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Comilla Electric SupÂply Ltd. Vs. Commissioner of Income Tax, Chittagong Zone, 1982, 11 CLC (AD)
....o proviÂsion for compulsory acquisition as has been the case in our law in 1962. Therefore, these decisions are of no assistance to the appellant. 15. The learned Counsel also referred to a Privy Council decision reported in 1927. A.C. 327. This decision has no manner of application. Their Lords......Income Tax Authority was perfectly correct in making the assessment. In the result, therefore, this appeal is dismissed with costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 112. ..Category: Fiscal/Taxation Law | Date: | Hits: 80
Sree Shushil Ranjan Dutta Vs. Al-Haj Moulvi Idris Mia, 1986, 15 CLC (AD)
....date of the institution of the suit, and will be operative from that date." Necessarily in this case the amendment will be within time, inasmuch as the pre-emption petition was within time. The Privy Council even went further to observe that amendment of the pleadÂings can be allowed even when a le......result, therefore, these appeals are alÂlowed. The judgment and order of the High Court Division are set aside. No order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 110. ..Category: Procedural Law | Date: | Hits: 84
Sonali Bank Vs. Mahbubul Amin and another, 1989, 18 CLC (AD)
....nd thus the prayer for interest from date of the suit was allowed by the court and that concludes the matter………………(15 & 16) Cases Referred to— Seth Manakchand, AIR 1944 Privy Council 46; AIR 1924 Madras 102; AIR 1931 Madras 650; AIR 1940 Madras 29. Lawyers Involved: As......sion upon correct view of the law and fact discharged the rule. The appeal is, accordingly, disÂmissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 107. ..Category: Civil Law | Date: | Hits: 113
Government of Bangladesh Vs. Basharatullah, 1989, 18 CLC (AD)
.... 1975 Allahabad 202; AIR 1976 PunÂjab 279; AIR 1971 (SC) 306, AIR 1978 Mad. 201; AIR 1988 Bombay 18; Md. Ismail Vs. The Province of East Pakistan 16 DLR (SC) 438; Seth Manakchand AIR (II) 1944 Privy Council 46; Abdul Gafur Khan Vs. GovÂernment of Bangladesh, 1984 BLD (AD) 283. Lawyers Involved:......the purpose of compensation in the case of this plaintiff-respondent only, should be the date of the personal notice, that is, 12.4.73. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 91. ..Category: Property Law | Date: | Hits: 38
Moulana Abdul Matin Vs. Oli Ullah Khan and ors., 1990, 19 CLC (AD)
....gement and order of the High Court Division, passed in Writ Petition No. 264 of 1988, is set aside and the Writ is re-called. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 76. ......ition No. 264 of 1988 making the Rule absolute. In that petition responÂdent No. 1, Oli Ullah Khan, challenged an order dated 1.4.1988 of the Election Commission directing to hold re-election in two Centres namely, Rajapur PriÂmary School Centre and Ultarda High School Centre of No. 11 Uttarda Uni..Category: Election Law | Date: | Hits: 111
Shah Alam Mollah (Md) Vs. Election Commission Sher-e-Bangla Nagar, Dhaka & others, 1989, 18 CLC (AD)
....pellant. In any view of the matter, there is no merit in this appeal which is, accordingly, dismissed without any order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 73. ......ents 4-6-for chairmanship of No.8 Munshirhat Union Parishad within Upazila Chauddagram, DisÂtrict Comilla. The election was held on 10.2.88. Dispute arose over election at the Munshirhat High School Centre in Ward No. 3 According to the apÂpellant there was no peaceful election in the said centre ..Category: Election Law | Date: | Hits: 125
Nurul Islam (Md) Vs. Election CommisÂsion & others, 1989, 18 CLC (AD)
