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The Commissioner of Taxes, East Zone, Dhaka Vs. M/s. Mallick Brothers, 1986, 15 CLC (AD)

....erred to- Commissioner of Income Tax vs. Fazlur Rahman (1964) 16 DLR (SC) 506; Badridas Daga vs. Commissioner of Income Tax 1949 I.T.R. 202. Lawyers Involved: A. M. Mahmudur Rahman, Senior Advocate, instructed by Md. Sajjadul Huq, Advocate-on- Record—For the Appellant. Chowdhury Ramz......eme Court Appellate Division (Civil) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J The Commissioner of Taxes, East Zone, Dhaka.............Appellants Vs. M/s. Mallick Brothers ..........................Respondent Judgment December 11, 1985. ......ore, these appeals are allowed and the judgment and order of the High Court Division are set aside. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 66. ......ore, these appeals are allowed and the judgment and order of the High Court Division are set aside. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 66. ..

Category: Fiscal/Taxation Law | Date: | Hits: 95

Md. Muslim Khan Vs. The State, 1986, 15 CLC (AD)

....he trial of the appellants. Thus, the cognizance taken by this Special Judge is perfectly lawful. Both the appeals are dismissed. …………(6 & 7) Lawyers Involved: Serajul Huq, Senior Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record—For Appellant (in Criminal Appea......ellate Division (Criminal) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Md. Muslim Khan ...................Appellant (In Criminal Apneal No. 25 of 1985) Vs. The State..........................Respondent Sanaullah Akhan................................. result, both the appeals are dismissed. Accused-appellants who are now on bail are directed to surrender to their bail bonds at once. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 60....... result, both the appeals are dismissed. Accused-appellants who are now on bail are directed to surrender to their bail bonds at once. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 60...

Category: Criminal Law | Date: | Hits: 69

Delwar Ali Khan & another Vs. Sajedul Haque, 1986, 15 CLC (AD)

....a Nath Sarkar vs. Kali Pada Das, AIR 1940 Cal. 232; Ma Si. Muthuveeran Chettiar Vs Mottayan Chettiar, AIR 1942 Mad 283; Raghubir Singh vs. Emperor, AIR 1931 Oudh 81. Lawyers Involved: K Z Alam, Advocate instructed by Md. Aftab Hossain. Advocate-on-Record—For the Appellants. Syed Sakhawat ......Court Appellate Division (Criminal) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Delwar Ali Khan & another……………………....Appellants Vs. Sajedul Haque……………………………………….Respondent Judgment July 9, ......the trial. Subject to these observations, the order of the High Court Division is upheld. The appeal is accordingly disposed of. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 52. ......the trial. Subject to these observations, the order of the High Court Division is upheld. The appeal is accordingly disposed of. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 52. ..

Category: Criminal Law | Date: | Hits: 59

M/s Hajee Mohammad Ali & Sons Vs. Burma Eastern Ltd. & others, 1986, 15 CLC (AD)

....s Referred to- Abdul Rauf and others Vs. Abdul Hamid Khan and others (1965) 17 DLR (SC) 550; Abul Khair Mia Vs. Abdul Latif Sardar (1980) 32 DLR 167. Lawyers Involved: Maksumul Hakim, Senior Advocate instructed by Md. Aftab Hossain, Advocate-on-Record— For the Appellant. Altaf Hussain,......) (1986) 41. ......dgment of the High Court Division is set aside and that of the trial Court is restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 41. ......dgment of the High Court Division is set aside and that of the trial Court is restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 41. ..

