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....ates to the income for the period 1365 B.S. suffers from want of jurisdiction. In the result, the appeal is allowed and the question is answered in the negative. We make no order as to costs.
Ed.
......ates to the income for the period 1365 B.S. suffers from want of jurisdiction. In the result, the appeal is allowed and the question is answered in the negative. We make no order as to costs.
Ed.
......r adÂding the assessment years J365 B.S. and 1366 B S. of our above mentioned firm to the assessment year 1366 B.S. of Jamal Soap Factory, Narayanganj."
6. The Tribunal as well as the learned Judges of the High Court Division accepted the case of the Department on the obserÂvation (hat the ..
Category: Fiscal/Taxation Law | Date: | Hits: 78
People's Republic of Bangladesh Vs. Sri Sri Madan Gopal Jew Bigraha and ors., 1981, 10 CLC (AD)
.... of the first appellate Court is empowered to question validity of Hate Court and restore that of the trial Court recording abatement of the suit, There will be no order as to costs. Ed. ......ed and scan injunction was sought for. It is to be further observed that it is now well settled on the authority of Jalil Ahmed Vs. The Province of East Pakistan. 19 D. L. R. 106 decided by a Special Bench and affirmed by the Supreme Court of Pakistan in Tanvir Ahmed Siddiky Vs. The Provinc......(d). Judgment: K. Hossain CJ.- In this appeal the question is whether the learned Single Judge of the High Court Division was well founded in law in holding that an amendment of a pla..Category: Property Law | Date: | Hits: 44
S.M. Quddus & ors Vs. Chairman, Labour Court, Ctg. & anr, 1981, 10 CLC (AD)
.... provides, in our opinion, sufficient justification for granting termination benefits instead of reinstatement. In that view of the matter, the petitions are dismissed. Ed. ...... provides, in our opinion, sufficient justification for granting termination benefits instead of reinstatement. In that view of the matter, the petitions are dismissed. Ed. ...... provides, in our opinion, sufficient justification for granting termination benefits instead of reinstatement. In that view of the matter, the petitions are dismissed. Ed. ..Category: Labour and Industrial Law | Date: | Hits: 110
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. ......€¦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 a suit where the executants herself is either the Plaint...... law but of considerable public importance; that the special rule of onus to prove validity of a document executed by a pardanashin and illiterate lady being the recipient thereof, the learned Single Judge was correct in not applyÂing the rule to the facts of the case; and whether the rule has been..Category: Property Law | Date: | Hits: 53
Government of Bangladesh Vs. Md. Abdus Subhan &. others, 1979, 8 CLC (AD)
....n of P.O. 16 of 1972 is illegal and as such the provision of M.L.R. VII 1977 has no application. The petition is therefore dismissed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 255.......aksudur Rahman, Deputy Attorney-General, instructed by B. Hossain, Advocate-on-Record, —For the Petitioners. Md. Aftab Hossain, Advocate-on-Record. — For the Respondents. Civil Petition for Special Leave to Appeal No. 339 of 1979. (From the judgment and order dated the 14th August, 197...... the Sub-divisional OffiÂcer Sadar (South) Dacca. 3. The respondents having failed to get any relief from the Government filed the writ petition which was contested by the petitioner. The learned Judge of the High Court Division directed to release the premises in question from the list of Aband..Category: Property Law | Date: | Hits: 67
Abdul Jabbar Khan @ Jabbar Khan & ors Vs. State and another, 1980, 9 CLC (AD)
....appeal by special leave a question of public importance has been raised as to whether the High Court Division was correct in directing the trying Magistrate to send the records of the case to the Sub-Divisional Magistrate for necessary action, that is to say, for consideraÂtion of the naraji petiti......oned in the original comÂplaint petition and sent up for trial by the police and he will be guided by the principles enunciated above. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 247 ......ected. Court will take cognizance agaÂinst accused persons who are sent for trial only by the I-O. An application under Section 436 of the Code of Criminal Procedure was filed before the Sessions Judge, Barisal and the learned Additional Sessions Judge rejected the petition by holding that the p..Category: Criminal Law | Date: | Hits: 60
Bangladesh Vs. Hail Abdul Gani Biswas and others, 1980, 9 CLC (AD)