....gment and order of the High Court Division, passed in Writ Petition No. 1120 of 1988, is set aside and the writ is re-called. No costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 71. ......n Writ Petition No. 1120 of 1988. ResponÂdent No. 10, Md. Helaluddin challenged the notice dated 9th April, 1988 (Annexure—C to the writ petiÂtion) directing a re-poll at Rajanagar Primary School Centre, Simulkandi Union Parishad, Upazila Bhairab. 2. After considering the report of the Presid..Category: Election Law | Date: | Hits: 114
Shah Alam and ors. Vs. State, 1990, 19 CLC (AD)
.... Judgment March 20, 1989. The Code of Criminal Procedure, 1898 (V of 1898), sections 417, 418 & 423 The High Court Division made no departure from the principles enunciated by the Privy Council, Indian and Pakistan Supreme Courts in pointing out that both law and fact were common causa...... doubt. In the result, therefore, I would dismiss this apÂpeal. ORDER OF COURT By a majority decision the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 31 ..Category: Criminal Law | Date: | Hits: 52
Begum Motia Akhtar Khanam Vs. Shawkat Ara and Others, 1989, 18 CLC (AD)
....on to another." (13 ALL 432 releÂvant page 476). And then the transferee on determination of the interest of the transferor shall be deemed to be a tenÂant in respect of such premises. The Privy Council says:— "Now when a person is "deemed to be" something, the only meaning possible is tha......hout any order as to cost and the judgment and order of the High Court Division is set aside and those of the Courts below are restored. Ed. This case is also reported in: 42 DLR (AD) (1990) 26. ..Category: Criminal Law | Date: | Hits: 47
Ashraf Ali Mondal & Others Vs. State, 1987, 16 CLC (AD)
....sain be released on bail to the satisfaction of the Deputy Commissioner conÂcerned till commencement of trial of Sessions Case No. 6/87. Ed. This case is also reported in: 42 DLR (AD) (1990) 08.......d, damaged paddy by ploughing and on protest committed rioting with fala, knife, etc. and injured one Hurmatullah causing several inÂjuries on his person who ultimately died in Shibganj Rural Health Centre on 7.10.86. The Upazila MagisÂtrate recorded his dying declaration on 9.9.86. 3. The appe..Category: Criminal Law | Date: | Hits: 63
....e. But the latter principle can be deÂparted from, if there are circumstances which outweigh the hardship and cause a prejudice to the applicant. This principle has been well enunciated by the Privy Council in the case of Charan Das Vs. Amir Khan, AIR 1921 PC 50, which has been followed by the SupÂ......avoided. We, therefore, do not find any reason to interfere with the decisions of the Courts below. The appeal is dismissed with costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 133...
Category: Property Law | Date: | Hits: 36
Aijuddin Matbar Vs. Fagu Matbar & others, 1978, 7 CLC (AD)
.... to the spot. The dead body of Rashid Khondker was taken to the house of P W.6. Of other peoÂple who came to the place of occurrence were Malek Matbar, Abdul Majid Matbar, Mannan, Clerk of the Union Council, Mannan Dhali, Taib Ali Howlader and the local PLA. The respondents are the neighbors of dec......i Matbar are discharged from their bail bonds. Criminal Appeal No.8 of 1977 is disÂposed of without any separate order passed therein. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 101...Category: Criminal Law | Date: | Hits: 39
Bangladesh Vs. Tan Kheng Heck and others, 1978, 7 CLC (AD)
....No. 6 of 1978) Rizal Bin Matnur………..Respondent (In Criminal Appeal No. 7 of 1978) Judgment March 29, 1978. Cases Referred To- Emperor Vs. Khawaja Nazir Ahmed, AIR 1945 Privy Council 19; Solicitor, Government of Bangladesh Vs. A.T. Mridha, (1974) 26 DLR (SC) 17; Abdul Quader......eedings to continue in accordance with law. The accused will continue on the same bail till an order is passed by the competent Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 69. ..Category: Criminal Law | Date: | Hits: 95
Abdul Latif Mirza Vs. Government of BanglaÂdesh and other, 1979, 8 CLC (AD)
