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The Commissioner of Taxes, East Zone, Dhaka Vs. M/s. Mallick Brothers, 1986, 15 CLC (AD)
.... are allowed. Cases Referred to- Commissioner of Income Tax vs. Fazlur RahÂman (1964) 16 DLR (SC) 506; Badridas Daga vs. Commissioner of Income Tax 1949 I.T.R. 202. Lawyers Involved: A. M. Mahmudur Rahman, Senior Advocate, instructed by Md. Sajjadul Huq, Advocate-on- Record—For the A...... are allowed. Cases Referred to- Commissioner of Income Tax vs. Fazlur RahÂman (1964) 16 DLR (SC) 506; Badridas Daga vs. Commissioner of Income Tax 1949 I.T.R. 202. Lawyers Involved: A. M. Mahmudur Rahman, Senior Advocate, instructed by Md. Sajjadul Huq, Advocate-on- Record—For the A......ore, these appeals are allowed and the judgment and order of the High Court Division are set aside. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 66. ....... Cases Referred to- Commissioner of Income Tax vs. Fazlur RahÂman (1964) 16 DLR (SC) 506; Badridas Daga vs. Commissioner of Income Tax 1949 I.T.R. 202. Lawyers Involved: A. M. Mahmudur Rahman, Senior Advocate, instructed by Md. Sajjadul Huq, Advocate-on- Record—For the Appellant. ..Category: Fiscal/Taxation Law | Date: | Hits: 95
M/s Hajee Mohammad Ali & Sons Vs. Burma Eastern Ltd. & others, 1986, 15 CLC (AD)
....legal acts committed by defendant resÂpondent Nos. 1, 2 and 3 and requesting him to hold an enquiry into the matter and restore the petrol pump to the appellant firm. 3. An enquiry was held by Mr.M.A. Kamal, Deputy Magistrate Sadar, North, Chittagong. He reported as follows: "From the side of......legal acts committed by defendant resÂpondent Nos. 1, 2 and 3 and requesting him to hold an enquiry into the matter and restore the petrol pump to the appellant firm. 3. An enquiry was held by Mr.M.A. Kamal, Deputy Magistrate Sadar, North, Chittagong. He reported as follows: "From the side of......dgment of the High Court DiviÂsion is set aside and that of the trial Court is restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 41. ....... 16 and 17 of 1983. Judgment Fazle Munim CJ. - This appeal arises from First Appeal Nos. 16 and 17 of 1983 disposed of by the High Court Division Chittagong Bench (Mr. Justice Mohammad Habibur Rahman & Mr. Justice Syed Mohammad Ali) on 7th and 8th December 1983. 2. Plaintiff-appellant ..Category: Business or Commercial Law | Date: | Hits: 118
Abdus Sattar & others Vs. The State & another, 1985, 14 CLC (AD)
....f U.P. A.I.R. 1974 (SC) 1744; Md. Joynal and others vs Md. Rustam Ali Mia and others, Bangladesh Case Reports 1984 AD 19. Lawyers Involved: Aminul Huq, Advocate-on-Record-For the Appellants. M. Moazzem Hassain, Deputy Attorney General, instructed by Zinnur Ahmed, Advocate-on- Record—For R......f U.P. A.I.R. 1974 (SC) 1744; Md. Joynal and others vs Md. Rustam Ali Mia and others, Bangladesh Case Reports 1984 AD 19. Lawyers Involved: Aminul Huq, Advocate-on-Record-For the Appellants. M. Moazzem Hassain, Deputy Attorney General, instructed by Zinnur Ahmed, Advocate-on- Record—For R......e result, therefore, this appeal is allowed and the convictions of the appellants are set aside and they are acquitted of the offences. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 38. ......e result, therefore, this appeal is allowed and the convictions of the appellants are set aside and they are acquitted of the offences. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 38. ..Category: Criminal Law | Date: | Hits: 53
Md. Jashimuddin Vs. The State, 1985, 14 CLC (AD)
