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Bangladesh Vs. Hon'ble Judge, Prize Court, HCD, Supreme Court Building, Dacca, 1982, 11 CLC (AD)

....ellip;….. Respondents Judgment Feb. 23, 1982. Lawyers Involved: K. A. Bakr, Attorney-General with A. W. Bhuiyan Deputy Attorney-General, instructed by M R. Khan, Advocate-on-Record—For the Appellant. Rafiqul Huq, Senior Advocate instructed by Syed ......ry of Law and Parliamentary Affairs, Government of Bangladesh………………………………………Appellant. Vs. Hon'ble Judge, Prize Court, High Court Division, Supreme Court Building, Dacca …&......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. ......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. ..

Category: Others | Date: | Hits: 116

Abdul Hamid Vs. Abdul Jabbar , 1982, 11 CLC (AD)

....hellip;……………………………... Respondents Judgment Feb. 18, 1982. Lawyers Involved: SM. Zillul Huq Advocate, Supreme Court instructed by Md Aftab Hossain, Advocate on Record.—For the Appellant...... Haider Chowdhury J Shahabuddin Ahmed J Abdul Hamid…………………………………….. Appellant Vs. Abdul Jabbar………………………&hell......o this modification the appeal is allowed, the order of the High Court Division is set aside and that of the Subordinate Judge is restored. There will be no order as to costs. Ed. ......o this modification the appeal is allowed, the order of the High Court Division is set aside and that of the Subordinate Judge is restored. There will be no order as to costs. Ed. ..

Category: Civil Law | Date: | Hits: 82

Bangladesh & others Vs. A. K. M. Zahangir Hossain, 1981, 10 CLC (AD)

....ingh, AIR 1954 SC 520; Royal Aquarium Vs. Parkinson 1892 (1) CB 436 (466). Lawyers Involved: K. A. Bakr, Attorney-General, with A.W. Bhuiyan, Deputy Attorney-General, instructed by M.R. Khan, Advocate-on-Record—For the Appellants (In Civil Appeal No. 134 of 1978 & Civil Appeal No. 126 ...... Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Bangladesh & others…………………………………….Appellants Vs. A. K. M. Zahangir Hossain………………………………………………... Responden...... member of the said 'disciplined force' if he has been illegally dismissed, removed, discharged, reduced in rank or com­pulsorily retired. Ed. This Case is also Reported in: 34 DLR (AD) 173. ...... member of the said 'disciplined force' if he has been illegally dismissed, removed, discharged, reduced in rank or com­pulsorily retired. Ed. This Case is also Reported in: 34 DLR (AD) 173. ..

Category: Constitutional Law | Date: | Hits: 188

General Manager Jamuna Oil Com­pany Ltd. Vs. Golap Rahman & another, 1982, 11 CLC (AD)

....27 DLR 158; Aminul Islam vs. James Finlay, (1974) 26 DLR (SC) 33; Project-in-Charge, Paruma Ltd., vs. Aminur Rahman Khan, (1979) 31 DLR 124. Lawyers Involved: Asrarul Hossain, Senior Advocate (Abdul Azim, Advocate with him) Instructed by Syed Sakhawat Ali, Advocate-on-Record—...... F.K.M.A. Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J General Manager Jamuna Oil Com­pany Ltd........................Appellant Vs. Golap Rahman & another….......................... Respondent Judgment......dinance shows that the Court itself either cannot compel the attendance of such member or extract his advice. For the reasons stated above, the appeal is dismissed with costs. Ed. ......dinance shows that the Court itself either cannot compel the attendance of such member or extract his advice. For the reasons stated above, the appeal is dismissed with costs. Ed. ..

Category: Labour and Industrial Law | Date: | Hits: 97

Bangladesh Vs. Winifred Rubi & ors., 1982, 11 CLC (AD)

....hellip;..Respondents Judgment Feb. 24, 1982. Lawyers Involved: K. A, Bakr, Attorney General, A.W. Bhuiyan, Deputy Attorney General, with him, instructed by B. Hossain, Advocate-on-Record—For the Appellants, Rafiqur Rahman, Senior Advocate, Md. Nurul Huq,...... 7. In the result, therefore, this appeal is allowed. And the Judgement of the High Court Division are set aside and the writ petition is dismissed. There will be no order as to cost. Ed. ...... 7. In the result, therefore, this appeal is allowed. And the Judgement of the High Court Division are set aside and the writ petition is dismissed. There will be no order as to cost. Ed. ...... 7. In the result, therefore, this appeal is allowed. And the Judgement of the High Court Division are set aside and the writ petition is dismissed. There will be no order as to cost. Ed. ..

