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Md. Enayet Ali Vs. Munsif of First Court at Khulna & Election Tribunal and others, 1982, 11 CLC (AD)

....n is dismissed. There will be no order as to cost. Ed. ......n is dismissed. There will be no order as to cost. Ed. ...... Court By the majority decision, the appeal is allowed. The orders of the Courts below are set aside and the election petition is dismissed. There will be no order as to cost. Ed. ......ourt, (M/S Zamiruddin Ahmed, K. Z. Alam and Mahmudul Islam, Advocate, Supreme Court, with him), Instructed by Md. Aftab Hossain, Advocate on Record.—For the Appeal last. Rafiqur Rahman, Senior Advocate, Supreme Court, instructed by Zinnur Ahmed, Advocate on Record.—For t..

Category: Election Law | Date: | Hits: 121

Haripada Biswas Vs. State & another, 1982, 11 CLC (AD)

....Biswas, Magistrate, First Class. Jhalokati, the appellant, that he took signature on four sheets of blank white paper in his chamber purporting to show an amicable settlement of the dispute in M.R. Case No. 40 of 1978 which was pending before his Court. The allegation is that the Magistrate......Biswas, Magistrate, First Class. Jhalokati, the appellant, that he took signature on four sheets of blank white paper in his chamber purporting to show an amicable settlement of the dispute in M.R. Case No. 40 of 1978 which was pending before his Court. The allegation is that the Magistrate...... the decision of the High Court Division Is set aside and the proceedings in Criminal Miscellaneous Case No. 687 of 1978 of the Court of Sessions Judge, Bakerganj are hereby quashed. Ed. ...... Jan. 4, 1982. Lawyers Involved: Dr. Aleem-Al-Razee, Advocate instructed by Aminul Hug, Advocate-on-Record—For the Appellant. K. A. Bakr, Attorney General, Maksudur Rahman, Deputy Attorney General, instructed by A.W. Miah, Advocate-on-Record—For the Responde..

Category: Criminal Law | Date: | Hits: 61

Jamil Huq and 11 others Vs. Bangladesh and others, 1981, 10 CLC (AD)

....tate for War 1949(1) All ER 242; R. vs. O/C Depot Battalion 1949, All ER 373; Burns vs. Wilson, 97 Lawyers Edition, 1508; Kartar Singh vs. Imperator, AIR 1946 Lah. (FB) 1C3. Lawyers Involved: M.H, Khandker, Senior Advocate, with Shafiqur Rahman, Senior Advocate, instructed by Md. Aftab Hossa......tate for War 1949(1) All ER 242; R. vs. O/C Depot Battalion 1949, All ER 373; Burns vs. Wilson, 97 Lawyers Edition, 1508; Kartar Singh vs. Imperator, AIR 1946 Lah. (FB) 1C3. Lawyers Involved: M.H, Khandker, Senior Advocate, with Shafiqur Rahman, Senior Advocate, instructed by Md. Aftab Hossa......lication under Article 104 of the Constitution is rejected. The verbal prayer for stay of the execution of the sentences made by Mr. MH Khandker is refused. Ed. This Case is also Reported in: ......pot Battalion 1949, All ER 373; Burns vs. Wilson, 97 Lawyers Edition, 1508; Kartar Singh vs. Imperator, AIR 1946 Lah. (FB) 1C3. Lawyers Involved: M.H, Khandker, Senior Advocate, with Shafiqur Rahman, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record—For the Petitioner (I..