....1935 PC 89; R.G. Jadav vs. State of Bombay, AIR 1960 (SC) 748; Dahu Raut's case, 62 Ind, App. (AIR 1935 P.C. 89). Lawyers Involved: Miah Abdul Gafur Advocate-on-Record— For the Appellant. M. Moazzem Hossain, Deputy Attorney-GeÂneral, instructed by M.R. Khan, Advocate-on- Record—For th......1935 PC 89; R.G. Jadav vs. State of Bombay, AIR 1960 (SC) 748; Dahu Raut's case, 62 Ind, App. (AIR 1935 P.C. 89). Lawyers Involved: Miah Abdul Gafur Advocate-on-Record— For the Appellant. M. Moazzem Hossain, Deputy Attorney-GeÂneral, instructed by M.R. Khan, Advocate-on- Record—For th......wed, judgment of the High Court Division is set aside and the case is remanded back to the High Court Division for rehearing on merit. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 35. ......re with direction that the sentences would run concurrently. 3. The prosecution case was that the petitioner along with co-accused Golam MusÂtafa Kamal Chowdhury abducted the victim Syed Khalilur Rahman from his shop at Sadarghat and wrongfully confined him at 62, Hemendra Das Road. Petitioner J..Category: Criminal Law | Date: | Hits: 62
Farruk Ahmed Vs. Abdul Kader Chowdhury and others, 1985, 14 CLC (AD)
....angladesh vs. Tan Kheng Hock 31 DLR (AD) 69; Abdus Salam Master alias Salam and another vs. The State, 36 DLR (AD) 58; 1950 Cr.L.J. 838 (Punjab). Lawyers Involved: T. H. Khan, Senior Advocate, (M.A. Wahab Miah, Advocate with him), instructed by Sharifuddin Chaklader, Advocate-on-Record—For t......angladesh vs. Tan Kheng Hock 31 DLR (AD) 69; Abdus Salam Master alias Salam and another vs. The State, 36 DLR (AD) 58; 1950 Cr.L.J. 838 (Punjab). Lawyers Involved: T. H. Khan, Senior Advocate, (M.A. Wahab Miah, Advocate with him), instructed by Sharifuddin Chaklader, Advocate-on-Record—For t......ondents who are enlarged on bail will now surrender to their bail bond and fresh prayer for bail may be made before the Sessions Judge. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 18. ......ondents who are enlarged on bail will now surrender to their bail bond and fresh prayer for bail may be made before the Sessions Judge. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 18. ..Category: Criminal Law | Date: | Hits: 105
Mamudul Haque Chowdhury Vs. The District Judge, Chittagong & others, 1985, 14 CLC (AD)
....llowed. The order of the Election Appellate Tribunal as well of the High Court Division is set aside and that of the Tribunal is restored. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 8.......llowed. The order of the Election Appellate Tribunal as well of the High Court Division is set aside and that of the Tribunal is restored. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 8.......llowed. The order of the Election Appellate Tribunal as well of the High Court Division is set aside and that of the Tribunal is restored. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 8....... Judgment Fazle Munim CJ.- This appeal arises from Writ Petition No. 20 of 1985 decided by a Bench of the High Court Division, Dhaka (Mr. Justice Abdul Matin Khan Chowdhury and Mr. Justice Amin-Ur-Rahman Khan on 4th March 1985. 2. Facts of the case are: On 28th December 1983 the election of th..Category: Election Law | Date: | Hits: 152
Commissioner of InÂcome tax and another Vs. Zeenat Textile Mills Ltd., 1975, 4 CLC (AD)
.... made without lawful authority and being of no legal effect. The appeals are dismissed, but with out any order as to costs. Ed. ...... made without lawful authority and being of no legal effect. The appeals are dismissed, but with out any order as to costs. Ed. ......s rightly declared by the High Court of East Pakistan to have been made without lawful authority and being of no legal effect. The appeals are dismissed, but with out any order as to costs. Ed. ......ain and unambiÂguous the Court is bound to give an enactment the meaning which naturally flows from the words used therein. We respectfully agree with the view expressed on this question by Hamoodur Rahman C. J. in Md. Ismail Vs. State, reported in 21 D.L.R. (SC) 161 in the following words:— ..Category: Fiscal/Taxation Law | Date: | Hits: 77
Jabed Ali Sarker Vs. Dr. Sultan Ahmed and another, 1975, 4 CLC (AD)
