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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: ......icularly the following cases: Parmeshwar Singh vs. Sitaldin Dube AIR 1934 All 626; F.B Saraj Bhushan vs. Dtvendranath, AIR 1932 Cal 30; Hari Mohan Dala vs. Parmeshwar Shau, AIR 1928 Cal 646, Khwaja Allawali Vs. Kesarimal AIR 1947 Nag. 239; Bal kukund Marwari vs. Basata Kumari Dasi, AIR I925; part 1...Category: Procedural Law | Date: | Hits: 111
Ful Chand Das and others Vs. Mohammad Hammad and others, 1982, 11 CLC (AD)
....8, life of the Ordinance No. 1 of 1964 was extended upto March 31, 1969. 14. From the legislative actions taken in extending life of Ordinance No. 1 of 1964 from time to time and also amending section 4, it is obvious that the Legislature treated section 4 of Ordinance No. 1 of 1964......o considerations. Firstly, sections 4 and 6 of East Pakistan Ordinance No.1 of 1964 having been declared void in Chittaranjan Sutar's case, the said provisions not being in existence in the eye of law the impugned kabala in favour of defendant No.2 never lost its legal validity on account of Non..Category: Property Law | Date: | Hits: 75
Sultan Ahmed, Advocate and others Vs. Haji Sultan Ahmed and others, 1982, 11 CLC (AD)
....gh Court Division dated 5 June 1981, order of the Additional Sessions Judge dated 30th November 1979 and the order dated 16 October 1978 of the learned Magistrate are set aside. Ed. ......; Shahabuddin Ahmed J.—In this appeal, by special leave, the question is whether the High Court Division was well founded in law in refusing to interfere with an order of Magistrate made under section 107 of the Code of..Category: Criminal Law | Date: | Hits: 51
Govt. of Bangladesh 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. ...... to India in Satkhira, Khulna. The respondent handed over the articles to the Sub-Divisional Officer, Satkhira, and in due course the smugglers were convicted and sentenced by a competent Court of law and the seized articles were confiscated to the State and handed over to the Bangladesh Bank. T..Category: Criminal Law | Date: | Hits: 171
M/s. Everett Orient Lines Inc. Vs. Commissioner of Income Tax Ctg Zone, Ctg, 1982, 11 CLC (AD)
....l shipping company and also to encourage the shipbuilding industries and with this end in view the benefits of initial depreciation were not made available to the foreign shipping companies by amending section 2(vi) by the Finance Act of 1967. 10. As for the additional depreciation t......to the appellant in computing the income of the appellant in the year under appeal. The Income Tax Officer is, therefore, directed to allow additional depreciation on the ships in accordance with law." Income Tax Officer was directed to revise the assessment order accordingly. ..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)
....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. ......ibunal sod prayed for referring the question framed therein to the High Court Division. The Tribunal by its order dated 21-4-72 rejected the application on the ground that no question of law arose out of the Tribunal. Thereafter the assessee filed an application under section 17(2) of ..Category: Fiscal/Taxation Law | Date: | Hits: 95
Mofizur Rahman Khan Vs. Government of Bangladesh, 1982, 11 CLC (AD)
....rofit" under the state government. To hold office of profit is a disqualification for being so elected. Then Rajasthan Legislative Assembly Members (Prevention of Disqualification) Act, 196v was made amending the definitions of "disqualification" and ''office of profit" with retrospective effect......usion arrived at on the appeals by my, learned brother Shahabuddin Ahmed, J., I think it appropriate to make some observations of my own on the constitutional question of validation of an invalid law, struck down earlier as repugnant to a Fundamental Right. In this particular case section 9 (2) ..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. ......te Tribunal and the sentence shall not be executed unless it confirmed by the Appellate Tribunal." 7. On careful consideration of the relevant provisions of law referred to by the learned Counsel I find it difficult to accept the proposition that an appeal..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. ......ent of the High Court Division in Writ Petition No. 180 of 1978 declaring the order removing the respondents from service under the President's Order No. 9 of 1972, as illegal and without any lawful authority. Facts in short relevant for disposal of the appeal are that the respond..Category: Employment/Service Law | Date: | Hits: 92
....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.
......ruct the sales disclosed on the basis of 10% gross profit rate.....”
4. The contention of the appellant is that the question framed by the assesses is a pare question of fact, and no question of law arises from the judgment of the Appellate Tribunal and no reference lay under section 66 (1) of ..