Category: Constitutional Law | Date: | Hits: 327

Al-Sayar Navigation Co. Vs. Delta International Traders Ltd. and ors., 1982, 11 CLC (AD)

....ational Traders Ltd. and others……………………. Respondent And Delta International Traders Ltd and others…………………...Appellants (In Civil Appeal No. 38 of 1981). Vs. M.V. Kuan Hai renamed as M. V. Al-Sayer and others……….Respondents Judgment June 25, 19......ational Traders Ltd. and others……………………. Respondent And Delta International Traders Ltd and others…………………...Appellants (In Civil Appeal No. 38 of 1981). Vs. M.V. Kuan Hai renamed as M. V. Al-Sayer and others……….Respondents Judgment June 25, 19......plaintiff is assessed at Tk. 7,36,040/- and the decree is passed accordingly. Civil Appeal No. 38 of 1981 is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: ......plaintiff is assessed at Tk. 7,36,040/- and the decree is passed accordingly. Civil Appeal No. 38 of 1981 is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 264

Md. Deser Ali Vs. Bangladesh and ors., 1982, 11 CLC (AD)

....ated on the ground floor of one of the buildings, the said property being outside the hat and bazar has been made without any lawful authority and as of no legal effect. Ed. ......ated on the ground floor of one of the buildings, the said property being outside the hat and bazar has been made without any lawful authority and as of no legal effect. Ed. ......ated on the ground floor of one of the buildings, the said property being outside the hat and bazar has been made without any lawful authority and as of no legal effect. Ed. ......ated on the ground floor of one of the buildings, the said property being outside the hat and bazar has been made without any lawful authority and as of no legal effect. Ed. ..

Category: Property Law | Date: | Hits: 61

Commissioner of Taxes, Ctg Zone, Ctg Vs. M/s Free School Street Properties, Ltd, 1982, 11 CLC (AD)

..... 1962 I. T.R. 362 ; Karnani Properties Ltd. V. Com. of Income Tax W.B. 1971 I.T.R. 547 : S.G. Mercantile Corporation Ltd. Vs. Com. of Income Tax 1972 I.T.R. 700. Lawyers Involved: A. M. Mahmudur Rahman, Advocate instructed by Md. Sajjadul Huq, Advocate on Record,—For th....... 1962 I. T.R. 362 ; Karnani Properties Ltd. V. Com. of Income Tax W.B. 1971 I.T.R. 547 : S.G. Mercantile Corporation Ltd. Vs. Com. of Income Tax 1972 I.T.R. 700. Lawyers Involved: A. M. Mahmudur Rahman, Advocate instructed by Md. Sajjadul Huq, Advocate on Record,—For th...... the activities of the assessee was business or trading. Therefore, rule 8 (9) is applicable. In the result, therefore, this appeal is dismissed without any order as to cost. Ed. ....... 362 ; Karnani Properties Ltd. V. Com. of Income Tax W.B. 1971 I.T.R. 547 : S.G. Mercantile Corporation Ltd. Vs. Com. of Income Tax 1972 I.T.R. 700. Lawyers Involved: A. M. Mahmudur Rahman, Advocate instructed by Md. Sajjadul Huq, Advocate on Record,—For the Appellant. ..

Category: Fiscal/Taxation Law | Date: | Hits: 78

Ranabir Purkayastha @ Bhanu Vs. Alekjan Bibi and ors., 1982, 11 CLC (AD)

....urt of Subordinate Judge, Second Court, Sylhet by the trial Court. The appeal is disposed of in the aforesaid terms. Ed. This Case is also Reported in: 1982 BLD (AD) 25. ......urt of Subordinate Judge, Second Court, Sylhet by the trial Court. The appeal is disposed of in the aforesaid terms. Ed. This Case is also Reported in: 1982 BLD (AD) 25. ......urt of Subordinate Judge, Second Court, Sylhet by the trial Court. The appeal is disposed of in the aforesaid terms. Ed. This Case is also Reported in: 1982 BLD (AD) 25. ......ellip;………………………………..Respondents Judgment November 2, 1981. Lawyers Involved: Rafiqur Rahman, Senior Advocate, instructed by Gazi Abdul Mannan, Advocate-on-Record— For the Appella..