Category: Property Law | Date: | Hits: 65

Md. Habibur Rahman & ors. Vs. Hasen Ali Mondal and others, 1982, 11 CLC (AD)

....Respondents Judgment April 2, 1980. Case Referred to- Azizul Molla vs. Taher Ali Sarder (1980) 32 DLR (AD) 61. Lawyers Involved: Md, Fazlul Karim, Senior Advocate, Mahbubey Alam, Advocate with him, instructed by B.C. Panday Advocate-on-Record—For ...... Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Md. Habibur Rahman & ors………………………. Appellants Vs. Hasen Ali Mondal and others…………………... R......atal so as to nullify the notification issued on February 4, 1980. The appeal is allowed. The order of the High Court Division is set aside and the Writ Petition dismissed. No costs. Ed. ......atal so as to nullify the notification issued on February 4, 1980. The appeal is allowed. The order of the High Court Division is set aside and the Writ Petition dismissed. No costs. Ed. ..

Category: Employment/Service Law | Date: | Hits: 100

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

....if of First Court at Khulna & Election Tribunal and others....................... Respondents Judgment June 19, 1981. Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate, Sup­reme Court, (M/S Zamiruddin Ahmed, K. Z. Alam and Mahmudul Islam, Advocate, Supre......Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Md. Enayet Ali…………………………...Appellant. Vs. Munsif of First Court at Khulna & Election Tribunal and others............................ 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. ...... 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. ..

Category: Election Law | Date: | Hits: 121

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

....ellip;…………………………….Respondents Judgment Jan. 4, 1982. Lawyers Involved: Dr. Aleem-Al-Razee, Advocate instructed by Aminul Hug, Advocate-on-Record—For the Appellant. K. A. Bakr, A......aider Chowdhury J Shahabuddin Ahmed J Haripada Biswas …………………………………….Appellant Vs. State & another ……………………&hell...... 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. ...... 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. ..

Category: Criminal Law | Date: | Hits: 61

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

....ll 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 Hossain, Advocate-on-Record......­dhury J Shahabuddin Ahmed J Jamil Huq and 11 others……………….Petitioners (In Petition Nos. 65/81 66/81, 67/81, 68/81, 69/81, 70/81, 71/81, 72/81, 73/81, 74/81, 75/81, and 76/81) Vs. Bangladesh and others................................Respondent Judgment September 2......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: ......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: ..

Category: Constitutional Law | Date: | Hits: 327

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

....Vs. Baxendale 1854, 9 Ex. 341; United States vs. Middleinn, 1924, 3 Fed Rep (2nd) 384; Monarach SS Co. Vs. A/B Carlshons, 1949 All LR Vol. J page 1. Lawyers Involved: Dr. Kamal Hossain, Senior Advocate, with Shah Abu Nayeem, Advocate, instructed by A. Backkar, Advocate-on-Record—For the Res...... Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J BH Chowdhury J Shahabuddin Ahmed J Al-Sayar Navigation Co……………………Appellants (In Civil Appeal No. 15 of 1981). Vs. Delta International Traders Ltd. and others……………………. Respondent And De......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)

....ellip;……………………..Respondents Judgment November 27, 1980 Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate, with Zamiruddin Ahmed, and K. Z. Alam, Advocates instructed by Md. Aftab Hossain, Advoca......J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Md. Deser Ali ………..................................Appellant  Vs. Bangladesh and ors……………………&hel......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)

....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. R......; Badrul Haider Chowdhury J Shahabuddin Ahmed J Commissioner of Taxes, Chittagong Zone, Chittagong…………………...Appellant Vs. M/s Free School Street Properties, Ltd………………&h...... 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. ...... 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. ..

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

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

....hellip;…………………………..Respondents Judgment November 2, 1981. Lawyers Involved: Rafiqur Rahman, Senior Advocate, instructed by Gazi Abdul Mannan, Advocate-on-Record— For the Appellant. Md. ......ossain CJ Ruhul Islam J Badrul Haider Chowdhury J Ranabir Purkayastha @ Bhanu………………………….Appellant Vs. Alekjan Bibi and ors……………………&hell......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. ..

