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Ful Chand Das and others Vs. Mohammad Hammad and others, 1982, 11 CLC (AD)
....fendant No. 1 who failed to do so. Some day later the plaintiffs got notices from the District Registrar, Dacca directing them to come and admit registration of kabala in favour of defendant No. 2, Md. Hammad. Some of the plaintiffs appeared and denied their execution of the kabala. Defendant No......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. ......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. ......t Appellate Division (Civil) Present: FKMA Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Ful Chand Das and others......................Appellants Vs. Mohammad Hammad and others&..Category: Property Law | Date: | Hits: 75
Abdul Alim and others Vs. A. K. Abdul Hoque and others, 1982, 11 CLC (AD)
....; Abdus Salam, Senior Advocate, instructed by B.C. Panday, Advocate-on-Record— For the Appellants. Shafiqur Rahman, Advocate, instructed by Md. Aftab Hossain, Advocate-on- Record— For the Respondents. Civil Appeal No. 76 of 1......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. ......sp; Abdus Salam, Senior Advocate, instructed by B.C. Panday, Advocate-on-Record— For the Appellants. Shafiqur Rahman, Advocate, instructed by Md. Aftab Hossain, Advocate-on- Record— For the Respondents. ......preme Court Appellate Division (Civil) Present: Kemaluddin Hossain CJ Ruhul Islam J K. M. Subhan J Badrul Haider Chowdhury J Abdul Alim and others……………………………&h..Category: Property Law | Date: | Hits: 54
Govt. of BanglaÂdesh Vs. Md. Arshad Ali, 1982, 11 CLC (AD)
....uddin Ahmed J Govt. of Bangladesh, represented by the Chairman, National Board of Revenue ……………………. Appellants Vs. Md. Arshad Ali…………………………&helli......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 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
M/s. Everett OriÂent Lines Inc. Vs. Commissioner of Income Tax Ctg Zone, Ctg, 1982, 11 CLC (AD)
....wyers Involved: Syed Ishtiaq Ahmed, Advocate. Mohammad Hossain, Advocate instructed by S. M. Huq, Advocate-on-Record—For the Appellant. Mahmudur Rahman, Advocate -instructed by Md. Sajjadul Huq, Advocate-on-Record — For the Respondent. Civil Appeal Nos. 129 of ......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. ...... March, 11, 1982. Lawyers Involved: Syed Ishtiaq Ahmed, Advocate. Mohammad Hossain, Advocate instructed by S. M. Huq, Advocate-on-Record—For the Appellant. Mahmudur Rahman, Advocate -instructed by Md. Sajjadul Huq, Advocate-on-Record — For the Respondent. ...... Advocate-on-Record—For the Appellant. Mahmudur Rahman, Advocate -instructed by Md. Sajjadul Huq, Advocate-on-Record — For the Respondent. Civil Appeal Nos. 129 of 1980 and 130 of 1980. On appeal from the judgment and order dated 23-6-1980 pa..Category: Fiscal/Taxation Law | Date: | Hits: 114
Messrs. Haji Noor Ali Sowdagar & Sons Ltd. Vs. Comm. of Sales, Tax, Ctg Zone, 1982, 11 CLC (AD)
.... April 13, 1982. Lawyers Involved: M, Hassan, Advocate instructed by S.M, Huq, Advocate-on-Record, — For the Appellant, A.M. Mahmudur Rahman, Advocate instructed by Md. Sajjadul Huq, Advocate-on-Record.—For the Respondent. Civil Appeal No, 100 of 19......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. ......;Respondent Judgment April 13, 1982. Lawyers Involved: M, Hassan, Advocate instructed by S.M, Huq, Advocate-on-Record, — For the Appellant, A.M. Mahmudur Rahman, Advocate instructed by Md. Sajjadul Huq, Advocate-on-Record.—For the Respondent. ......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)
....; Dy. Commissioner, Kainrip Vs. Durganath AIR 1961 S.C. 394; MuniÂcipal 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. Raita Commonwealth Law Report Vol 66(1942-43): ...... 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. ......AD) 321. ......¦â€¦â€¦â€¦... 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)
....m Murtaza (1970) 22 DLR S.C. 258. 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—F......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. ......70) 22 DLR S.C. 258. 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 Respond......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)
....ury J Shahabuddin Ahmed J Bangladesh represented by the Secretary, Ministry of Power and Water Resources ……………… Appellants Vs. Md. Misfor Ali and others………………………&he......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. ......llip;…………………………………Respondents Judgment March 18, 1982. Lawyers Involved: Matiur Rahman, Assistant Attorney-General, instructed by M.R. Khan, Advocate-on-Record, —For the App......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
.... clear finding of his so doing.
Case Referred to-
Commissioner of Income-tax v. M/s Ata Hossain Khan Ltd. 28 DLR (AD) 141.
Lawyers Involved:
Habibul Islam Bhuiyan, Advocate instructed by Md. Sajjadul Huq, AdvoÂcate-on Record—For the Appellant (In Civil Appeal No. 34 of 1981).
A M ......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.
......td. 28 DLR (AD) 141.
Lawyers Involved:
Habibul Islam Bhuiyan, Advocate instructed by Md. Sajjadul Huq, AdvoÂcate-on Record—For the Appellant (In Civil Appeal No. 34 of 1981).