Category: Business or Commercial Law | Date: | Hits: 118

Abdus Sattar & others Vs. The State & another, 1985, 14 CLC (AD)

....d to- Bhim Singh and others vs. State of U.P. A.I.R. 1974 (SC) 1744; Md. Joynal and others vs Md. Rustam Ali Mia and others, Bangladesh Case Reports 1984 AD 19. Lawyers Involved: Aminul Huq, Advocate-on-Record-For the Appellants. M. Moazzem Hassain, Deputy Attorney General, instructed by......ellate Division (Criminal) Present: FKMA Munim C J Badrul Haider Chowdhury J Shahabuddin Ahmed J Abdus Sattar & others…………………………………... Appellants Vs. The State & anr……………………………………….. Respondents Judgment ......e result, therefore, this appeal is allowed and the convictions of the appellants are set aside and they are acquitted of the offences. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 38. ......e result, therefore, this appeal is allowed and the convictions of the appellants are set aside and they are acquitted of the offences. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 38. ..

Category: Criminal Law | Date: | Hits: 53

Md. Jashimuddin Vs. The State, 1985, 14 CLC (AD)

....968) 20 DLR (SC) 49; PLD 1967 (SC) 545; AIR 1935 PC 89; R.G. Jadav vs. State of Bombay, AIR 1960 (SC) 748; Dahu Raut's case, 62 Ind, App. (AIR 1935 P.C. 89). Lawyers Involved: Miah Abdul Gafur Advocate-on-Record— For the Appellant. M. Moazzem Hossain, Deputy Attorney-General, instructe......�wed, judgment of the High Court Division is set aside and the case is remanded back to the High Court Division for rehearing on merit. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 35. ......�wed, judgment of the High Court Division is set aside and the case is remanded back to the High Court Division for rehearing on merit. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 35. ......�wed, judgment of the High Court Division is set aside and the case is remanded back to the High Court Division for rehearing on merit. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 35. ..

Category: Criminal Law | Date: | Hits: 62

Ellal Textile Mills Ltd. & others Vs. Md. Abdul Awal & others, 1984, 13 CLC (AD)

....ar L.A. Co. 1936 Bom. 24; Union India Sugar Mills Co. ILR 44 All, 151; De-venkumar Mishra AIR 1955(Pat) 486; Ramesh 47 Cal 901; Nenakshi Naidoo 14 IA 160. Lawyers Involved: Rafiq-Ul-Huq, Senior Advocate instructed by Abu Backkar, Advocate-on-Record—For the Appellants. Amirul Islam, Advoca...... others…………………………… Appellants (In Civil Appeal No. 53 of 1984). Shohagpur Transport Services Ltd. & others..............Appellants (In Civil Appeal No. 54 of 1984). Vs. Md. Abdul Awal & others.......................... Respondents (In both the appeals). J...... that two separate petitions, if so advised, be filed and heard analogously by the same court. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 26. ...... that two separate petitions, if so advised, be filed and heard analogously by the same court. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 26. ..

Category: Company Law | Date: | Hits: 195

Sk. Abdul Latif and another Vs. Abdul Malek Kazi & others, 1983, 12 CLC (AD)

....Runge Lall Mandul vs. Abdul Gaffur and others—4 Calcutta 315; Bastacolla Colliery Co. Ltd. vs. Bandhu Peldar and another AIR 1960 Patna (FB) 344. Lawyer Involved: B. B. Roy Chowdhury, Senior Advocate (Abdur Rashid, Advocate with him) instructed by Shamsul Hoque Siddique, Advocate-on-Record ......nt: FKMAMunim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Sk. Abdul Latif and another…………………………..Appellants Vs. Abdul Malek Kazi & ors............................. Respondents Judgment May 2, 198......rt Division and the appellate Court below are set aside and that of the learned Munsif is restored. The appeal is allowed with costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 22. ......rt Division and the appellate Court below are set aside and that of the learned Munsif is restored. The appeal is allowed with costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 22. ..

Category: Property Law | Date: | Hits: 63

Farruk Ahmed Vs. Abdul Kader Chowdhury and others, 1985, 14 CLC (AD)

.... (AD) 38; Bangladesh vs. Tan Kheng Hock 31 DLR (AD) 69; Abdus Salam Master alias Salam and another vs. The State, 36 DLR (AD) 58; 1950 Cr.L.J. 838 (Punjab). Lawyers Involved: T. H. Khan, Senior Advocate, (M.A. Wahab Miah, Advocate with him), instructed by Sharifuddin Chaklader, Advocate-on-Rec......DLR (AD) (1986) 18. ......ondents who are enlarged on bail will now surrender to their bail bond and fresh prayer for bail may be made before the Sessions Judge. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 18. ......ondents who are enlarged on bail will now surrender to their bail bond and fresh prayer for bail may be made before the Sessions Judge. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 18. ..

