emergence of Bangladesh is not recoverable by any process of law. This Division observed: "The learned Judges..Category: Fiscal/Taxation Law | Date: | Hits: 98
Dr. Nurul Islam Vs. Bangladesh, 1980, 9 CLC (AD)
....osts. The decision of the High Court Division is set aside and the impugned order declared to be of no lawful authority. Ed. This Case is also Reported in: 33 DLR (AD) 201, 1981 BLD (AD) 140. ......Involved: Syed Ishtiaq Ahmed, Senior Advocate, Mahmudul Islam, Jamiruddin Ahmed, K.Z. Alam with him, instructed by Md. Sajjadul Hug, Advocate-on-Record.—For the Appellant K.A.Bakr, Attorney-General and A.K. Bhuiyan, Deputy Attorney-General with him, instructed by B. Hossain, Advocate-on-Re......osts. The decision of the High Court Division is set aside and the impugned order declared to be of no lawful authority. Ed. This Case is also Reported in: 33 DLR (AD) 201, 1981 BLD (AD) 140. ...... Present: Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Dr. Nurul Islam………………………..Appellant Vs. Bangladesh, represenÂted by the Secretary, Ministry of Health and Population Control and others…â..Category: Employment/Service Law | Date: | Hits: 180
Musharraf Hossain Chy Vs. GM, Titas Gas Transmission & Dist. Co. Ltd. & ors., 1981, 10 CLC (AD)
....view of the above observations, the appeal is dismissed, the Judgment and order of the High Court Division is upheld. There will be no order as to costs. Ed. This Case is also Reported in: ...... Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Musharraf Hossain Chowdhury................................. Appellants (In C.A. No. 169 of 1979) vs. General Manager, Titas Gas Transmission & Distribution Co. Ltd. & ors...........Respondent And ......view of the above observations, the appeal is dismissed, the Judgment and order of the High Court Division is upheld. There will be no order as to costs. Ed. This Case is also Reported in: ...... Appeal No. 167 of 1979 arises from the judgment and order of a Bench of the High Court Division passed in Writ Petition No. 471 of 1979 on July 9, 1979. 2. The appellant who was an officer of the Bangladesh Minerals, Oil and Gas Corporation (hereinafter called the Corporation) was posted in the ..Category: Employment/Service Law | Date: | Hits: 104
Bangladesh Steamer Agents Association Vs. Bangladesh & others, 1981, 10 CLC (AD)
.... any lawful authority. Ed. ...... Hamidul Huq Chowdhury, with Asrarul Hussain, Senior Advocates, Md. Khalilur Rahman, Advocate, instructed by M. R. Khan, Advocate-on-Record.—For the Appellant. K.A, Bakr, Attorney-General, with A.W. Bhuiyan, Assistant Attorney-General, instructed by S. S. Huda, Advocate-on-Recor...... any lawful authority. Ed. ......nbsp; ..Category: Others | Date: | Hits: 110
Goutam Ranjan Sen and other Vs. Bangladesh and others, 1981, 10 CLC (AD)
....rt, in that, the decision of the High Court is confirmed subject to this modification that the suit shall remain stayed so long the suit property. There will be no order as to costs. Ed. ......(1981) 33 D.L.R (AD) 30. Lawyers Involved: B.N. Chowdhury, Advocate, instructed by A- Rib-II, Advocate on Record—For the Appellants. Md. Moksudor Rahman, Deputy Attorney-General, instructed by A W. Mian, Advocate-on- Record.—For the Respondents 1 & 9. ......rt, in that, the decision of the High Court is confirmed subject to this modification that the suit shall remain stayed so long the suit property. There will be no order as to costs. Ed. ......p; Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Goutam Ranjan Sen and other............... Appellant Vs. Bangladesh and others………………………&hellip..Category: Property Law | Date: | Hits: 39
Khandaker Ehtehshamuddin Ahmed @ Iqbal Vs. Bangladesh and others, 1980, 9 CLC (AD)
....at the order passed by this Division staying execution of the sentence to continue for further ten days from the date of this order. Ed. This Case is also Reported in: 33 DLR (AD) (1981) 154. ......LD 1977 (SC) 657. Lawyers Involved: MH Khondker, Senior Advocate (Kh. Mahbub Hossain, Advocate with him) instructed by Aminul Huq, Advocate-on-Record—For the Appellant. KA Bakr, Attorney-General (AW Bhuiyan, Assistant Attorney General with him) instructed by B. Hossaion, Advocate-on-Rec......Âprudence, (2) Dr. Arunenda Biswas, Lecturer of Forensic Medicine, (3) Dr. Mohammed Jahangir, Lecturer of Anatomy, all of Sir Salimullah Medical College and (4) Dr. Sirajul Islam, Assistant Surgeon, Police Hospital, Rajarbag, Dacca. They found two injuries on the dead body that is (1) one cut injur......riminal) Present: Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Khandaker Ehtehshamuddin Ahmed @ Iqbal………………….Appellant Vs. Bangladesh and others………………………………………….Respondents Judgment M..Category: Constitutional Law | Date: | Hits: 292