....bstance in the contention of the learned Counsel. This appeal is accordingly dismissed with cost. ......bstance in the contention of the learned Counsel. This appeal is accordingly dismissed with cost. ......question of fact and since this has been decided by the Courts below, we find no substance in the contention of the learned Counsel. This appeal is accordingly dismissed with cost. ......t No. 2. 8. A great controversy was raised with regard to purchase of non-judicial stamp in Annexure 'B'. It appears that 3656 is the last number of the register of Stamps Vender, Khalilur Rahman for the month of September, 1969 whereas 4656, 4657, 4658, 4659 are the numbers in the non-j..Category: Business or Commercial Law | Date: | Hits: 113
Governor, Bangladesh Bank & others Vs. Shamsul Huda Khan and another, 1975, 4 CLC (AD)
....tion and of no legal effect. The appeals are dismissed, but without any order as to cost. Ed. This Case is also Reported in: ......tion and of no legal effect. The appeals are dismissed, but without any order as to cost. Ed. This Case is also Reported in: ......rightly declared by the High Court Division to be without jurisdiction and of no legal effect. The appeals are dismissed, but without any order as to cost. Ed. This Case is also Reported in: ......eal No. 28 of 1974 does not appear therein. The name of Mozammel Huq Khan who was appointed as Coin/Note Examiner on 3. 8. 49 is shown below those of S. M. Ilius Chowdhury under Sl. No. 178, Mahbubur Rahman Sheikh under Sl. No. 217, A. K. M. Arninur Rahman under Sl. No. 234 and Syed Anwarul Huq unde..Category: Employment/Service Law | Date: | Hits: 87
Badal Rani Misra alias Badal Rani Goswami and others Vs. Bangladesh and others, 1975, 4 CLC (AD)
....yers involved: S. R. Pal, Senior Advocate, with S. C. Das, Advocate, instructed by A. Rab-II, Advocate-on- Record.—For the Appellants. Faqeer Shahabuddin Ahmed, Attorney-General instructed A. M. Khan Chowdhury, Advocate-on- Record—For the Respondents No. 1-3. Shamsul Huq Chowdhury, Advo......yers involved: S. R. Pal, Senior Advocate, with S. C. Das, Advocate, instructed by A. Rab-II, Advocate-on- Record.—For the Appellants. Faqeer Shahabuddin Ahmed, Attorney-General instructed A. M. Khan Chowdhury, Advocate-on- Record—For the Respondents No. 1-3. Shamsul Huq Chowdhury, Advo......d. The case of Gordon, Dadds & co. supports the contention of the learned Attorney-General. There is accordingly no merit in this appeal which is dismissed but without any order as to cost. Ed. ......d. The case of Gordon, Dadds & co. supports the contention of the learned Attorney-General. There is accordingly no merit in this appeal which is dismissed but without any order as to cost. Ed. ..Category: Property Law | Date: | Hits: 48
Osman Gani Mondal Vs. Mainuddin Ahmed and others, 1974, 3 CLC (AD)
....d by the learned Additional Attorney-General thus sucÂceeds. This petition which was lodged on the 14th day of May, 1973 is dismissed. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 61. ......d by the learned Additional Attorney-General thus sucÂceeds. This petition which was lodged on the 14th day of May, 1973 is dismissed. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 61. ......d by the learned Additional Attorney-General thus sucÂceeds. This petition which was lodged on the 14th day of May, 1973 is dismissed. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 61. ......d by the learned Additional Attorney-General thus sucÂceeds. This petition which was lodged on the 14th day of May, 1973 is dismissed. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 61. ..Category: Constitutional Law | Date: | Hits: 148
Saokat Ali and others Vs. Shamsun Bibi and others, 1975, 4 CLC (AD)
