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Govt. of Bangla­desh Vs. Md. Arshad Ali, 1982, 11 CLC (AD)

....ocate instructed by Serajuddin Ahmed, Advo­cate-on-Record,—For the Respondent. Civil Appeal No. 118 of 1981. From the judgment and order dated April 30, 1981 passed by the High Court Division in Writ Petition No. 760 of 1980. Judgment:    &nb......e sustained. Therefore, the appeal is allowed. The judg­ment and order of the High Court Division are set aside and the writ petition is dismissed. We make no order as to costs. Ed. ..

Category: Criminal Law | Date: | Hits: 171

M/s. Everett Ori­ent Lines Inc. Vs. Commissioner of Income Tax Ctg Zone, Ctg, 1982, 11 CLC (AD)

.... Advocate-on-Record — For the Respondent. Civil Appeal Nos. 129 of 1980 and 130 of 1980.    On appeal from the judgment and order dated 23-6-1980 passed by the High Court Division in Application No. 125/72. Judgment:     &nbs......esult, therefore, both the appeals are allowed. The judgement of the High Court Division is set aside and the orders of the Tribunal are restored. There will be no order as to costs. Ed. ..

Category: Fiscal/Taxation Law | Date: | Hits: 114

Messrs. Haji Noor Ali Sowdagar & Sons Ltd. Vs. Comm. of Sales, Tax, Ctg Zone, 1982, 11 CLC (AD)

....hman, Advocate instructed by Md. Sajjadul Huq, Advocate-on-Record.—For the Respondent. Civil Appeal No, 100 of 1981. From the judgment and order dated 24-6-1980 passed by the High Court Division in Application No. 157 of 1972. Judgment:     ......hy;tention of the assessee cannot be accepted. In my opinion the question has been correctly decided by the High Court Division. Therefore, the appeal is dismissed with costs. Ed. ..

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

Mofizur Rahman Khan Vs. Government of Bangladesh, 1982, 11 CLC (AD)

..... Pal and Syed Ishtiaq Ahmed, Senior Advocates—Amicus Curiae. Civil Appeal Nos. 73, 74 and 124 of 1981 (From the Judgment and Orders dated 27.6.1980 and 27.5.1981 respectively passed by the High Court Division in Writ Petition Nos. 1978 and 103 of 1980.) Judgment Kemaluddin Hossain...... disposed of in these terms, without any cost. In the result, Civil Appeal Nos. 73 and 124 of 1981 are dismissed. No order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) 321. ..

Category: Constitutional Law | Date: | Hits: 188

Abdul Halim Mollah @ Monohar Mollah & anr Vs. Member, App Tribunal Dacca & ors., 1982, 11 CLC (AD)

....General, instructed by B. Hossain, Advocate on Record—For the Respondents. Criminal Appeal No. 18 of 1980. (From the judgment and order dated 3.7.1979 passed by the High Court Division in Writ Petition No. 109 of 1979.) Judgment:  &nb......nion is that such appeal cannot be entertained. I would, therefore, allow the appeal. Order of the Court By the majority judgment the appeal is dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 40

Bangladesh Vs. Md. Misfor Ali and others, 1982, 11 CLC (AD)

....te with him instructed by Syed Sakhawat All, Advocate-on-Record - For the Respondents. Civil Appeal No. 36 of 1981. (From the Judgment and order dated December 7, 1979 passed by the High Court Division in Writ Petition No. 180 of 1978.) Judgment:    &n......ges, the appeal must succeed. Therefore, the appeal is allowed. The judgment of the High Court Division is set aside and the Writ Petition is dismissed. We make no order as to costs. Ed. ..

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

Commissioner of In­come Tax A- Range, Chittagong Vs. Harendra Kumar Sil and others, 1982, 11 CLC (AD)

.... by Abu Backkar, Advocate-on Re­cord—For the Respondent (In Civil Appeal No. 50 of 1981). Civil Appeal Nos. 34 and 50 of 1980. (From the judgment and orders dated July 2, 1980 passed by the High Court Division in Application Nos. 10 of 1977 and 11 of 1978 respectively.) Judgment Ruhu......dgment and order by the High Court Division are set aside. The appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 34 DLR (AD)(1982) 298; 3 BLD (AD) 1983, 48. ..

Category: Fiscal/Taxation Law | Date: | Hits: 100

Bangladesh Vs. Md. Matiur Rahman, 1982, 11 CLC (AD)

....with him instructed by Md. Aftab Hossain, Advocate-on-Record. —For the Respondent. Civil Appeal No. 121 of 1981 (From the judgment and order dated 3rd April, 1981 passed by the High Court Division in Writ Petition No. 572 of 1980). Judgment:    &n......ourt Division is set aside and the Writ Petition is dismissed with the modification that; the punishment is altered   to compulsory retire­ment. No order as to costs. Ed. ..

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

Rajan Miah Vs. Abdur Rashid and ano­ther, 1982, 11 CLC (AD)

....nstructed by Syed Sakhawat Ali, Advocate-on-Record.—For the Respondent No. 1. Civil Appeal No. 75 of 1981. (On appeal from the judgment and order dated 27.1.1978 passed by the High Court Division in Second Appeal No. 467 of 1978.) Judgment:    &n...... of the trial court judgment by the appellate Court below was justified and the plaintiff is not entitled to any relief. In the result, therefore, this appeal is dismissed with cost. Ed. ..