Category: Criminal Law | Date: | Hits: 39

Commissioner of Income Tax, Dacca Vs. Adamjee Sons Ltd., 1982, 11 CLC (AD)

.... Adamjee Sons Ltd...............................................Respondents Judgment Oct. 22, & Dec. 2, 1981. Cases Referred To: Commissioner of Wealth Tax vs. K.M. Desikar 92 I.T.R. 101; Commissioner of Wealth Tax vs. Pershow Properties 1969 I. T. R. 388. ...... Adamjee Sons Ltd...............................................Respondents Judgment Oct. 22, & Dec. 2, 1981. Cases Referred To: Commissioner of Wealth Tax vs. K.M. Desikar 92 I.T.R. 101; Commissioner of Wealth Tax vs. Pershow Properties 1969 I. T. R. 388. ......d not separately under section 7(1) of the Wealth Tax Act. There is nothing to interfere. In the result, therefore, this appeal is dismissed without any order as to cost. Ed. ......Cases Referred To: Commissioner of Wealth Tax vs. K.M. Desikar 92 I.T.R. 101; Commissioner of Wealth Tax vs. Pershow Properties 1969 I. T. R. 388. Lawyers Involved: Mahmudur Rahman, Advocate-on-Record, instructed by Md. Sajjadul Huq, Advocate-on Record—For the Appell..

Category: Fiscal/Taxation Law | Date: | Hits: 73

Commissioner of Income Tax Vs. Mrs. Masuda Khatun, 1982, 11 CLC (AD)

.... 45; Hamilton Vs Commissioner, Inland Revenue '6 Tax Cases 221; Cape Brandy Syndicate vs. I.R. (1921) 1KB 54; H. L. Canadian Eagle Oil Co. vs. King 27 T. C. 205. Lawyers Involved: A.K.M. Mozammel Hoque Bhuiyan with Rabia Bhuiyan, Advocate, instructed by M.R. Khan, Advocate-on-Recor...... 45; Hamilton Vs Commissioner, Inland Revenue '6 Tax Cases 221; Cape Brandy Syndicate vs. I.R. (1921) 1KB 54; H. L. Canadian Eagle Oil Co. vs. King 27 T. C. 205. Lawyers Involved: A.K.M. Mozammel Hoque Bhuiyan with Rabia Bhuiyan, Advocate, instructed by M.R. Khan, Advocate-on-Recor......e the exemption illusory. Accordingly, the answer to the question framed must be in the affirmative. The appeals are, therefore, dismissed without any order as to costs. Ed. ......a notice under section 34 of the Income Tax Act (hereinafter referred to as the Act), the respondent-assessee filed his return disclosing the income which showed the dividend received from W. Rahman Jute Mills, an undertaking which was enjoying tax holiday under section 15-BB of the Ac..

Category: Fiscal/Taxation Law | Date: | Hits: 75

Nurjahan Begum, wife of Mahmudur Rahman Vs. Mahmudur Rahman Mullick , 1982, 11 CLC (AD)

.... Court and those of the High Court Division are set aside and the suit is dismissed with costs. Ed. ...... Court and those of the High Court Division are set aside and the suit is dismissed with costs. Ed. ......not be sustained. In the result the appeal is allowed, judgment and decree of the trial Court and those of the High Court Division are set aside and the suit is dismissed with costs. Ed. ...... Division (Civil) Present: F.K.M.A. Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Nurjahan Begum, wife of Mahmudur Rahman………...................................Appellant Vs. Mahmudu..

Category: Property Law | Date: | Hits: 448

Habibur Rahman Vs. The State, 1982, 11 CLC (AD)

....y the petitioner stands acquitted under section 494 Cr.P.C. Ed. ......y the petitioner stands acquitted under section 494 Cr.P.C. Ed. ......retrial is set aside and the order of the Special Tribunal dated 1-8-1975, allowing the withdrawal is restored. Consequently the petitioner stands acquitted under section 494 Cr.P.C. Ed. ......iminal) Present: Kemaluddin Hossain CJ F. K. M. A. Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Habibur Rahman………………………...Appellant (in both..

