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Messres MS Jafar Vs. Subordinate Judge, 3rd Court, Dacca & others, 1980, 9 CLC (AD)
....point of view we do not find any substance in this point. This appeal and the petition for special leave are dismissed but we make no order as to costs. Ed. This Case is also Reported in: ......in Bangladesh shall be continued by or against the Government of Bangladesh and the Government of Bangladesh shall be deemed to be substituted for the Government of Pakistan or East Pakistan as the case may be. Here the proceeding was against the Government of East Pakistan. On the application of ..Category: Others | Date: | Hits: 106
Com. of In. Tax, Dacca Zone, Dacca Vs. M/S. Badridas Full-chand, Saidpur, Rangpur, 1981, 10 CLC (AD)
....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. ......dent Judgment July 31, 1980. Cases Referred to- Raghunantiait Prasad Monohar Lai vs. Commissioner of Income-Tax, U.P., Lucknow, A.I.R. 1957 (Allahabad, 75 and the case of K. A. M, P. Meeresahib Tharagnar and Bros vs. Commissioner of Income-Tax, Madras, (196..Category: Fiscal/Taxation Law | Date: | Hits: 76
Amar Chandra Saha Vs. Ajit Kumar Das, 1981, 10 CLC (AD)
.... 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. ......ed into the premises by the appellant and his uncle Lakshmi Narayan, and on the latter leaving for India some years ago, the tenant was paying rent to the appellant alone. On the appellant's case that he had become 16 annas owner of the premises on the basis of the family arrangement; it wa..Category: Property Law | Date: | Hits: 44
Jamal Soap Factory, Narayanganj Vs. Commissioner of Income Tax, Dacca Zone, Dacca, 1980, 9 CLC (AD)
....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. ......e-Tax Act by the Income Tax Appellate Tribunal. The Tribunal asked the opinion of the High Court by framing to following question: "Whether in the facts and peculiar circumstances of the present case, the Tribunal was justified is not interfering with the action of Income-tax Officer in conne..Category: Fiscal/Taxation Law | Date: | Hits: 78
S.M. Quddus & ors Vs. Chairman, Labour Court, Ctg. & anr, 1981, 10 CLC (AD)
.... provides, in our opinion, sufficient justification for granting termination benefits instead of reinstatement. In that view of the matter, the petitions are dismissed. Ed. ......d by an officer of the company and on receipt of the report the employer dismissed the petitioners from their service. Against the order of dismissal the petitioners separately filed complaint case before the Labour Court, The Labour Court found that the evidence on record was not sufficient..Category: Labour and Industrial Law | Date: | Hits: 110
Siddique Ahmed Chowdhury & others Vs. Gani Ahmed and others, 1979, 8 CLC (AD)
....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. ......med Chowdhury & others….....………Appellants Vs. Gani Ahmed and others …………………………..Respondents Judgment. July 18, 1979. The Mohammadan Law Onus in case of Transfer by Pardanashin Lady Special rule of onus of proof will apply in a suit where th..Category: Property Law | Date: | Hits: 53
Government of Bangladesh Vs. Md. Abdus Subhan &. others, 1979, 8 CLC (AD)
....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)
....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 ......e transferee Magistrate but if he has already examined the complainant, the transferee Magistrate is not bound to re-examine the complainant…………(3) The trying Magistrate in the instant case wholly erred in law when he declined to consider the case of the present appellants on the gr..Category: Criminal Law | Date: | Hits: 60
Bangladesh Vs. Hail Abdul Gani Biswas and others, 1980, 9 CLC (AD)
....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 ......ution. Facts of all the appeals need not be recounted except one as the matters were proceeded on one common ground of validity of some laws which will be mentioned hereafter. 2. Facts of the case in writ petition No. 85 of 1974 are that the respondent No. 1 purchased the land from responden..Category: Property Law | Date: | Hits: 85
Belayet Hossain and another Vs. Md. Abu Taher and others, 1980, 9 CLC (AD)
....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. ......er allowing pre emption under section 96 of the State Acquisition and Tenancy Act, 1950 alleging that the pre-emptor obtained the ex parte order through fraudulent suppression of the processes. The case was dismissed on contest. Against the order the appellants moved the High Court Division in rev..Category: Property Law | Date: | Hits: 55
