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Com. of In. Tax, Dacca Zone, Dacca Vs. M/S. Badridas Full-chand, Saidpur, Rangpur, 1981, 10 CLC (AD)

....y;come-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-on-Record—For the Appellant. Not re......Badrul Haider Chowdhury J Shahabuddin Ahmed J Commissioner of Income Tax, Dacca Zone, Dacca ……………………..Appellant. Vs. M/S. Badridas Full-chand, Saidpur, Rangpur... ……………&h......eal is allowed. The judgment of the High Court Division is hereby set aside and the answer of the question under section 66 (1) must be in the negative. There will be no order as to costs. Ed. ......eal is allowed. The judgment of the High Court Division is hereby set aside and the answer of the question under section 66 (1) must be in the negative. There will be no order as to costs. Ed. ..

Category: Fiscal/Taxation Law | Date: | Hits: 76

Amar Chandra Saha Vs. Ajit Kumar Das, 1981, 10 CLC (AD)

.... 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 the Appellant M. H. Khand......eme Court Appellate Division (Civil) Present: Ahsanuddin Chowdhury J Kemaluddin Hossain J Fazle Munim J Amar Chandra Saha........Appellant. Vs. Ajit Kumar Das.........Respondents Judgment June 10, 1976. Lawyers...... mere fact of payment of rent by the Tenant. We, therefore, find no reason to interfere with the decision of the High Court. The appeal is dismissed with no order as to costs. Ed. ......ppellate Division (Civil) Present: Ahsanuddin Chowdhury J Kemaluddin Hossain J Fazle Munim J Amar Chandra Saha........Appellant. Vs. Ajit Kumar Das.........Respondents Judgment June 10, 1976. Lawyers Involved: ..

Category: Property Law | Date: | Hits: 44

Udaypur Halima Darul Ulum Madrasha and others Vs. Bangladesh, 1981, 10 CLC (AD)

.... Administration and Land Reforms and another……………Respondents Judgment July 29.1980. Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate (N. H. Khondaker, Advocate with him), instructed by Md. Sajjadul Huq, Advocate-on-Record.&...... J Shahabuddin Ahmed J Udaypur Halima Darul Ulum Madrasha and others ……………………………….Appellant. Vs. Bangladesh, represented by the Secretary, Ministry of Land Administration and ......ust succeed. Therefore, the appeal is allowed and the order of the High Court Division is set aside. Let the Government proceed in accordance with law. We make no order as to costs. Ed. ......ust succeed. Therefore, the appeal is allowed and the order of the High Court Division is set aside. Let the Government proceed in accordance with law. We make no order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 93

Jamal Soap Factory, Narayanganj Vs. Commissioner of Income Tax, Dacca Zone, Dacca, 1980, 9 CLC (AD)

.....Appellant. Vs. Commissioner of Income-Tax, Dacca Zone, Dacca..................Respondent Judgment. July 10, 1980. Result: The appeal is allowed. Lawyers Involved: C.R. Ali, Advocate, instructed by Abu Backkar, Advocate-on-Record—For the Appellant. Hubibul Islam Bhui......ppellate Division (Civil) Present: FKMA Munim J Ruhul Islam J Shahabuddin Ahmed J Jamal Soap Factory, Narayanganj……………………………....................Appellant. Vs. Commissioner of Income-Tax, Dacca Zone, Dacca..................Respondent Judgment. J......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. ..

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)

....967) 19 DLR 106; Tanvir Ahmed Siddiky Vs. The Province of East Pakistan (1968)20 DLR (SC) 144. Lawyers Involve: Md. Moksudur Rahman, Dy. Attorney-General, instructed by B. Hossain, Advocate-on- Record —For the Appellants. Ex Parte—Respondent Nos. 1 (a)-1 (d). ......Bangladesh represented by the Deputy Commissioner, Sylhet and others ..........Appellants. Vs. Sri Sri Madan Gopal Jew Bigraha and ors. ...........Respondents. Judgment ...... 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. ...... 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. ..

Category: Property Law | Date: | Hits: 44

S.M. Quddus & ors Vs. Chairman, Labour Court, Ctg. & anr, 1981, 10 CLC (AD)

....ellip;……………………………Respondents Judgment March 7,980. Lawyers Involved: Md. Mozammel Huq, Senior Advocate instructed by Md. S. M. Huq, Advocate-on-Record —For the Petitioner (in all the pet...... 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)

....134—67 I.A. 309; Sunitibala Debi vs. Dhara Sundari Debi Choudhurani (46 I.A. 272), and Kharbuja Kuer vs. Jang Bahadur A. I. R. 1963 S. C. 1203. Lawyers Involved: Khandker Mahbubuddin Ahmed, Advocate, instructed by S.M. Haq, Advocate-on-Record —For the Appellants. A.S.M. Mofakkher, Se...... 1. ......is is a question of fact and hardly arises in this appeal by special leave. For the foregoing reason, we dismiss the appeal with costs. Ed. This Case is also Reported in: 33 DLR (AD) 1. ......is is a question of fact and hardly arises in this appeal by special leave. For the foregoing reason, we dismiss the appeal with costs. Ed. This Case is also Reported in: 33 DLR (AD) 1. ..