Category: Property Law | Date: | Hits: 47

Commissioner of Income Tax Vs. Chowdhury Ramzan Ali and another, 1982, 11 CLC (AD)

...., Advocate, instructed by Abu Backkar, Advocate-on-Record.—For the Res­pondent No. 1. Civil Appeal No. 31 of 1978. (From the judgment and order dated 16.2.77 passed by the High Court in Appeal No. 6 of 1968) Judgment:       &nbs......ed without any order as to costs. The orders of the Court below are set aside, the proceed­ings of claims of the appellant before the Company Judge will proceed according to law. Ed. ..

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

Hajee Khabiruddin Ahmed Vs. Md. Salam Kabir, 1982, 11 CLC (AD)

....-on-Record.— For the Appellant. Syed Sakhawat Ali, Advocate-on-Record. — For the Respondent. Civil Appeal No. 139 of 1981. From the judgment and Decree dated June 25, 1981 passed by the High Court Division in First Appeal No. 122 of 1976. Judgment: Fazle Munim J.-This appeal ar......ter the lapse of a reasonable time. For the reason stated above, the appeal is allowed with costs. The judgment of the High Court Division is set aside and that of the trial court restored. Ed. ..

Category: Tenancy Law | Date: | Hits: 67

Rokeya Khatun Vs. Alijan @ Alijan Bepari and ors., 1982, 11 CLC (AD)

....ior Advocate, instructed by Md. Sajjadul Huq, Advocate-on-Record —For the Respondent No. 1. Civil Appeal 140 of 1980. (From the judgment and decree dated 16.3.76 passed by the High Court Division in Second Appeal No. 941 of 1967). Judgment:    &nb......he modifi­cation that the suit is decreed in part in favour of the appellant to the extent of the 1/3 rd share in the suit property. Respondent No. 1 is to pay cost of the appeal. Ed. ..

Category: Property Law | Date: | Hits: 57

East Pakistan (now Bangladesh) Agricultural University, Mymensingh and others Vs. Md. Abdul Hye Bhuiyan, 1981, 10 CLC (AD)

...., Advocate with him, instructed by S M Huq, Advocate on-Record — For the Respondents. Civil Appeal No. 16 of 1980. (From the Judgment and Decree dated February 28, 1979 passed by the High Court Division in Second Appeal No. 160 of 1979.) Judgment Fazle Munim J.—This......persona! hearing has, in any way, prejudiced the respondent. For the reasons stated above, the appeal is allowed but without any order as to costs. Ed. This Case is also Reported in: ..

Category: Employment/Service Law | Date: | Hits: 109

Abu Bakkar Vs. Nazir Ahmed, 1982, 11 CLC (AD)

....vocate on-Record—For the Appellant. Faruque Ahmed, Advocate-on-Record—For the Respondent. Civil Appeal No. 103 of 1981. (From the Judgment and decree dated 9 December, 1980 passed by the High Court Division in Second Appeal No. 648 of 1967.) Judgment Shahabuddin Ahmed J.—This i......sion are set aside and those of the lower appellate court are restored. The respondent shall pay costs of the appeal to the appellant. Ed. This Case is also Reported in: 34 DLR (AD)(1982) 237. ..

Category: Property Law | Date: | Hits: 58

Khondker Moshtaque Ahmed Vs. Bangladesh, 1982, 11 CLC (AD)

....structed by B. Hossain Advocate-on-Record—For the Respondent (In both the appeals). Criminal Appeal Nos. 11 & 12 of 1981 (From the Judgment and Order dated 29th July, 1981 passed by the High Court Division in Writ Petition Nos. 928 and 929 of 1979) Judgment Badrul Haider Chowd......w Court and the order of Government on review are set aside, The orders of convic­tion passed on the appellant ate hereby quashed. Ed. This Case is also Reported in: 34 DLR (AD) (1982) 222. ..

Category: Criminal Law | Date: | Hits: 287

Lebu Mia Vs. Ganesh Chandra Nath and others, 1982, 11 CLC (AD)

....ssain, Advocate-on-Record—For the Appellant. Miah A. Gafur, Advocate-on-Record—For the Respondent 1. Civil Appeal No. 97 of 1981 (Form the Judgment and Order dated 30-1-81 passed by the High Court Division in Civil Revision Case No. 333 of 1977). Judgment Kemaluddin Hossain CJ.- ......al below and remit the case back to the said Court of appeal below for its disposal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) 220...

Category: Property Law | Date: | Hits: 65

Haji Tajamal Ali being dead his heirs: Kamarunnesa & ors. Vs. Abdus Sattar & ors, 1982, 11 CLC (AD)

....—For the Appellants. Md, Aftab Hossain, Advocate on- Record.-For the Respondents. Civil Appeal No.15 of 1982. (From the judgment and order dated 1-12-1977 pasted by the High Court Division in Civil Revision Case No 1583 of 1976. Judgment:   &nb......iguity" within the meaning of section 9 of the State Acquisition and Tenancy Act. 8.  In the result, the appeal is dismissed without, however, any order as to cost. Ed. ..

Category: Property Law | Date: | Hits: 66

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

....vernment of Bangladesh………………………………………Appellant. Vs. Hon'ble Judge, Prize Court, High Court Division, Supreme Court Building, Dacca …………….. Respo......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)

.... Khan, Advocate, instructed by A. Baset Majumder, Advocate-on-Record—For the Respondent. Civil Appeal No. 111 of 1981 (From the judgment and order dated 7.7.1981 passed by the High Court Division in Civil Revision No. 1034 of 1980). Judgment:    &......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)

.... a Court or tribunal established under law relating to the disciplined force, he is debarred from invoking the writ jurisdiction unless it is coram non judice or mala fide. Cases Referred To- High Commissioner for India vs. I. M. Lall, AIR 1948 PC 121; Khandker Ehteshamuddin Ahmed Vs. State ...... 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