Category: Criminal Law | Date: | Hits: 105

Mamudul Haque Chowdhury Vs. The District Judge, Chittagong & others, 1985, 14 CLC (AD)

.... of the allegation may be sufficient since the burden of proof of the allegation lies upon the petitioner. (Per Shahabuddin Ahmed J.)…………(21) Lawyers Involved: Md. Fazlul Karim, Senior Advocate instructed by Sharifuddin Chaklader, Advocate-on- Record—For the Appellant. Jamiruddin...... Division (Civil) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Mamudul Haque Chowdhury………………………………………………..Appellant Vs. The District Judge, Chittagong & others …………………………….Respondents ......llowed. The order of the Election Appellate Tribunal as well of the High Court Division is set aside and that of the Tribunal is restored. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 8.......llowed. The order of the Election Appellate Tribunal as well of the High Court Division is set aside and that of the Tribunal is restored. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 8...

Category: Election Law | Date: | Hits: 152

Rahela Khatun and another Vs. Fayezuddin Shah, 1985, 14 CLC (AD)

....ave to be taken into evidence on appeal as additional evidence. The Appeal is allowed. Case Referred to- Venkataramiah vs. Seethamma, AIR 1963 SC 1526. Lawyers Involved: M. Golam Rabbani, Advocate, instructed by Md. Sajjadul Huq, Advocate-on-Record—For the Appellant. Ex-Parte—For ......aside. The appellants are given the liberty to adduce additional evidence before the Appellate Court below. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 6. ......aside. The appellants are given the liberty to adduce additional evidence before the Appellate Court below. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 6. ......aside. The appellants are given the liberty to adduce additional evidence before the Appellate Court below. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 6. ..

Category: Property Law | Date: | Hits: 52

Mst. Esarunnessa Bibi Vs. Md. Amir Hossain, 1985, 14 CLC (AD)

.... rent over again from the tenant defendant-appellant. The tenant is not a defaulter…………(14 & 15) Lawyer Involved: Khondker Mahbubuddin Ahmed, Senior Advocate (with Mahbubey Alam, Advocate with him), instructed by Syed Sakhawat Ali, Advocate-on-Record—For the Appellants. B.N...... (Civil) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Mst. Esarunnessa Bibi being dead her heirs Amjad Hossain & others……………… Appellants Vs. Md. Amir Hossain………………………………….. Respondents Judgment Septemb....... Judgment and order of the High Court Division are set aside and those of the Appellate Court below are restored. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 1. ....... Judgment and order of the High Court Division are set aside and those of the Appellate Court below are restored. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 1. ..

Category: Property Law | Date: | Hits: 59

Birendra Chandra Saha Vs. Sashi Mohan Saha and others, 1975, 4 CLC (AD)

....ngh vs. Bhagirathi AIR 1966 (SC) 405; Firm Malik Das Raj vs. Firm Peary Lal, AIR 1946 (Lah) 65; Balgangadhar Tilok vs. Srinivash pandit, 42 IA, 135. Lawyers involved: S.R. Pal, Senior Advocate, instructed by A, Backkar, Advocate-on-Record.—For the Appellant. T. H. K......on (Civil) Present: A.M. Sayem CJ M. A. Jabir J Ahsanuddin Chowdhury J Birendra Chandra Saha……………....Appellant. Vs. Sashi Mohan Saha and others…………….....Respondents ......e judgment of the High Court is set aside. The case is sent back on remand for disposal of the appeal in the light of what have been stated above. There will be no order as to costs. Ed. ......e judgment of the High Court is set aside. The case is sent back on remand for disposal of the appeal in the light of what have been stated above. There will be no order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 37