Category: Property Law | Date: | Hits: 53

Government of Bangladesh Vs. Md. Abdus Subhan &. others, 1979, 8 CLC (AD)

....fore, forcible eviction of the possessors of such right from the premises is illegal under PO XVI of 1972. Lawyers Involved: Maksudur Rahman, Deputy Attorney-General, instructed by B. Hossain, Advocate-on-Record, —For the Petitioners. Md. Aftab Hossain, Advocate-on-Record. — For the Re...... Ruhul Islam J KM Subhan J Govt. of Bangladesh, represented by the Secretary, Public Works and Urban Development, Secretariat Buildings, Dacca & another………………..Petitioners Vs. Md. Abdus Subhan & others……………...Respondents. Judgment December 14, 1979.......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.......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...

Category: Property Law | Date: | Hits: 67

Abdul Jabbar Khan @ Jabbar Khan & ors Vs. State and another, 1980, 9 CLC (AD)

....ndan Mahton vs. Emperor, 19 Cr.LJ. 263 ; Subal Chandra Nama Das vs. Abdullah Sheikh, 30 CWN 546 ; Jogesh Chandra Sarkar vs Abdul Gani, 18 Cr.LJ. 626. Lawyers Involved: Md. Meser All, Senior Advocate instructed by S.M. Huq, Advocate-on-Record—For the Appellants. Md. Moksudor Rahman, De......Court Appellate Division (Criminal) Present: Kemaluddin Hossain, C J. Ruhul Islam, J., Badrul Haider Chowdhury, J. Abdul Jabbar Khan @ Jabbar Khan & ors ……..Appellants. Vs. State and another.......................................... Respondents Judgment Janua......oned in the original complaint 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 ......oned in the original complaint 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 ..

Category: Criminal Law | Date: | Hits: 60

Bangladesh Vs. Hail Abdul Gani Biswas and others, 1980, 9 CLC (AD)

....y are concluded by the transactions past and closed………..(11) Lawyers Involved: K. A. Bakr Attorney-General, with Abdul Wadud Bhuiyan Assistant Attorney-General, instructed by B. Hossain, Advocate on Record— For the Appellant in all the appeals. Shamsul Huq Chowdhury, Advocate, inst......ent: Kemaluddin Hussain CJ F. K. M. A Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Bangladesh………………………… Appellant in all the appeals Vs. Hail Abdul Gani Biswas and others..................Respondents Judgment March 9, 1980. ......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 ..

Category: Property Law | Date: | Hits: 85

Belayet Hossain and another Vs. Md. Abu Taher and others, 1980, 9 CLC (AD)

....er 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- For the Appellants. Khandker Mahbub...... Supreme Court Appellate Division (Civil) Present: Kemaluddin Hossain CJ Ruhul Islam J Badrul Haider Chowdhury J Belayet Hossain and another.................. Appellants. Vs. Md. Abu Taher and others................... Respondents. Judgment January 16, 1980. ......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. ..

Category: Property Law | Date: | Hits: 55

Wahid Ali and ors Vs. State, 1980, 9 CLC (AD)

.... 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 Appellants. Abdus Sahan, Addi......detained for taking cognizance under Special Powers Act". 3. After hearing the learned Counsel on both sides we find that this case is fully covered by our decision in the case of Seraj Mia Vs. Bangladesh (C. A. 107 of 1977) decided on April 25, 1978. In the Seraj Mia's case it has been he......e the orders of the High Court and that of the Sessions Judge and direct that the proceedings are to continue in accordance with law. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 229 ......e the orders of the High Court and that of the Sessions Judge and direct that the proceedings are to continue in accordance with law. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 229 ..

Category: Criminal Law | Date: | Hits: 33

M/s. Hossain Ahmed Vs. M/s. H. D Hossain & Brothers, 1980, 9 CLC (AD)

....��…..(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, instructed by Md. Shafiqur Rahman Advocate-on-Record—For the Appellant. Syed Ishtia......Civil) Present: Kemaluddin Hossain CJ Ruhul Islam J KM Subhan J Badrul Haider Chowdhury J M/s. Hossain Ahmed represented by its proprietor Hossain Ahmed…… ...Appellant Vs. M/s. H. D Hossain & Brothers represented by its proprietor Md. Delwar Hossain and others. …...... allowed with cost and the order of the High Court Division in staying the operation of the order of the District Judge is set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 223 ...... allowed with cost and the order of the High Court Division in staying the operation of the order of the District Judge is set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 223 ..