.... this petition, which is dismissed. Ed. This Case is also Reported in: 17 DLR (AD) (1975) 59. ...... this petition, which is dismissed. Ed. This Case is also Reported in: 17 DLR (AD) (1975) 59. ......nally. We find no substance in the only contention raised in support of this petition, which is dismissed. Ed. This Case is also Reported in: 17 DLR (AD) (1975) 59. ...... for specific performance of a contract for reconveyance of the suit land which, subject to the said contract entered in a registered deed of agreement, was transferred to the defendant Haji Abdur Rahman by a Kabala dated 29-5-56. The petition is by the heirs of the defendant, who died during th..Category: Property Law | Date: | Hits: 47
Bangladesh Enemy Property ManageÂment Board and ors. Vs. Md. Abdul Majid, 1975, 4 CLC (AD)
.... J Bangladesh Enemy Property ManageÂment Board and ors………….... .Appellants. Vs. Md. Abdul Majid…………..... Respondent Judgment March 27, 1975. Cases Referred to- M. M. Mansur Ali Vs. Aradendu Shekhar Chatterjee. (1959) 21 DLR (SC) 20; Daulatpur Jute Mills Ltd. V...... J Bangladesh Enemy Property ManageÂment Board and ors………….... .Appellants. Vs. Md. Abdul Majid…………..... Respondent Judgment March 27, 1975. Cases Referred to- M. M. Mansur Ali Vs. Aradendu Shekhar Chatterjee. (1959) 21 DLR (SC) 20; Daulatpur Jute Mills Ltd. V......view of what have been stated above, the appeal is allowed and the judgment and order passed by the learned Judges of the High Court Division are set aside. There will be no order as to costs. Ed. ......view of what have been stated above, the appeal is allowed and the judgment and order passed by the learned Judges of the High Court Division are set aside. There will be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 125
Government of Bangladesh Vs. Ahmed Nazir, 1975, 4 CLC (AD)
....Krishna Kurne, 52 Cr.L.J. 1951 page 305; C.P. Matthen Vs. District Magistrate, Trivandram, AIR. 1939 (P.C.) 213. Lawyers involved: Faqeer Shahabuddin Ahmad, Attorney-General, with A.T.M. Afzal, Deputy Attorney-General, Mahmudul Islam, A. Wadud Bhuiyan, Assistant Attorney Genera......Krishna Kurne, 52 Cr.L.J. 1951 page 305; C.P. Matthen Vs. District Magistrate, Trivandram, AIR. 1939 (P.C.) 213. Lawyers involved: Faqeer Shahabuddin Ahmad, Attorney-General, with A.T.M. Afzal, Deputy Attorney-General, Mahmudul Islam, A. Wadud Bhuiyan, Assistant Attorney Genera......e the Proclamation of Emergency issued on the 28th December, 1974 and the Constitution (Fourth Amendment) Act, 1975 dated the 25th January, 1975 effected changes in the said Constitution. Ed. ......e the Proclamation of Emergency issued on the 28th December, 1974 and the Constitution (Fourth Amendment) Act, 1975 dated the 25th January, 1975 effected changes in the said Constitution. Ed. ..Category: Criminal Law | Date: | Hits: 85
Adam Ali Sardar and others Vs. The State and another, 1975, 4 CLC (AD)
.... Ed. This Case is also Reported in: 27 DLR (AD) (1975) 37. ...... Ed. This Case is also Reported in: 27 DLR (AD) (1975) 37. ...... A. B. Mahmud Husain, J.—I agree. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 37. ...... The State and another…………………………. Respondents Judgment August 3, 1973. Lawyers involved: Abdur Rahman Chowdhury, Advocate, instructed by S. M. Huq, Advocate-on-Record—For the Petitio..Category: Criminal Law | Date: | Hits: 49
Abdul Matin Munshi Vs. Idris Pandiat and ors., 1975, 4 CLC (AD)
....re dismissed subject to the modification of the Penal Code to that under section 302/34 and 307/34 of the Penal Code. Ed. ......re dismissed subject to the modification of the Penal Code to that under section 302/34 and 307/34 of the Penal Code. Ed. ......;tion 307/34. The result, therefore, is that both the appeals are dismissed subject to the modification of the Penal Code to that under section 302/34 and 307/34 of the Penal Code. Ed. ......nding that Anu Mia struck on the head of Shamsul Huq with iron rod and Idris Pandit therefore, stabbed him on the back with dagger is not borne out by the medical evidence of P.W. 5 Dr. Mustafizur Rahman who held post mortem examination on the dead body of Shamsul Huq. The Doctor found the follo..Category: Criminal Law | Date: | Hits: 39