Bangladesh and others Vs. Md. Abdur Rab, 1979, 8 CLC (AD)
....- This appeal arises from the judgment of a Bench of the High Court Division passed in Writ Petition No. 507 of 1976 on December 6, 1977. The respondent who joined the police service in 1962 as a Sub-Inspector of Police was promoted as an Inspector of Police in 1972. When he was Inspector of Police,......he Screening Board dealing with the respondent who belongs to the disciplined force as defined in the Constitution………….(15,16) Lawyers Involved: B. B. Roy Chowdhury, Assistant Attorney General, instructed by M. R. Khan, Advocate-on- Record—For the Appellants. S. K. Pal, Senior A...... arises from the judgment of a Bench of the High Court Division passed in Writ Petition No. 507 of 1976 on December 6, 1977. The respondent who joined the police service in 1962 as a Sub-Inspector of Police was promoted as an Inspector of Police in 1972. When he was Inspector of Police, he was poste...... This Case is also Reported in: 33 DLR (AD) (19781) 143. ..Category: Employment/Service Law | Date: | Hits: 102
S.Z.M. Nurul Huq Vs. State, 1981, 10 CLC (AD)
....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. ......r the Appellant. (In Cr. A. 22/1979) Shamsul Huq Chowdhury, Advocate instructed by Aftab Hossain, Advocate-on-Record.—For the Appellant. (In Cr. A. 23/1979) K.A. Bakr, Attorney-General, A.W. Bhuiyan, Assistant Attorney-General, instructed by B. Hossain, Advocate-on-Record--Fo......included in the requisition and acquisition list and his pucca house would be demolished. The complainant was forced to pay him Taka 4,900/- on 13.9.77 and Taka 3,100/ on 25, 10.77. When the Police party, as arranged previously, raided the office room of the appellant and recovered th......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. ..Category: Criminal Law | Date: | Hits: 62
Nurunnessa and ors Vs. Babr Ali Bepari and others, 1981, 10 CLC (AD)
....edule lands of the plaint. The parties will have opportunity to prove the poÂwer of attorney in the manner indicated above and in accordance with law, we, however, make no order as to costs. Ed. ...... Involved: M.G. Rabbani, Advocate, instructed by B.C.Panday, Advocate-on-Record.—For the ApÂpellants. S.M. Huq, 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, 1......edule lands of the plaint. The parties will have opportunity to prove the poÂwer of attorney in the manner indicated above and in accordance with law, we, however, make no order as to costs. Ed. ......f attorney executed in India and authenticated by a Magistrate in India and not authenticated by any authorÂised officer of Diplomatic Mission of the then Pakistan in Calcutta is a valid document in Bangladesh which could be acted upon. Facts in short are, that the plaintiff Haji Abdul Karim migrat..Category: Others | Date: | Hits: 128
Abdus Samad & ors Vs. Md. Sohrab Ali and others, 1981, 10 CLC (AD)
....ge cannot be sustained, therefore, the appeal is allowed with costs and the Judgment of the High Court set aside. Judgment and order of the lower Appellate Court are restored. Ed. ......ge cannot be sustained, therefore, the appeal is allowed with costs and the Judgment of the High Court set aside. Judgment and order of the lower Appellate Court are restored. Ed. ......ge cannot be sustained, therefore, the appeal is allowed with costs and the Judgment of the High Court set aside. Judgment and order of the lower Appellate Court are restored. Ed. ......some of the co-sharers by inheritance. On a revisional application filed by the pre-emptor-respondent under Section 115 of the Code of Civil Procedure the learned Single Judge of the High Court of Bangladesh set aside the judgment of the lower Appellate Court holding that the preemption cas..Category: Property Law | Date: | Hits: 73
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. ......dgment July 21, 1980. Lawyers Involved: Khandker Mahbubuddin Ahmed, Advocate instructed by Md. Shafiqur Rahman, Advocate-on- Record—For the Appellant. Abdus Sobhan, Additional Attorney General, with Matiur Rahman, Assistant Attorney General, instructed by M.R. Khan, Advocate-on-Record......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. ......ellate Division (Civil) Present: Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Khadomul Islam Chowdhury…………………….Appellant Vs. Bangladesh and others ……………………………..Respondents Judgment July 21, 1980. ..Category: Constitutional Law | Date: | Hits: 160
Shamuj Ali and other Vs. Kamalarma Bibi and others, 1980, 9 CLC (AD)
....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: ......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: ......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: ......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)
