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Messres MS Jafar Vs. Subordinate Judge, 3rd Court, Dacca & others, 1980, 9 CLC (AD)
....ot provide any specific mode by which the Government will express its decision regarding the abatement application to be made under this Order. In that view of the matter, the provisions of Order 27, Rules 2, 5 and 8(b) of the Code of Civil Procedure will apply and they are sufficient to give author...... Vs. Subordinate Judge, 3rd Court, Dacca & others ……………..Respondents Judgment July 28, 1980. Result: The appeal and the petition for special leave are dismissed. Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate, with Jamiruddin Ahmed, Advocate, instruct..Category: Others | Date: | Hits: 106
Com. of In. Tax, Dacca Zone, Dacca Vs. M/S. Badridas Full-chand, Saidpur, Rangpur, 1981, 10 CLC (AD)
....whether the Income-Tax Officer was in his jurisdiction to refuse the renewal of the registration of the firm in view of section 23(4) of the Income-Tax Act read with rules 6 and 7 of the Income Tax Rules. 4. Registration of firms is regulated by the Act and Rules framed thereunder, a firm ......i and Co., 1948 I.T.R., 404; Commissioner of Income-tax vs. Md. Asgar Mohammad Yunus & Co. P.L.D, 1968 Karachi 805; Mohabir Glass Manufacturing Co. vs. C.I.T.A.I.R, i960 Patna, 516. Lawyers Involved: Habibul Islam Bhuiyan, Advocate, instructed by B. Hossain, Advocate-..Category: Fiscal/Taxation Law | Date: | Hits: 76
Amar Chandra Saha Vs. Ajit Kumar Das, 1981, 10 CLC (AD)
....dvocate-on-Record—For the Respondent. Civil Appeal No. 3-D of 1971. (From the Judgment and Order dated 29th November, 1968 of the High Court of East Pakistan in Civil Rule Nos. 1286 and 1313 (Rule) of 1968). Judgment: &......y J Kemaluddin Hossain J Fazle Munim J Amar Chandra Saha........Appellant. Vs. Ajit Kumar Das.........Respondents Judgment June 10, 1976. Lawyers Involved: T. Ali, Advocate, Instructed by Abdur Rab-II, Advocate-on-Record—For..Category: Property Law | Date: | Hits: 44
Siddique Ahmed Chowdhury & others Vs. Gani Ahmed and others, 1979, 8 CLC (AD)
....is is a question of fact and hardly arises in this appeal by speÂcial leave. For the foregoing reason, we dismiss the appeal with costs. Ed. This Case is also Reported in: 33 DLR (AD) 1. ...... Siddique Ahmed Chowdhury & others….....………Appellants Vs. Gani Ahmed and others …………………………..Respondents Judgment. July 18, 1979. The Mohammadan Law Onus in case of Transfer by Pardanashin Lady Special rule of onus of proof will apply in..Category: Property Law | Date: | Hits: 53
Bangladesh Vs. Hail Abdul Gani Biswas and others, 1980, 9 CLC (AD)
...., 190, 197 and 303 of 1973 and 11, 12, 14, 19,24,26, 27, 52, 56, 57, 58, 59, 117, 139, 232, 261, 367 add 565 of 1974 which were heard analogously under Article 102 of the Constitution making the said Rule absolute. These are certificated appeals under Article 103(2) (a) of the Constitution. Facts......isions of the Constitution. The transactions which are not alive before the promulgation of President's Order No. 88 of 1972 they are concluded by the transactions past and closed………..(11) Lawyers Involved: K. A. Bakr Attorney-General, with Abdul Wadud Bhuiyan Assistant Attorney-Genera..Category: Property Law | Date: | Hits: 85
Belayet Hossain and another Vs. Md. Abu Taher and others, 1980, 9 CLC (AD)
....her and others................... Respondents. Judgment January 16, 1980. The State Acquisition and Tenancy Act, 1950 (Act XXVII of 1951) section 96 The Code of Civil Procedure, Order IX, Rule 13 The order of dismissal of an application under Order IX, rule 13 of the CPC for restorat......of dismissal of an application under Order IX, rule 13 of the CPC for restoration of a proceeding under section 96 of the state Acquisition and Tenancy Act disposed of ex-parte, is not appealable. Lawyers Involved: Nizamuddin Haider, Advocate instructed by Shahabuddin Ahmed, Advocate-on Record..Category: Property Law | Date: | Hits: 55
Wahid Ali and ors Vs. State, 1980, 9 CLC (AD)
....e the orders of the High Court and that of the Sessions Judge and direct that the proceeÂdings are to continue in accordance with law. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 229 ...... case cannot convert himself in respect of the same proceedings to Special Tribunal under the Special Powers Act and cannot pass an order on the petition under section 27 of the Special Powers Act. Lawyers Involved: A. Hasib, Advocate, instructed by B.C. Panday, Advocate-on-Record—For the App..Category: Criminal Law | Date: | Hits: 33