Commissioner of Income tax and another Vs. Zeenat Textile Mills Ltd., 1975, 4 CLC (AD)

....me tax and another... Appellants (In all the Appeals). Vs. Zeenat Textile Mills Ltd. ...Respondents (In all the appeals) Judgment Feb 26, 1974. Lawyers involved: A. Wadud Chowdhury, Advocate, instructed by A. W. Mallik, Advocate-on-Record. — For the Appellants. Aminul Huq, Adv......rt Appellate Division (Civil) Present: A. M. Sayem CJ A.B. Mahmud Husain J Ahsanuddin Choudhury J Commissioner of Income tax and another... Appellants (In all the Appeals). Vs. Zeenat Textile Mills Ltd. ...Respondents (In all the appeals) Judgment Feb 26, 1974. ......s rightly declared by the High Court of East Pakistan to have been made without lawful authority and being of no legal effect. The appeals are dismissed, but with out any order as to costs. Ed. ......s rightly declared by the High Court of East Pakistan to have been made without lawful authority and being of no legal effect. The appeals are dismissed, but with out any order as to costs. Ed. ..

Category: Fiscal/Taxation Law | Date: | Hits: 77

Md. Sona Mia Vs. Collector of Customs, Chittagong and others, 1975, 4 CLC (AD)

....her Vs. K. M. Rajagopalan, A.I.R, 1955 S.C. 817; M/s East Pakistan Lamps Ltd., Dacca Vs. Pakistan and others in Civil Appeal No. 17-D of 1970. Lawyers involved: M.H. Khondkar, Senior Advocate, instructed by S.S. Hoda, Advocate-on-Record For the appellants. Syed Ishtiaq Ahmed......Mahmud Husain J M. A. Jabir J Ahsanuddin Choudhury J Md. Sona Mia alias Sona Mian Sawdagar being dead his heirs, Md. Nurul Islam and others…. Appellants. Vs. The Collector of Customs, Chittagong and others... Respondents (In Civil Appeal Nos. 10......y notice under article 6A (2) of President's Order No. 5 of 1972 has not been served on the Government. So the appeals abated. In the circumstances these appeals abate. Ed. ......y notice under article 6A (2) of President's Order No. 5 of 1972 has not been served on the Government. So the appeals abated. In the circumstances these appeals abate. Ed. ..

Category: Business or Commercial Law | Date: | Hits: 81

Jabed Ali Sarker Vs. Dr. Sultan Ahmed and another, 1975, 4 CLC (AD)

....ent March 17 & 18, 1975. Lawyers involved: Syed lshtiaq Ahmed. Additional Attorney General, M. Nurullah, Advocate, instructed by S. M. Haq, Advocate-on-Record-For the Appellant. Rufiq-ul-Huq, Advo......v respondent No. 1 we find consideration as to whether the burden of proof on the charge of forgery have been duly discharged. 12. It has been held in the case of Abdul Majid and others Vs. Khaiil Ahmed, reported in P.L.D. 1955 F.C. 38 that "the High Court has no jurisdiction to......question of fact and since this has been decided by the Courts below, we find no substance in the contention of the learned Counsel. This appeal is accordingly dismissed with cost. ......question of fact and since this has been decided by the Courts below, we find no substance in the contention of the learned Counsel. This appeal is accordingly dismissed with cost. ..