Category: Others | Date: | Hits: 94

Nasiruddin Vs. Government of the People's Republic of Bangladesh & ors, 1980, 9 CLC (AD)

....rawal of Martial Law or revocation of the Proclamation shall not relive any right or privilege not in existence at the time of such withdrawal or revocation. Lawyers Involved: T. H. Khan, Senior Advocate, instructed by Sajjadul Huq, Advocate-on-Record—For the Appellant. Abdus Sobhan, Addl.......) 216 ......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 ......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 ..

Category: Constitutional Law | Date: | Hits: 157

Sayed Ali Vs. Sree Gopal Chandra Das and others, 1980, 9 CLC (AD)

....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. Panday, Advocate-on-Record—For the Appella...... (Civil) Present: Kemaluddin Hossain CJ Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Sayed Ali........................................................Appellant. Vs. Sree Gopal Chandra Das and others…….....Respondents Judgment March 11, 1980. Th......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. ..

Category: Procedural Law | Date: | Hits: 96

Abu Taleb Mridha Vs. State, 1980, 9 CLC (AD)

....ences 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-Record — For the Appellant. Abdus Sobhan,......09 ......se and the Court has quashed the proceedings on merit as against that accused. In the result, therefore, this appeal is dismissed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 209 ......se and the Court has quashed the proceedings on merit as against that accused. In the result, therefore, this appeal is dismissed. 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, Establishment Div & ors, 1980, 9 CLC (AD)

....gher 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, Supreme Court, (K. Z. Alam and Zamiruddin Ahmed, Advocates, Supreme Court, with him) ins......e Court Appellate Division (Civil) Present: Kemaluddin Hossain, C. J., Ruhul Islam, J. Badrul Haider Chowdhury, J. Abdur Rashid...... ………………………..Appellant. Vs. Secretary, Ministry of Cabinet Affairs, Establishment Division & ors...........Respondents ......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 ..

Category: Employment/Service Law | Date: | Hits: 70

Bangladesh and ors Vs. Somboon Asavaham, 1980, 9 CLC (AD)

.... Judgment Dec 4. 1979. Lawyers Involved: K. A. Bakr, Attorney-General with Sultan Ahmed, Deputy Attorney-General, and A. W. Bhuiyan, Asstt. Attorney-General, instructed by B.Hossain, Advocate-on-Record—For the Appellants in all the appeals. Asrarul Hossain, Senior Advocate...... Present: Kemaluddin Hossain, CJ Fazle Munim, J Ruhul Islam, J K.M. Subhan, J Badrul Haider Chowdhury, J Bangladesh and ors................... Appellants in all the appeals Vs. Somboon Asavaham ...............Respondent (in C. A. 82 of 1979) Lee Mongkolnimite.............e foregoing reasons, the appeals are allowed with costs. The order of the High Court Division is set aside and the writs are re-called. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 194 ......e foregoing reasons, the appeals are allowed with costs. The order of the High Court Division is set aside and the writs are re-called. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 194 ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 246

Commissioner of Income Tax, (Now Com. of Taxes), Ctg. Vs. Saifuddin A Siddiqui, 1980, 9 CLC (AD)

....d in the coming year in view of the specific allotment of the 2/3 rd of the income in the wakf deed for religious or charitable purposes…………(7) Lawyers Involved: Mozammel Hoque Bhuiyan, Advocate instructed by M. R. Khan, Advocate-on-Record— For the Appellant. Rafiqul Huq, Senior......Present: Kemaluddin Hossain, CJ F. K. M. A. Munim, J Ruhul Islam, J Shahabuddin Ahmed, J Commissioner of Income Tax, (Now Commissioner of Taxes), Chittagong...…….. Appellant. Vs. Saifuddin Ahmed Siddiqui, Mutwalli Waqf Estate of Reazuddin Ahmed Siddiqui, Ctg. ...Responden......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 ..

Category: Fiscal/Taxation Law | Date: | Hits: 85

Afzal Khan Vs. Election Tribunal and Munsif. 3rd Court, Comilla and other , 1980, 9 CLC (AD)

....s 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 Md. Shafiqur Rahman, Advocate-on Record-For the A...... Appellate Division (Civil) Present: Kemaluddin Hossain, CJ Ruhul Islam, J KM. Subhan, J Badrul Haider Chowdhury J Afzal Khan ………………………….Appellant. Vs. Election Tribunal and Munsif. 3rd Court, Comilla and other .......Respondents Judgment ...... 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

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