....ion of the High Court Division set aside and remitted back to the High Court Division for disposal. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 233 ......ion of the High Court Division set aside and remitted back to the High Court Division for disposal. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 233 ......on erred in holding that the word 'transÂfer" in section 95 of the East Bengal State Acquisition & Tenancy Act must be consÂtrued as meaning a transfer by mortgage. It is contended that the learned Judges of the High Court Division committed subsÂtantial error of law in adding words into the Stat..Category: Property Law | Date: | Hits: 85
Belayet Hossain and another Vs. Md. Abu Taher and others, 1980, 9 CLC (AD)
....side and the case is remitted back to the High Court Division for disposal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 231. ......side and the case is remitted back to the High Court Division for disposal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 231. ......ted 21-11-78 passed by the High Court Division in Civil ReviÂsion Case No. 1163 of 1975.) Judgment: Kemaluddin Hossain CJ.—In this appeal the question involved is whether the learned Single Judge was justified in taking a view contrary to the current of decision standing stare decisis on t..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 ......J., Badrul Haider Chowdhury, J. Wahid Ali and ors........................ Appellants. Vs State…………………………………Respondent Judgment January 29, 1980. The Special Powers Act, 1974 (Act XIV of 1974), Section 27 The Code of Criminal Procedure, 1898 (Act ......he Code of Criminal Procedure, 1898 (Act V of 1898), Section 435 While exercising Revisional jurisdiction in a case under sections 449, 307,380 and 324 of the Penal Code, the District and Sessions Judge upon a Petition under section 27 of the Special Powers Act in that case cannot convert himself..Category: Criminal Law | Date: | Hits: 33
M/s. Hossain Ahmed Vs. M/s. H. D Hossain & Brothers, 1980, 9 CLC (AD)
....f 1979). Judgment Badrul Haider Chowdhury J.—This appeal is directed against the order of the High Court Division in Civil Revision No. 1195 of 1979. 2. Defendants are the appellants. The Divisional Tender Committee with the AddiÂtional Divisional Commissioner, as the ChairÂman invited......cceptance of the tender of the appellant was illegal and without juÂrisdiction. The present appeal arises out of the Suit No. 179 of 1979. In the meantime this Court in dismissing Civil Petition for Special Leave to Appeal No. 273 of 1979 arising out of O.S. NO. 164 of 1979 observed:— “Mr. ......unsif by his order dated 1.8.79 directed the parties to maintain status quo. As against the order an appeal being Misc. Appeal No 366 of 1979 was filed before the district judge. The learned District Judge by his order dated 21.9.79 stayed the operation of the ad interim order of the learned Munsif ..Category: Others | Date: | Hits: 94
Nasiruddin Vs. Government of the People's Republic of Bangladesh & ors, 1980, 9 CLC (AD)
....t Division and remit the case back to it for decision in the light of the observation made above. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 216 ......ing on the point. One is of Haji Joynal Abedin and the other Khondker Ehteshamuddin Ahmed Iqbal. 9. In Haji Joynal Abedin's case the conÂviction and sentence of five accused persons passed by the Special Martial Law Court was challenged and the question was whether the order of the Martial Law C......J Ruhul Islam, J Badrul Haider Chowdhury, J Shahabuddin Ahmed, J Nasiruddin …....Appellant Vs. Government of the People's Republic of Bangladesh & ors………….Respondent. Judgement April 14, 1980. The Bangladesh Abandoned Property (ConÂtrol, Management and Disposa..Category: Constitutional Law | Date: | Hits: 157
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. ......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. ......the suit premises,, but it was disallowed on the ground that the Court of Small Causes was not authorised in law to exercise jurisdiction under section 144 of the Code. On revision the learned Single Judge held that the application under section 144 was misconceived and incompetent and so dismissed ..Category: Procedural Law | Date: | Hits: 96
Abu Taleb Mridha Vs. State, 1980, 9 CLC (AD)
....High Court DiÂvision discharging the Rule in Criminal ReviÂsion No. 291 of 1979. 2. The appellant is accused in a criminal case being C.R. Case No. 2617 of 1972 penÂding before the Court of Sub-Divisional Magistrate and Special Magistrate, Khulna.Charge-sheet was submitted on 1.8.74 under Arti...... Ahmed J Abu Taleb Mridha... Appellant. Vs. State...Respondent Judgment February 14, 1980. The Bangladesh Scheduled Offence (S.T) Order, 1972 (P.O. 50 of 1972), Art 241. 4 A Special MagisÂtrate will try the cases of the Scheduled Offences and only in cases of offence under......se and the Court has quashed the proceedings on merit as against that accused. In the result, therefore, this appeal is disÂmissed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 209 ..Category: Criminal Law | Date: | Hits: 57