Solicitor, Government of Bangladesh Vs. Syed Sanwar Ali and others, 1974, 33 CLC (AD)
....y of the circumstances indicated in the preceding paraÂgraph can be shown to have rendered the proÂceeding relating to him coram non judice. Ed. This Case is also Reported in: 27 DLR (AD) 16. ......y of the circumstances indicated in the preceding paraÂgraph can be shown to have rendered the proÂceeding relating to him coram non judice. Ed. This Case is also Reported in: 27 DLR (AD) 16. ......y of the circumstances indicated in the preceding paraÂgraph can be shown to have rendered the proÂceeding relating to him coram non judice. Ed. This Case is also Reported in: 27 DLR (AD) 16. ......al No. 6 of 1974) Abdul Aziz .......................Respondent (In Criminal Appeal No. 7 of 1974). Badsha Miah.....................Respondent (In Criminal Appeal No. 8 of 1974). Md. Bazlur Rahman Miah & another……....Respondents (In Criminal Appeal No. 9 of 1974). Gopal Chandra ..Category: Criminal Law | Date: | Hits: 104
Mazharul Huq Vs. Returning Officer & Circle Officer, (Dev.) Double Moorings, Ctg, 1975, 4 CLC (AD)
....In the result, the appeal is dismissed withÂout any order as to costs. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 11. ......In the result, the appeal is dismissed withÂout any order as to costs. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 11. ......Writ Jurisdiction under Article 102(2) of the Constitution. In the result, the appeal is dismissed withÂout any order as to costs. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 11. ......special leave, is against an order of a Bench of the High Court Division dismissing an application under article 102 of the Constitution. 2. Respondent No.14, Mr. Md. Abdullah and one Dr. Shafiqur Rahman, were the only contesting candidates for Chairmanship of North Halishahar Union Parishad. But..Category: Election Law | Date: | Hits: 133
Abdur Rashid Vs. The State, 1975, 4 CLC (AD)
....l Code against him. He is acquitted of the said charge and is directed to be set at liberty forthwith. Ed. ......l Code against him. He is acquitted of the said charge and is directed to be set at liberty forthwith. Ed. ......de. The prisoner is found not guilty of the charge under section 302 of the Penal Code against him. He is acquitted of the said charge and is directed to be set at liberty forthwith. Ed. ...... of the erstwhile High Court in Death Reference Case No.6 of 1970. 2. The prosecution, case in brief is that Yasin Sheikh through his first wife has two sets, namely, Abdur rashid and Abdur Rahman and two daughters. After the death of his first wife about 10 years ago. Yasin married Malek..Category: Criminal Law | Date: | Hits: 66
Bangladesh Bank Vs. Debendra Nath Dutta, 1981, 10 CLC (AD)
....view of the above, the appeal is allowed, the decision of the Appellate Beach is set aside and that of the company Judge restored. However, there will be no order as to costs. Ed. ......view of the above, the appeal is allowed, the decision of the Appellate Beach is set aside and that of the company Judge restored. However, there will be no order as to costs. Ed. ......view of the above, the appeal is allowed, the decision of the Appellate Beach is set aside and that of the company Judge restored. However, there will be no order as to costs. Ed. ......view of the above, the appeal is allowed, the decision of the Appellate Beach is set aside and that of the company Judge restored. However, there will be no order as to costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 101
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