Category: Criminal Law | Date: | Hits: 39

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

....eferred 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 Appellant. ......lam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Commissioner of Income Tax, Dacca ……………………….Appellant Vs. Adamjee Sons Ltd...............................................Respondents Judgm......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. ......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. ..

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

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

....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-Record,—For the Appellant. Rafique-ul-H......aluddin Hossain CJ    Fazle Munim J  Ruhul Islam J Badrul Haider Chowdhury J Commissioner of Income Tax.........................Appellant Vs. Mrs. Masuda Khatun……………………&hellip......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. ......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. ..

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

Ramesh Chandra Dutta Vs. Nimai Kumar Dutta and ors, 1982, 11 CLC (AD)

..... Case Referred to- Randhi Appalaswami vs. Randhi Surjanarayanmurti, 52 C.W.N. (P. C.) 505. Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advo­cate B K, Das, Advocate, with him instructed by A. Rab-II, Advocate-on-Record—For the Petitioner. Fro...... J Ruhul Islam J Ramesh Chandra Dutta………………………………………….Petitioner Vs. Nimai Kumar Dutta and ors…………………&hellip......ers had any independent income to acquire, the presumption of jointness is not reversed. That being the position we do not find any merit in this review petition, which is dismissed. Ed. ......Islam J Ramesh Chandra Dutta………………………………………….Petitioner Vs. Nimai Kumar Dutta and ors…………………………&..

Category: Property Law | Date: | Hits: 65

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

....dian Appeal 53; Imambandi Begum vs. Kumleshwari Pershad (1886) L.R. 13 LA. 160; Ram Narain vs. Muhammad Hadi (1898) L.R. 26 1. A. 38.  Lawyers Involved: M. H. Khondaker, Senior Advocate, (M/s, Azizur Rahman Chowdhury and Fazlul Huq, Advocates, with him), instructed by Md. Saj...... Islam J Badrul Haider Chowdhury J Shahabuddin Ah­med J Nurjahan Begum, wife of Mahmudur Rahman………...................................Appellant Vs. Mahmudur Rahman Mullick being dead his heirs and legal representatives:- Musammat Nurja......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. ......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. ..

Category: Property Law | Date: | Hits: 448

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

....ip;…………………………Respondent (in both the appeals) Judgment June 15. 1981. Lawyers Involved: Aminul Huq, Advocate on Record -For the Appellant (in both the appeals) Md. Moksudor Rahman, Deputy Att......J Badrul Haider Chowdhury J Shahabuddin Ahmed J Habibur Rahman………………………...Appellant (in both the appeals) Vs. The State………………………&hellip......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. ......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. ..

Category: Criminal Law | Date: | Hits: 46

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

....acco Company Limited, 1916 (2) CA, 426; Loch Vs. John Blackwood Ltd, 1924 (A.C) 783; Ebrahimi V. Westbourne Galleries Ltd. 1912 (2) All. E. R 492. Lawyers Involved: K. A. Bakr, Senior Advocate, with Ataur Rahman Khan, Advocate, instructed by B. Hossain, Advocate-on-Record—For ...... Present: Kemaluddin Hossain C.J Chowdhury A. T. M Masud J A.F.M. Abdur Rahman Chowdhury J Bengal Water Ways Ltd. and other.................Appellants Vs. Rahimuddin Ahmed and others…………………&helli......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. ......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. ..

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

Chairman, D. I. T and another Vs. Chairman, 2nd Labour Court and another, 1981, 10 CLC (AD)

....tion 18 of the Standing Orders Act was unjustified and any privilege granted by the Act cannot be claimed by an employee of the D.I.T……………(10) Lawyers Involved: Amir Hossain Khondker, Advocate, instruc­ted by S M, Huq, Advocate-on-Record.—For the Appellants. Faruque Ahmed, Adv......ivil) Present: Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Chairman, D. I. T and another.......................................Petitioner Vs. Chairman, 2nd Labour Court and another.............................. Respondents Judgmen......gh Court Division and the Labour Court are set aside, and the petition before the Labour Court dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) 37. ......gh Court Division and the Labour Court are set aside, and the petition before the Labour Court dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) 37. ..

Category: Labour and Industrial Law | Date: | Hits: 108