A M Mahmudur Rahman, Advocate instructed by Md. Sajjadul Huq, Advocate-on Record.—For the Appellant (In Civil A......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)
....Public Works and Rural Development and another ………………………………………...Appellants. Vs. Md. Matiur Rahman …………………………&h......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. ......s and Rural Development and another ………………………………………...Appellants. Vs. Md. Matiur Rahman ……………………………..Res......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
....r Chowdhury J
Shahabuddin Ahmed J
East Pakistan (now Bangladesh) Agricultural University, Mymensingh and others…………....... ......................... Appellants
Vs.
Md. Abdul Hye Bhuiyan………………………………………………….. Respondents
......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)
.... may get back possession by an application to the Sub divisional MaÂgistrate……….(5 and 6). Lawyers Involved: A. K. M Shafiqur Rahman, Advocate M. Giasuddin Ahmed, Advocate, instructed by Md. Aftab Hossain, Advocate on-Record—For the Appellant. Faruque Ahmed, Advocate-on-Record—Fo......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. ......od not exceeding 7 years on the expiry of which the mortgagor may get back possession by an application to the Sub divisional MaÂgistrate……….(5 and 6). Lawyers Involved: A. K. M Shafiqur Rahman, Advocate M. Giasuddin Ahmed, Advocate, instructed by Md. Aftab Hossain, Advocate on-Recordâ€................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)
.... simultaneously Special Martial Law Court No. VIII was constituted to those cases. The Court was constituted with Col. M. Mashaned Chowdhury as ChairÂman and Lt. Col. Saberul Islam Chowdhury and Mr. Md. Alam Haque, MagisÂtrate, 1st Class, as members thereof." 4. On such averments is wag conte......w Court and the order of Government on review are set aside, The orders of convicÂtion passed on the appellant ate hereby quashed. Ed. This Case is also Reported in: 34 DLR (AD) (1982) 222. ......peals are allowed. Cases Referred to- (1978) 30 DLR(AD)207; (1980) 32 DLR (AD) 216; Kh Ehteshamuddin Vs. Bangladesh (1981) 33 DLR (AD) 154; Queen Vs. Huggins 1895, I QBD 563; State Vs. Zia-Ur-Rahman PLD 1973 (SC) 49; Federation of Pakistan Vs. Saeed Ahmed PLD (SC) 151; Jamil Huq Vs. Banglade......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)
....nt 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, Advocate-on-Record—For the Appellant. Mi......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.......estion of pre-maturity was raised 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,......) 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. ......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. ...... March 31, 1982 Cases Referred To- Akhtarun Nesa vs. Habibullah (1979) 31 DLR (AD) 88; Ahmed Hossain vs. Basharat Ali (1980) 32 DLR (AD) 54. Lawyers Involved: Rafiqur Rahman, Sr. Advocate, instructed by Zinnur Ahmed, Advocate on-Record—For the Appellants. ......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. ......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. ......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
Bangladesh & others Vs. A. K. M. Zahangir Hossain, 1981, 10 CLC (AD)
.... in sub-article (5) of Article 102. Article 45 has no relevancy in the consideraÂtion of the question raised before us. 63. The judgment of this Division in the case of Bangladesh and others vs. Md. Abdur Rob, Civil Appeal No. 96 of 1978 lends support to "the view that there is no specific legi...... member of the said 'disciplined force' if he has been illegally dismissed, removed, discharged, reduced in rank or comÂpulsorily retired. Ed. This Case is also Reported in: 34 DLR (AD) 173. ......………. AppeÂllant Vs. Government of Bangladesh & others………………………………………………. Respondents (In Civil Appeal No. 39 of 1979). And S.M. Khalilur Rahman …....Appellant Vs. Government of Bangladesh & others…………………….........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 ComÂpany Ltd. Vs. Golap Rahman & another, 1982, 11 CLC (AD)
....llant Vs. Golap Rahman & another….......................... Respondent Judgment June 15, 1981. Cases Referred To- National Bank of Pakistan vs Md. Golam Mostofa, (1975) 27 DLR 158; Aminul Islam vs. James Finlay, (1974) 26 DLR (SC) 33; Project......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. ......unim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J General Manager Jamuna Oil Company Ltd........................Appellant Vs. Golap Rahman & another….......................... Respondent Judgment June 15, ...... 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
Bangladesh Vs. Winifred Rubi & ors., 1982, 11 CLC (AD)
.... 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 R. Pal, Senior ...... 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. ...... Lawyers 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. ......il) Present: Kemaluddin Hossain CJ Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Bangladesh, represented by the Deputy Commissioner, Dacca and another............Appellant Vs Winifred Rubi & ors………..Category: Property Law | Date: | Hits: 65
Md. Habibur Rahman & ors. Vs. Hasen Ali Mondal and others, 1982, 11 CLC (AD)
....Appellate Division (Civil) Present: Kemaluddin Hossain CJ F. K. M. A. Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Md. Habibur Rahman & ors……………………&hellip......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. ......ivision (Civil) Present: Kemaluddin Hossain CJ F. K. M. A. Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Md. Habibur Rahman & ors………………………. Appellant......r Chowdhury J Shahabuddin Ahmed J Md. Habibur Rahman & ors………………………. Appellants Vs. Hasen Ali Mondal and others…………………... Respondents Judgment ..Category: Employment/Service Law | Date: | Hits: 100
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