M/s. Hossain Ahmed Vs. M/s. H. D Hossain & Brothers, 1980, 9 CLC (AD)
....s order dated 21.9.79 stayed the operation of the ad interim order of the learned Munsif till the disposal of the appeal. As against the order the plaintiff moved the High Court Division and obtained Rule in Civil Revision No. 1195 of 1979. The High Court Division stayed the operation of the order o...... not bound to acÂcept the lowest bid…………..(10) Cases Referred to- Ramphal Vs. State of Bihar, AIR 1954 (Pat.) 235; K. N. Guruswami Vs. State of Mysore, PLD 1956 (S.C.—India), 53. Lawyers Involved: Kh. Mahbubuddin Ahmed, Advocate, instrucÂted by Md. Shafiqur Rahman Advocate-o..Category: Others | Date: | Hits: 94
Sayed Ali Vs. Sree Gopal Chandra Das and others, 1980, 9 CLC (AD)
....ithout any order as to costs and remit the case to the Court of first instance to dispose of the matter in accordance with law. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 212. ...... Gopal Pario vs. Searna Bewa 34 C.W.N. 707: Swamirao vs. Valentine, AIR 1920 Bom. 12; Balaram Reddi vs. Govinda Reddi A.I.R 1947 Mad. 54; Allahabad Theatres vs. Ram Sajiwan. A.I.R. 1949 All 730. Lawyers Involved: Abdus Salam, Senior Advocate, Mohfuzur Rahman, Advocate, instructed by B.C. Pan..Category: Procedural Law | Date: | Hits: 96
Abu Taleb Mridha Vs. State, 1980, 9 CLC (AD)
....minal Revision No. 291 of 1979). Judgment: Badrul Haider Chowdhury, J. -This appeal is directed against the judgment and order dated 14-8-79 passed by the High Court DiÂvision discharging the Rule in Criminal ReviÂsion No. 291 of 1979. 2. The appellant is accused in a criminal case being......nces committed in the connection with offences shall be triable exclusively by Special Tribunal………..(6) Case Referred to Anwar Ahmed Vs. State in Criminal Appeal Nos. 29 and 30 of 1977. Lawyers Involved: Rafiqul Huq, Senior Advocate, instructed by Md. Sajjadul Huq, Advocate-on-Recor..Category: Criminal Law | Date: | Hits: 57
Abdur Rashid Vs. Secretary, Ministry of Cabinet Affairs, EstaÂblishment Div & ors, 1980, 9 CLC (AD)
....se against the charges levelled against him and he duly showed cause appearing before the Board, exÂamined witnesses in support of his case and was personally heard by the Board. On this finding the Rule was discharged. 4. Syed Ishtiaq Ahmed, the learned CounÂsel appearing for the appellant, in......ting authority to give notice of the proposed higher punishment, unless it can be shown that it was passed arbitrarily or capriciously, which, on the facts on record, cannot be urged…………(8) Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate, SuÂpreme Court, (K. Z. Alam and Zamiruddi..Category: Employment/Service Law | Date: | Hits: 70
Afzal Khan Vs. Election Tribunal and Munsif. 3rd Court, Comilla and other , 1980, 9 CLC (AD)
....ns and this and this cannot be termed as adopting double" standard. 10. As has been noticed, Abdul Jalil, ResÂpondent No. 2 was declared, elected by the Presiding Officer by a margin of 61 votes. Rule, 37(4) of the Pourashava Election Rules, 1977 provides for counting. As has been noticed no obj......ce in counting and rechecking of the ballot papers the process of which was started by the Election Tribunal itself solely for the purpose of doing complete justice in the matter...…………(13) Lawyers Involved: Khondker Mahbubuddin Ahmed, Advocate with Serajul Huq, Advocate, instructed by ..Category: Election Law | Date: | Hits: 136
Badsha Mia Bepari Vs. Abul Bashar & ors., 1980, 9 CLC (AD)
....ural land, it is not pre-emptible. The Munsif dismissed the pre-emption case but the Court of appeal below allowed the pre-emption case. The High Court Division in Civil Revision discharged the Rule by holding that the lower appellate Court had not committed any illegaÂlity or material irregu......fic performance of contract is pre-emptable………(3) Cases Referred to- Chandra Kumar Maladas Vs. Abdul Motaleb (1967) 19 DLR(SC) 36; Johar Mill Bhutra Vs. Jatindra Nath Bose 34 C.L.J. 79. Lawyers Involved: Miah A, Gafur, Advocate-on-Record...For the Appellant. Md. Shafiqur Rahman, ..Category: Property Law | Date: | Hits: 57
Gopinath Ghose Vs. State, 1980, 9 CLC (AD)
