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Md. Deser Ali Vs. Bangladesh and ors., 1982, 11 CLC (AD)

....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. ......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...... Appellate Division (Civil) Present: Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Md. Deser Ali ………..................................Appellant ......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)

.... 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. ......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......Court Appellate Division (Civil) Present: Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J  Badrul Haider Chowdhury J Shahabuddin Ahmed J Commissioner of Taxes, Chittagong Zone, Chittagong…………&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. ..

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

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

....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. ......hellip;…………………………..Respondents Judgment November 2, 1981. Lawyers Involved: Rafiqur Rahman, Senior Advocate, instructed by Gazi Abdul Mannan, Advocate-on-Record— For the Appellant. Md. ......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)

....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. ......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. ......preme Court Appellate Division (Civil) Present: Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Commissioner of Income Tax, Dacca ………………&h......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)

....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. ......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......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)

....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. ....... 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...... Judgment Nov. 19, 1981. 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-Recor......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. ..

Category: Property Law | Date: | Hits: 65

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

....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. ......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...... 31, 1945. He remarked that it is no doubt true that Kanchan Munshi was an enterprising man but he was exhausted and had no means to pay as claimed by the defendant. Exhibit 19 shows that one Kamal Ahmed sued Karimunnessa Bibi, wife of Kanchan Munshi to recover Rs. 3.000/- and odd being the amo&s......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)

....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. ......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......e Division (Criminal) Present: Kemaluddin Hossain CJ F. K. M. A.    Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Habibur Rahman……………………&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. ..

Category: Criminal Law | Date: | Hits: 46

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

....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. ......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 ...... 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………………………….Res......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)

....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. ......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......nnot 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, Advocate-on-Record.—For the Respondent No. 2. Not represented—Respondent No. 1. K......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

Mrs. H Mansur & ors Vs. Sec. Min. of Pub. Works & Urban Dev., Pub. Works Div, GoB, 1982, 11 CLC (AD)

....ed with costs. The order of the High Court Division is set aside, and the impugned order of cancellation of the lease deed declared to have been passed without any lawful authority. Ed. ......29 DLR 181; D. F. O. South Kheri vs. Ram Sanchi Singh, AIR 1973 (SC) 205; K. N. Guruswamy's case, (1955) 1 SCR 305 : (A.I.R. 1954 S.C. 592). Lawyers Involved: Rafique-ul-Huq, Senior Advocate, with T. Islam, Advocate, instructed by Md. Sajjadul Huq, Advocate-on-Record.—For th......ed with costs. The order of the High Court Division is set aside, and the impugned order of cancellation of the lease deed declared to have been passed without any lawful authority. Ed. ......ed with costs. The order of the High Court Division is set aside, and the impugned order of cancellation of the lease deed declared to have been passed without any lawful authority. Ed. ..

Category: Property Law | Date: | Hits: 53

Assessing Officer, Narayangonj Range and others Vs. Burmah Eastern Ltd., 1981, 10 CLC (AD)

....at the High Court Divi­sion has rightly held that the Writ Petition was maintainable. For the aforesaid reasons this appeal is dismissed but without cost. Ed. This Case is also Reported in:......nuary 22, 1981. Result: The appeal is dismissed. Lawyers Involved Abdus Sobhan Additional Attorney General, Matiur Rahman, Assistant Attorney General with him, instructed by B. Hossain, Advocate on-Record (absent)—For the Appellants. Altaf Hossain, Advocate, Jaynal Abedin, Advoca......e aforesaid reasons this appeal is dismissed but without cost. Ed. This Case is also Reported in:......at the High Court Divi­sion has rightly held that the Writ Petition was maintainable. For the aforesaid reasons this appeal is dismissed but without cost. Ed. This Case is also Reported in:..

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

GM, Bangladesh Tea In­dustry Management Committee Vs. F.H. Chowdhury & anr, 1982 , 11 CLC (AD)

....t the relationship between the parties was that of Master and Servant may not be unqualified. In the result, therefore, this appeal is dismissed without any order as to costs. Ed. ...... Case Referred To- Nokes vs. Doncaster Amalgamated Collie­ries Limited. A.E.L.R. 40 Vol. 3 p. 549. Judgment August 11, 1981. Lawyers Involved: T, Islam, Advocate, instructed by B, Hossain, Advocate-on Record.—For the Appellants Syed Ishti......ny order as to costs. Ed. ......t the relationship between the parties was that of Master and Servant may not be unqualified. In the result, therefore, this appeal is dismissed without any order as to costs. Ed. ..

Category: Employment/Service Law | Date: | Hits: 92

Zahirul Huq Vs. Ejamul Huq and others, 1982, 11 CLC (AD)

....rom the due process of law. With this observation this appeal is allow­ed without any order as to costs, the order of the High Court Division is set aside and the writ petition dismissed. Ed. ......€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦..Appellant Vs. Ejamul Huq and others……...................Respondents Judgment June 30, 1981. Lawyers Involved: Abdul Malek, Senior Advocate, instructed by Syed Sakhawat AH. Advocate-on-Record. - For the Appellant. N. H. Khandker......der of the High Court Division is set aside and the writ petition dismissed. Ed. ......rom the due process of law. With this observation this appeal is allow­ed without any order as to costs, the order of the High Court Division is set aside and the writ petition dismissed. Ed. ..