Category: Fiscal/Taxation Law | Date: | Hits: 100
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. ...... harshness has become apparent, the only decision that is called for is to say whether the punishment is contrary to the recommendation of Public Service Commission was illegal or without lawful authority or not. The respondent has not filed the petition in mitigation of sentence. He h..Category: Employment/Service Law | Date: | Hits: 87
Rajan Miah Vs. Abdur Rashid and another, 1982, 11 CLC (AD)
.... of the trial court judgment by the appellate Court below was justified and the plaintiff is not entitled to any relief. In the result, therefore, this appeal is dismissed with cost. Ed. ......lish his possession in the suit land within 12 years from the institution of the suit he is not entitled to get any relief, the suit being barred by limitations The conclusion is in accordance with law. The High Court Division had summarily dismissed the appeal. In air fairness it must be stated ..Category: Property Law | Date: | Hits: 47
Commissioner of Income Tax Vs. Chowdhury Ramzan Ali and another, 1982, 11 CLC (AD)
....ed without any order as to costs. The orders of the Court below are set aside, the proceedings of claims of the appellant before the Company Judge will proceed according to law. Ed. ......the order of the Company Judge and the said appeal was heard by a Division Bench of the High Court which dismissed the appeal. 3. Leave was granted to consider substantial questions of law involved in the case, namely, whether the High Court was wrong in holding that provisions of se..Category: Fiscal/Taxation Law | Date: | Hits: 85
Hajee Khabiruddin Ahmed Vs. Md. Salam Kabir, 1982, 11 CLC (AD)
....ter the lapse of a reasonable time. For the reason stated above, the appeal is allowed with costs. The judgment of the High Court Division is set aside and that of the trial court restored. Ed. ......the trial court on the ground of default and requirement of the house by the landlord-appellant for reconstruction dismissed the suit on inconsequential grounds and upon an erroneous view of law." 6. It appears that regarding personal service of notice the learned Judges in finding ..Category: Tenancy Law | Date: | Hits: 67
Rokeya Khatun Vs. Alijan @ Alijan Bepari and ors., 1982, 11 CLC (AD)
....he modification that the suit is decreed in part in favour of the appellant to the extent of the 1/3 rd share in the suit property. Respondent No. 1 is to pay cost of the appeal. Ed. ......was a pardanashin lady who had no independent advice before she executed the documents transferring her entire property. In second appeal a question was raised whether the said proposition of law is applicable to the bona fide purchaser for consideration from the beneficiary under the docum..Category: Property Law | Date: | Hits: 57
....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:
......nt was guilty of misconduct and the unauthorised storing of the aforesaid quantity of cement outside the University godown resulted in financial loss to the University. Further the inquiry was held lawfully and every reasonable opportunity was afforded to the plaintiff-respondent to defend himself..
Category: Employment/Service Law | Date: | Hits: 109
Abu Bakkar Vs. Nazir Ahmed, 1982, 11 CLC (AD)
....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. ......not file any redemption suit, but may get quick remedy by an application to the Sub-divisional Magistrate. The other provision in the amendment is that notwithstanding anything contained in any other law in force, any transfer of a land by an out and out sale with a condition for reconveyance shal..Category: Property Law | Date: | Hits: 58
Khondker Moshtaque Ahmed Vs. Bangladesh, 1982, 11 CLC (AD)
....w Court and the order of Government on review are set aside, The orders of conviction passed on the appellant ate hereby quashed. Ed. This Case is also Reported in: 34 DLR (AD) (1982) 222. ......ice rendered by the accused to the Nation during the war of liberation and also of his age. The Special Martial Law Court directed that the proceedings of the case be submitted to the Chief Martial law Administrator for review as required under Regulation 4 of M.L.R. 1 of 1975. In the first case t..Category: Criminal Law | Date: | Hits: 287
Lebu Mia Vs. Ganesh Chandra Nath and others, 1982, 11 CLC (AD)
....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.......the reasons, we set aside the judgment of the High Court Division and that of the Court of appeal 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...Category: Property Law | Date: | Hits: 65
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. ......through a Secretary in the Ministry of Finance for distribution and investments of the fond by way of a formal proposal and working scheme for consideration of the Prize Court. The Ministry of law was denied the locus standi to file application. Reasons are that there is no provision i..Category: Others | Date: | Hits: 116
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