....ent of the High Court Division is maintained. Consequently, this appeal stands dismissed without any order as to costs. Ed. This Case is also Reported in: 3 BLD (AD) 1983, 68. ......he amendatory statute is wholly void, the statute sought to be amended is not affected but remains in force. The paragraph reads as under: "24. Effect of Invalid Amendments, Generally.— Of course, if the amendatory statute is wholly void, the statute sought to ......onth of February but waited for the return of the other plaintiffs. If their signatures and thumb impressions had been procured by fraud and deception, they would not have hesitated to rush to the Police or Magistrate for immediate action under Criminal law. 59. Mr. K. A. Bakr, le......sion in the Chittaranjan Sutar's case even if it stood after the disposal of the appeal before the Pakistan Supreme Court is not binding upon this Appellate Division of Bangladesh Supreme Court and this Division may examine the question. There is no dispute that this ..Category: Property Law | Date: | Hits: 75
Abdul Alim and others Vs. A. K. Abdul Hoque and others, 1982, 11 CLC (AD)
....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. ......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 BanglaÂdesh 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. ......ip;……………………......... Respondent Judgment February 25, 1982. Lawyers Involved: A Wadud Bhuiyan, Deputy Attorney General, B. Hossain, Assistant Attorney General, instructed by Abdul Wadud Mian, Advocate-on-R......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. ......ight which can be enforced by a writ petition. 2. Respondent Mohammad Arshad Ali caused detection 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-Divisio..Category: Criminal Law | Date: | Hits: 171
M/s. Everett OriÂent 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. ......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. ......bsp; Badrul Haider Chowdhury J.—These are two certificated appeals under section 66 (a) (2) of the Income Tax Act. The assessee-appellant is a Company incorporated outside Bangladesh but carries on business in Bangladesh through local Agents. It is Shipping Company and i..Category: Fiscal/Taxation Law | Date: | Hits: 114
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. ......pellant (In Civil Appeal No. 73 of 1981) Shaukat Ali Khan, Advocate instructed by A. B. Majumder, Advocate-on-Record—For the ResponÂdent(In Civil Appeal No. 74 of 1981). KA, Bakr, Attorney-General, with A.W. Bhuiyan, Deputy Attorney General, instructed by B, Hossain, Advocate-on-Record.â€...... 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. ......ent: Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Mofizur Rahman Khan…………………...Appellant Vs. Govt. of Bangladesh…………………... Respondent (In Civil Appeal No. 73 of 198) And Govt. of Ba..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. ...... Lawyers Involved: Shaukat Ali Khan, Advocate, instructed by A. Basel Majumder, Advocate on Record—For the Appellants. Md. Moksudur Rahman, Deputy Attorney General, instructed by B. Hossain, Advocate on Record—For the Respondents. Crimi......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. ...... 1979. 2. Facts necessary for disposal of the appeal are that the appellants filed the above noted writ petition before the High Court Division under Article 102 of the Constitution of Bangladesh calling in question the legality of the order of conviction passed by the Appellate Tri..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. ......p;…………………………Respondents Judgment March 18, 1982. Lawyers Involved: Matiur Rahman, Assistant Attorney-General, instructed by M.R. Khan, Advocate-on-Record, —For the Appellants. Moinul Hos......entered into the office of the Deputy Director of Accounts and manhandled M. Abdullah, Deputy Director of Accounts on 9 9.74. On the same day Mr, Abdullah lodged an ejahar with, the Ramna Police Station against the respondents alleging criminal offence under various sections of cri......Appellate Division (Civil) Present: Kemaluddin 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 ……&hel..Category: Employment/Service Law | Date: | Hits: 92
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. ......pondent Judgment March 4, 1982. Case Referred To- M.A. Hai vs. Trading Corporation (1980) 32 DLR (AD) 46. Lawyers Involved: A.W Bhuiyan, Deputy Attorney-General, instructed by B. Hossain, Advocate-on-Record—For the Appellants. Syed Ishtia......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. ...... Appellate Division (Civil) Present: Kemaluddin 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 an..Category: Employment/Service Law | Date: | Hits: 87
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