Category: Tenancy Law | Date: | Hits: 93

Sonali Bank Vs. Abdul Mannan and others, 1981, 10 CLC (AD)

....ecame a debtor. The High Court Division has rightly issued the writ. In the result, therefore, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: ...... Vs. Abdul Mannan and others..............................Respondents Judgment February 24, 1981. Result: The appeal is dismissed. Lawyers Involved: Asrarul Hossain, Senior Advocate, instruc­ted by Syed Sakhwat Ali, Advocate-on-Record—For the Appellant. Md. Nurul Hu......ecame a debtor. The High Court Division has rightly issued the writ. In the result, therefore, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: ......ecame a debtor. The High Court Division has rightly issued the writ. In the result, therefore, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: ..

Category: Banking Law | Date: | Hits: 129

Shamsul Alam Vs. Superintendent of Police, Bangladesh Railway and other, 1981, 10 CLC (AD)

....ting period without any other fact or circumstances does not confer on the person so officiating any substantive right. In this view of the matter this petition is dismissed. Ed. ......e, Bangladesh Railway and other…………………….Respondents Judgment April 5, 1977. Lawyers Involved: T. H. Khan, Senior Advocate, with M.A. Baqui Mallik, Advocate, instructed by M.R. Khan, Advocate-on-Record—For t......ting period without any other fact or circumstances does not confer on the person so officiating any substantive right. In this view of the matter this petition is dismissed. Ed. ......ting period without any other fact or circumstances does not confer on the person so officiating any substantive right. In this view of the matter this petition is dismissed. Ed. ..

Category: Employment/Service Law | Date: | Hits: 83

James Finlay and Co. Ltd. Vs. Chairman, Second Labour Court, Dacca and another, 1981, 10 CLC (AD)

....tion 25 of the Act and Civil Appeal Nos. 46 and 47 of 1978 are "disposed of accordingly and will abide by the decisions of the Labour Court. There will be no order as to costs. Ed. ...... Factory W.P.N. 397 of 1974, Rats vs. National Arbitration Tribunal, 1948 I.EB. 424, Joblr vs. Middlesex County Coun­cil (1949) I.K.B. Lawyers Involved Syed Ishtiaq Ahmed, Senior Advocate with Altaf Hossain and A.W. Bhuiyan, Advocates, instructed by A. Rab-II, Advocate on Recor......cuit and Bread Factory W.P.N. 397 of 1974, Rats vs. National Arbitration Tribunal, 1948 I.EB. 424, Joblr vs. Middlesex County Coun­cil (1949) I.K.B. Lawyers Involved Syed Ishtiaq Ahmed, Senior Advocate with Altaf Hossain and A.W. Bhuiyan, Advocates, instructed by A. Rab-II, Adv......tion 25 of the Act and Civil Appeal Nos. 46 and 47 of 1978 are "disposed of accordingly and will abide by the decisions of the Labour Court. There will be no order as to costs. Ed. ..

Category: Labour and Industrial Law | Date: | Hits: 91

Profulla Kumar Chakraborty Vs. Anil Proshad Chowdhury and others, 1981, 10 CLC (AD)

....f default as set out in Ramjan Ali's case. Looked at from any standpoint, the defence of the tenant appellant does not stand. For the reasons stated above the appeal is dismissed with cost. Ed. ...... and others.......................Respondents Judgment February 6, 1980. Case Referred to- Ramjan Ali Mistry v. Md. Hedeyetulla (1979) 31DLR (AD) 183. Lawyers Involved: B.C. Pandey, Advocate-on-Record—For the Appellant. B.B. Roy Chowdhury, Advocate, instructed by A. Rab-II, Ad......f default as set out in Ramjan Ali's case. Looked at from any standpoint, the defence of the tenant appellant does not stand. For the reasons stated above the appeal is dismissed with cost. Ed. ......f default as set out in Ramjan Ali's case. Looked at from any standpoint, the defence of the tenant appellant does not stand. For the reasons stated above the appeal is dismissed with cost. Ed. ..

Category: Tenancy Law | Date: | Hits: 116

Promode Ranjan Saha and others Vs. Govt. of Bangladesh and another, 1981, 10 CLC (AD)

.... President's Order No. 90 of 1972 and accordingly, the appeal and the suit have abated. The appeal is accordingly dismissed it having abated but without any order as to costs. Ed. ......5, 1980. Case Referred to- People's Republic of Bangladesh Vs. Sri Madan Gopal Jew Bigraha (Civil Appeal No. 46 of 1979). Lawyers Involved: Khondker Mahbubuddin Ahmed, Advocate, instructed by A. Rab-II, Advocate-on-Record— For the Appellants. Abdus Sobh...... ...... President's Order No. 90 of 1972 and accordingly, the appeal and the suit have abated. The appeal is accordingly dismissed it having abated but without any order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 66

Abdul Quddus Vs. Sec., Cabinet Secretariat. Establishment Div., Govt. of BD & ors, 1981, 10 CLC (AD)

....in the negative. In the result, therefore, this appeal is allowed and the impugned order is declared to be of no lawful authority. However, there will be no order as to costs. Ed. ......of Bangladesh and others... …………………..Respondents Judgment February 25, 1980. Lawyers Involved: Asrarul Hossain, Senior Advocate with Md. Rafiqul Islam, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record&mdash......Aftab Hossain, Advocate-on-Record—For the Appellant. Abdus Sobhan, Additional Attorney-General, instructed by M.R.Khan, Advocate-on-Record —For Respondent No. 1. Shafique Ahmed, Advocate, instructed by Syed Sakhawat Ali, Advocate-on-Record—For Respondents 2 & ......in the negative. In the result, therefore, this appeal is allowed and the impugned order is declared to be of no lawful authority. However, there will be no order as to costs. Ed. ..

Category: Employment/Service Law | Date: | Hits: 94