....of the Constitution. In the result the appeal is allowed, the impugned proceeding is quashed and the gold is escheated to the State. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 177 ......Âcution on this issue is barred…………..(12) Cases Referred to- AIR 1939 Cal. 65,. (1963) All ER 516, (1950) AC 458, AIR 1965 (SC) 87, 6 DLR 634, AIR (1956) S.C. 415, PLD 1963 Dac. 595. Lawyers Involved: S. R. Pal, Senior Advocate, instructed by B. C. Panday, Advocate-on-Record—Fo..Category: Criminal Law | Date: | Hits: 42
Abdus Sattar & others Vs. Suresh Chandra Das & others, 1978, 7 CLC (AD)
....nts. Abdus Salam, Senior Advocate, instructed by B.C. Pandey, Advocate-on-Record—For the Respondents. S.R. Pal, Advocate- amicus curiae Civil Appeal No. 108 of 1977 (Arising from Civil Rule No. 419 of 1974). Judgment Kemaluddin Hossain CJ.—The this appeal a question of law of......the premises will be that of tenant by sufferance………..(14) Case Referred to- Gouribala Pal Vs. Kunjalal Saha (1960) 12 DLR 37, Anwarali Bepari vs. Jamini Lal Ray Chowdhury 43 CWN 197. Lawyers Involved: Khandker Mahbubuddin Ahmed, Advocate, instructed by A Rob II, Advocate-on-Recor..Category: Tenancy Law | Date: | Hits: 67
Abul Khair Mia Vs. Abdul Latif Sardar, 1980, 9 CLC (AD)
....965 (S.C.), 671 and Saifur Rahman vs. Haider Shah, 19 DLR (SC), 433. In the result, therefore, this appeal is dismissed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 167 ......rsed by the High Court Division. Once fraud is established, limitation will run only from the date when the fraud is detected. If fraud is proved then there is no question of limitation………(4) Lawyers Involved: Miah Abdul Gafur, Advocate-on-Record— For the Appellant. Ahmad Sobhan, Se..Category: Property Law | Date: | Hits: 69
Director of Taxation & Excise, Govt of East Pak. (now BD) Vs. Mehdi Ali Khan Panni, 1980, 9 CLC (AD)
....y order as to costs. ORDER OF THE COURT According to the majority view the appÂeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 138 ......ad For application of section 4 (b) to a valid Waqf-al-al-awlad created by a Muslim, it should be considered on the basic principle of the institution of waqf as contemplated under the Muslim Law. ………………….(36) Waqf-Waqf of the present case is a public waqf under section 2 (1..Category: Trust/Waqf Law | Date: | Hits: 239
Bangladesh CheÂmical Industries Corporation and anr Vs. Sk. Abdur Rashid , 1980, 9 CLC (AD)
....d by the High Court that the termination of ad hoc appointment of the respondent as Administrator was valid but his substantive appointment 0s Chief Accountant was not affected by the said order. The Rule was discharged in the said writ petition but no further appeal was filed. ThereÂafter, the res......he appellant shall not render his service terminated by Karim Rubbers Industries Ltd………..(4) Case Referred to- Bangladesh Small Industries Corporation vs. Mahbub Hossain 29 DLR (SC) 41. Lawyers Involved: Dr. M. Zahir, Advocate Advocate, instructed by Aminul Huq, Advocate-on-Recordâ€..Category: Employment/Service Law | Date: | Hits: 70
State, People's ReÂpublic of Bangladesh and others Vs. Haji Joynal Abedin, 1980, 9 CLC (AD)
....the decision of the majority the appeal is allowed. The judgment and order of the High Court Division dated May 4, 1978 are set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 110. ...... Joynal Abedin………………………..Respondents Judgment December 20, 1978. Result: The appeal is allowed. Proclamation of 15th August, 1975 provided that Proclamations, Martial Law Regulations and Orders shall have precedence over the Constitution. Constitution cannot ..Category: Criminal Law | Date: | Hits: 294
M.V. Aghia Thalassini and others Vs. Abu Bakr Siddique and others, 1980, 9 CLC (AD)
....uch discretion cannot be exercised. There is the end of the matter. In the result, therefore, this appeal is disÂmissed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 107 ......er ends there.…….(9) Cases Referred to- Njgos (1935) All E R. 863; Anne field, (1971) All E.R., P-394; Thomas & Co. Ltd. vs. Portsea Steamship Co. Ltd. (1912) A.C. 1; AIR 1963 (SC) 1044. Lawyers Involved: Faqueer Shahabuddin Ahmed, Senior AdvoÂcate, with K. Z. Alam, A. W. Bhuiyan, S..Category: Business or Commercial Law | Date: | Hits: 89
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