Category: Business or Commercial Law | Date: | Hits: 113

Governor, Bangladesh Bank & others Vs. Shamsul Huda Khan and another, 1975, 4 CLC (AD)

....est Pakistan Vs. Fida Muhammad Khan, 12 D.L.R. (S.C.) page 50; High Court, Calcutta and another Vs. Amal Kumar Roy and others, A.I.R. 1962 S.C. page 1704. Lawyers involved: S. R. Pal, Senior Advocate with Dr. Ahmed Hossain, Advocate, instructed by Aminul Huq, Advocate-on-Record- For the App......Division (Civil) Present: A. M. Sayem CJ A. B. Mahmud Husain J M. A. Jabir J Ahsanuddin Choudhury J Governor, Bangladesh Bank & others…......Appellant (In all the Appeals). Vs. Shamsul Huda Khan and another……………..Respondents (In C.A. No. 26 of 1974). And ......rightly declared by the High Court Division to be without jurisdiction and of no legal effect. The appeals are dismissed, but without any order as to cost. Ed. This Case is also Reported in: ...... Md. Aboo Abdullah Vs. The Province of East Pakistan, 12 DLR (SC) 211; Government of West Pakistan Vs. Fida Muhammad Khan, 12 D.L.R. (S.C.) page 50; the High Court, Calcutta and another Vs. Amai Kumar Roy, AIR 1962 S.C. page 1704; Government of West Pakistan Vs. Fida Muhammad Khan, 12 D.L.R. ..

Category: Employment/Service Law | Date: | Hits: 87

Badal Rani Misra alias Badal Rani Goswami and others Vs. Bangladesh and others, 1975, 4 CLC (AD)

....Rani Misra alias Badal Rani Goswami and others………..Appellants. Vs. Bangladesh and others …………….Respondents Judgment May 2, 1975. Lawyers involved: S. R. Pal, Senior Advocate, with S. C. Das, Advocate, instructed by A. Rab-II, Advocate-on- Record.—For the Appellan...... Appellate Division (Civil) Present: AM Sayem CJ ABM Husain J MA Jabir J Ahsanuddin Choudhury J Badal Rani Misra alias Badal Rani Goswami and others………..Appellants. Vs. Bangladesh and others …………….Respondents Judgment May 2, 1975. Lawyers inv......d. The case of Gordon, Dadds & co. supports the contention of the learned Attorney-General. There is accordingly no merit in this appeal which is dismissed but without any order as to cost. Ed. ......d. The case of Gordon, Dadds & co. supports the contention of the learned Attorney-General. There is accordingly no merit in this appeal which is dismissed but without any order as to cost. Ed. ..

Category: Property Law | Date: | Hits: 48

Osman Gani Mondal Vs. Mainuddin Ahmed and others, 1974, 3 CLC (AD)

....�………….....Petitioner Vs. Mainuddin Ahmed and others…......Respondents Judgment April 26, 1974. Result: The petition is dismissed. Lawyers involved: Md. Ansar Ali, Advocate, instructed by Mohammad A. Aziz, Advocate-on-Record. —For the Petitioner. Syed Ishtiaq......(1975) 61. ......d by the learned Additional Attorney-General thus succeeds. This petition which was lodged on the 14th day of May, 1973 is dismissed. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 61. ......d by the learned Additional Attorney-General thus succeeds. This petition which was lodged on the 14th day of May, 1973 is dismissed. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 61. ..

Category: Constitutional Law | Date: | Hits: 148

Saokat Ali and others Vs. Shamsun Bibi and others, 1975, 4 CLC (AD)

....4; Umar Din Vs. Fazal Din, PLR 5 Lah. 196; Visheswar Vs. Durgappa, AIR 1940 Bom. 339; Vithoba Kadhar Vs. Madhar jemedar, (1918) ILR 42 Bom. 344. Lawyers involved: Akram Hossain Amin, Advocate—For the Petitioners. Not represented—the Respondents. Civil Peti...... Present: A. M. Sayem CJ A. B. Mahmud Husain J M.A. Jabir J Ahsanuddin Choudhury J Saokat Ali and others…………...Petitioners. Vs. Shamsun Bibi and others……….....Respondents Judgment J......nally. We find no substance in the only contention raised in support of this petition, which is dismissed. Ed. This Case is also Reported in: 17 DLR (AD) (1975) 59. ......nally. We find no substance in the only contention raised in support of this petition, which is dismissed. Ed. This Case is also Reported in: 17 DLR (AD) (1975) 59. ..

Category: Property Law | Date: | Hits: 47

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