....ions, is not open to challenge." 39. The view as to the invalidity of Rule 26 of the Defence of India Rules as expressed in the above decision was overruled by the Judicial Committee of the Privy Council in the case of Emperor Vs. Shibrath Banerjee, AIR 1945 PC 156 which held, relying upon sub-s...... already held that as the detention of the appellant is not sustainable in law on other grounds stated above I would allow this appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 1. ..Category: Constitutional Law | Date: | Hits: 408
Commissioner of Income Tax, Chittagong Vs. Mst. Safiya Bai, 1978, 7 CLC (AD)
....nors to the benefits of the partnership in spite of the general incapacity of a minor to enter into a contract in view of the bar under section 11 of the Contract Act and the deciÂsion of the Privy Council in Mohori Bibi's case ILR 30 Calcutta 539 corresponding to 7 CWN (PC) 44. Under section 30, ......n of the applicants as the question has been rightly answered by the High Court. Therefore, the appeal is dismissed without costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 41. ..Category: Fiscal/Taxation Law | Date: | Hits: 85
M Sahabuddin Vs. State, 2006, 35 CLC (AD)
....ation before the Tribunal under section 265C of the Code of Criminal Procedure, stating, that on the date of occurrence, the petitioner was not present at the place of occurrence and he was at Bar Council Rest House, Dhaka. The Tribunal rejected the said application and framed charge against the......nations offered in the application for condonation of delay are far from satisfactory. For all the above reasons, we find no substance in this petition. Accordingly, it is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 34
Farida Akhter and others Vs. Bangladesh, 2005, 34 CLC (AD)
....ng the cause of democracy through a process which could not be termed as undemocratic. In the result, the petitions are dismissed. Ed. This Case is also Reported in: 11 MLR (AD) (2006) 237. ......ng the cause of democracy through a process which could not be termed as undemocratic. In the result, the petitions are dismissed. Ed. This Case is also Reported in: 11 MLR (AD) (2006) 237. ..Category: Constitutional Law | Date: | Hits: 221
Ashequr Rahman (Md) Vs. Bangladesh Agricultural Research Institute, 2006, 35 CLC (AD)
.... that proceeding against him was not concluded within 180 days as per Regulation 43(8) of the Regulations. Accordingly, the appeal is dismissed without any order as to costs. Ed. ......rder of compulsory retirement dated July 30, 1994. 2. Facts, relevant for the disposal of the appeal are that the appellant while serving as Senior Scientific Officer at the Coconut Research Centre, Rahmatpur, Barisal was served with the show cause notice dated December 15, 1993 as per pro..Category: Employment/Service Law | Date: | Hits: 92
Anwar Hossain Chowdhury Vs. Bangladesh, 1989, 18 CLC (AD)
....Courts. Letters Patents-Analysis. Clause 31 Letters Patent of Calcutta High Court (1865) reads as:— "And We do further ordain that whenever it shall appear to the Governor-General in Council convenient that the jurisdicÂtion and power by these Our Letters Patent, or by the reci......Petition No. 3 of 1989 is disposed of in terms of this Order. 6. There will be no order as to costs. Ed. This Case is also Reported in: (1989) BLD (Special Issue) 1, 41 DLR (AD) (1989) 165. ..Category: Constitutional Law | Date: | Hits: 1934
Abdul Hakim @ Lokman Hakim Vs. State, 1989, 18 CLC (AD)
....ission of the offence alleged. 10. In the result, the appeal is dismissed. The judgment and order of the High Court Division are affirmed. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 126......sections 394 and 304 Part I, but maintained the sentence. 2. The prosecution case in brief is that on 3rd September, 1979 Nowab Ali, an Ansar, was on duty at post No.1 in Joypurhat Electric Supply Centre. He had a rifle with five rounds of bullets in its magÂazine and forty five rounds in his ba..Category: Criminal Law | Date: | Hits: 61
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