Abdur Rashid Vs. Secretary, Ministry of Cabinet Affairs, EstaÂblishment Div & ors, 1980, 9 CLC (AD)
....ere will be no order as to costs. Order of the Court By Majority view the appeal is dismissed but without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 201 ......ere will be no order as to costs. Order of the Court By Majority view the appeal is dismissed but without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 201 ......g any notice of the proposed enhanced punishment, which is also in violation of the principle of natural justice. 3. The High Court Division did not accept either of the contentions. The learned Judges held that the appellant was given sufficient opportunity to show cause against the charges le..Category: Employment/Service Law | Date: | Hits: 70
Commissioner of Income Tax, (Now Com. of Taxes), Ctg. Vs. Saifuddin A Siddiqui, 1980, 9 CLC (AD)
....f the Income Tax Act in this case. In the result, both the appeals are dismissed on contest without, however, any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 190 ......f the Income Tax Act in this case. In the result, both the appeals are dismissed on contest without, however, any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 190 ......sable income of the Estate if at all there be any, was taxable at the maximum rate as envisaged in the provisions of subÂsection (1) of section 41 of the Income Tax Act, 1922". The learned Judges of the High Court DiÂvision after hearing the parties answered the question in the negative ..Category: Fiscal/Taxation Law | Date: | Hits: 85
Afzal Khan Vs. Election Tribunal and Munsif. 3rd Court, Comilla and other , 1980, 9 CLC (AD)
.... purpose of doing complete justice in the matter. In the result, therefore, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 186 ...... purpose of doing complete justice in the matter. In the result, therefore, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 186 ...... purpose of doing complete justice in the matter. In the result, therefore, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 186 ..Category: Election Law | Date: | Hits: 136
Badsha Mia Bepari Vs. Abul Bashar & ors., 1980, 9 CLC (AD)
....lating back becomes academic having no bearing with merits of the appeal. For the foregoing reason this appeal is dismissed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 183 ......lating back becomes academic having no bearing with merits of the appeal. For the foregoing reason this appeal is dismissed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 183 ......lating back becomes academic having no bearing with merits of the appeal. For the foregoing reason this appeal is dismissed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 183 ..Category: Property Law | Date: | Hits: 57
Gopinath Ghose Vs. State, 1980, 9 CLC (AD)
....appellant filed an application before the Magistrate for returning the gold to him and got a favourable order. But the Deputy Superintendent of Customs filÂed a complaint on July 29, 1968 to the Sub-Divisional Magistrate alleging that the accused by keeping in his possession the gold in quesÂtion ......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 ......t complaint and issued process against the accusÂed under Section 167(81) of the Sea Customs Act. The appellant challenged this subsequent prosecution by a revisional application before the Sessions Judge taking the plea that he was already tried for and was acquitted of the same offence and the Se..Category: Criminal Law | Date: | Hits: 42
Abdus Sattar & others Vs. Suresh Chandra Das & others, 1978, 7 CLC (AD)
.... we set aside the decision of the High Court Division and restore that of the trial Court. The appeal is allowed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 170. ...... we set aside the decision of the High Court Division and restore that of the trial Court. The appeal is allowed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 170. ...... a defaulter. The second ResÂpondent was in possession as the brother of Suresh but not as a tenant. He, therefore, decreed the suit for ejectment. On revision by the Respondents, the learned Single Judge of the High Court Division reversed the findÂings of the trial Court, and held that the tenaÂ..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 ......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 ......st the judgÂment and order passed by the High Court DiviÂsion in Civil Revision Case No. 767 of 1974. 2. Plaintiff appellant instituted Title Suit No. 3 of 1966 in the 3rd Court of SubordiÂnate Judge, Dacca against the respondents for ejectment after termination of tenancy under section 109 of..Category: Property Law | Date: | Hits: 69
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