Category: Criminal Law | Date: | Hits: 46

Bengal Water Ways Ltd. and other Vs. Rahimuddin Ahmed and others, 1982, 11 CLC (AD)

.... and dismiss the appeal with costs. Ed. ...... and dismiss the appeal with costs. Ed. ......private limited Company more or less as a partnership. With these words I concur with the judgment delivered by my learned brother Masud, J. and dismiss the appeal with costs. Ed. ......ss the appeal with costs. Ed. ..

Category: Business or Commercial Law | Date: | Hits: 110

Mrs. H Mansur & ors Vs. Sec. Min. of Pub. Works & Urban Dev., Pub. Works Div, GoB, 1982, 11 CLC (AD)

....ed with costs. The order of the High Court Division is set aside, and the impugned order of cancellation of the lease deed declared to have been passed without any lawful authority. Ed. ......ed with costs. The order of the High Court Division is set aside, and the impugned order of cancellation of the lease deed declared to have been passed without any lawful authority. Ed. ......ed with costs. The order of the High Court Division is set aside, and the impugned order of cancellation of the lease deed declared to have been passed without any lawful authority. Ed. ......afique-ul-Huq, Senior Advocate, with T. Islam, Advocate, instructed by Md. Sajjadul Huq, Advocate-on-Record.—For the Appellants. Abdus Sobhan, Additional Attorney-General, with Motiur Rahman, Asstt. Attorney-General, instructed by A. W. Mallick, Advocate-on-Record— For the Re..

Category: Property Law | Date: | Hits: 53

Assessing Officer, Narayangonj Range and others Vs. Burmah Eastern Ltd., 1981, 10 CLC (AD)

....spondent. Civil Appeal No. 100 of 1980. (From the judgment and order dated September 1. 1977 passed by the High Court Division in Writ Petition No 222 of 1973). Judgment Chowdhury A.T.M. Masud J.-This appeal by special leave arises out of a judgment of a Bench of the High Court Divis......spondent. Civil Appeal No. 100 of 1980. (From the judgment and order dated September 1. 1977 passed by the High Court Division in Writ Petition No 222 of 1973). Judgment Chowdhury A.T.M. Masud J.-This appeal by special leave arises out of a judgment of a Bench of the High Court Divis......at the High Court Division has rightly held that the Writ Petition was maintainable. For the aforesaid reasons this appeal is dismissed but without cost. Ed. This Case is also Reported in:......�………………………………...Respondents Judgment January 22, 1981. Result: The appeal is dismissed. Lawyers Involved Abdus Sobhan Additional Attorney General, Matiur Rahman, Assistant Attorney General with him, instructed by B. Hossain, Advocate on-Record (absent)�..

Category: Fiscal/Taxation Law | Date: | Hits: 76

GM, Bangladesh Tea Industry Management Committee Vs. F.H. Chowdhury & anr, 1982 , 11 CLC (AD)

.... of his service to M/S. United Planters and Traders Ltd. His case was that he was appointed as Assistant Manager under Bangladesh Tea Industry Management Committee (hereinafter referred to as B.T.I.M.C). In 1977 he was transferred to Halda Valley Tea Estate. Under the disinvesting scheme the gar...... of his service to M/S. United Planters and Traders Ltd. His case was that he was appointed as Assistant Manager under Bangladesh Tea Industry Management Committee (hereinafter referred to as B.T.I.M.C). In 1977 he was transferred to Halda Valley Tea Estate. Under the disinvesting scheme the gar......t the relationship between the parties was that of Master and Servant may not be unqualified. In the result, therefore, this appeal is dismissed without any order as to costs. Ed. ......t the relationship between the parties was that of Master and Servant may not be unqualified. In the result, therefore, this appeal is dismissed without any order as to costs. Ed. ..

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

Zahirul Huq Vs. Ejamul Huq and others, 1982, 11 CLC (AD)

....rom the due process of law. With this observation this appeal is allowed without any order as to costs, the order of the High Court Division is set aside and the writ petition dismissed. Ed. ......rom the due process of law. With this observation this appeal is allowed without any order as to costs, the order of the High Court Division is set aside and the writ petition dismissed. Ed. ......rom the due process of law. With this observation this appeal is allowed without any order as to costs, the order of the High Court Division is set aside and the writ petition dismissed. Ed. ......rom the due process of law. With this observation this appeal is allowed without any order as to costs, the order of the High Court Division is set aside and the writ petition dismissed. Ed. ..

Category: Tenancy Law | Date: | Hits: 93

Sonali Bank Vs. Abdul Mannan and others, 1981, 10 CLC (AD)

....ecame a debtor. The High Court Division has rightly issued the writ. In the result, therefore, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: ......ecame a debtor. The High Court Division has rightly issued the writ. In the result, therefore, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: ......ecame a debtor. The High Court Division has rightly issued the writ. In the result, therefore, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: ......ecame a debtor. The High Court Division has rightly issued the writ. In the result, therefore, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: ..

Category: Banking Law | Date: | Hits: 129

Shamsul Alam Vs. Superintendent of Police, Bangladesh Railway and other, 1981, 10 CLC (AD)

....ailway and other…………………….Respondents Judgment April 5, 1977. Lawyers Involved: T. H. Khan, Senior Advocate, with M.A. Baqui Mallik, Advocate, instructed by M.R. Khan, Advocate-on-Record—For the Petitioner. ......ailway and other…………………….Respondents Judgment April 5, 1977. Lawyers Involved: T. H. Khan, Senior Advocate, with M.A. Baqui Mallik, Advocate, instructed by M.R. Khan, Advocate-on-Record—For the Petitioner. ......ting period without any other fact or circumstances does not confer on the person so officiating any substantive right. In this view of the matter this petition is dismissed. Ed. ......ting period without any other fact or circumstances does not confer on the person so officiating any substantive right. In this view of the matter this petition is dismissed. Ed. ..

Category: Employment/Service Law | Date: | Hits: 83

James Finlay and Co. Ltd. Vs. Chairman, Second Labour Court, Dacca and another, 1981, 10 CLC (AD)

....e no order as to costs. Ed. ......e no order as to costs. Ed. ......tion 25 of the Act and Civil Appeal Nos. 46 and 47 of 1978 are "disposed of accordingly and will abide by the decisions of the Labour Court. There will be no order as to costs. Ed. ......spute' and if his dismissal led to-the dispute, such a previously discharged workman would be within the ambit of the expression 'any person'. 57. The relevant observation of S. A. Rahman, J.made in this respect is quoted below “I may be noticed that the defin..

Category: Labour and Industrial Law | Date: | Hits: 91

Promode Ranjan Saha and others Vs. Govt. of Bangladesh and another, 1981, 10 CLC (AD)

....Lawyers Involved: Khondker Mahbubuddin Ahmed, Advocate, instructed by A. Rab-II, Advocate-on-Record— For the Appellants. Abdus Sobhan, Additional Attorney General instructed by M. R. Khan, Advocate-on-Record- —For the Respondents. Civil Appeal No. 138 of 1979 ......Lawyers Involved: Khondker Mahbubuddin Ahmed, Advocate, instructed by A. Rab-II, Advocate-on-Record— For the Appellants. Abdus Sobhan, Additional Attorney General instructed by M. R. Khan, Advocate-on-Record- —For the Respondents. Civil Appeal No. 138 of 1979 ...... President's Order No. 90 of 1972 and accordingly, the appeal and the suit have abated. The appeal is accordingly dismissed it having abated but without any order as to costs. Ed. ...... President's Order No. 90 of 1972 and accordingly, the appeal and the suit have abated. The appeal is accordingly dismissed it having abated but without any order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 66

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