Wahid Ali and ors Vs. State, 1980, 9 CLC (AD)
....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 ...... January 29, 1980. The Special Powers Act, 1974 (Act XIV of 1974), Section 27 The Code of Criminal Procedure, 1898 (Act V of 1898), Section 435 While exercising Revisional jurisdiction in a case under sections 449, 307,380 and 324 of the Penal Code, the District and Sessions Judge upon a P..Category: Criminal Law | Date: | Hits: 33
M/s. Hossain Ahmed Vs. M/s. H. D Hossain & Brothers, 1980, 9 CLC (AD)
.... 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 ......h of the rule or regulation or any instruction having statutory force, the plaintiffs could very well ask for a decree, with the appropriate declaration but filing of a suit on the facts of this case for declaration that the acceptance of the tender of their rival was illegal is not by itself ..Category: Others | Date: | Hits: 94
Nasiruddin Vs. Government of the People's Republic of Bangladesh & ors, 1980, 9 CLC (AD)
....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 ......r challenge. 3. M.T.H. Khan learned Counsel appearing on behalf of the appellant has contended that his writ petition did not abate and it continued so that the appellant could establish his case which he has set up in his writ petition. It is, however, to be observed that no affidavit-in- ..Category: Constitutional Law | Date: | Hits: 157
Sayed Ali Vs. Sree Gopal Chandra Das and others, 1980, 9 CLC (AD)
....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. ......to exercise jurisdiction under section 144 of the Code. On revision the learned Single Judge held that the application under section 144 was misconceived and incompetent and so dismissed the revision case. 2. The principal question is whether section 144 of the Code is available to a Court of S..Category: Procedural Law | Date: | Hits: 96
Abu Taleb Mridha Vs. State, 1980, 9 CLC (AD)
....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 ......pellant. Vs. State...Respondent Judgment February 14, 1980. The Bangladesh Scheduled Offence (S.T) Order, 1972 (P.O. 50 of 1972), Art 241. 4 A Special Magistrate will try the cases of the Scheduled Offences and only in cases of offence under Article 2(4) (f) and the offences..Category: Criminal Law | Date: | Hits: 57
Abdur Rashid Vs. Secretary, Ministry of Cabinet Affairs, Establishment Div & ors, 1980, 9 CLC (AD)
....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 ......n called in question the order dated December 24, 1976 passed under clause (2) of Article 6 of the President's Order No. 67 of 1972 terminating his service alleging inter alia that after the criminal case initiated against him in G. R. Case No. 9243 of 1974 which ended in final report and the appell..Category: Employment/Service Law | Date: | Hits: 70
Bangladesh and ors Vs. Somboon Asavaham, 1980, 9 CLC (AD)
....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 ...... only required to see whether the offending Thai trawlers were within the zone covered by the territorial waters of Bangladesh as defined by the notification. 11. Reverting to the facts of the case it is patent that all the three Thai trawlers were captured from the places which clearly fall ..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)
....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 ......Tax Act, 1928 (Act IX of 1928), Section 4 (3)(i). The income of a property held under trust wholly for religious or charitable purposes is exempted from tax, but this exemption will not apply to a case where so much of the income as remaining unexpended during the previous year………….(6) ..Category: Fiscal/Taxation Law | Date: | Hits: 85
Afzal Khan Vs. Election Tribunal and Munsif. 3rd Court, Comilla and other , 1980, 9 CLC (AD)
.... 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 ......gment December 11, 1979. Local Government Election (Paurashova), Counting of votes. The Election Tribunal cannot count the ballot papers, unless the recounting became a necessary part of the case itself which has been brought on the basis of certain allegations of corrupt and illegal practi..Category: Election Law | Date: | Hits: 136
Badsha Mia Bepari Vs. Abul Bashar & ors., 1980, 9 CLC (AD)
....lating back becomes academic having no bearing with merits of the appeal. For the foregoing reason this appeal is dismissed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 183 ...... Respondent No. 5. The suit was decreed and the properties were conveyed in favour of the Appellant through Court by a registered Kabala dated 18.9.70. On 6.1.1971 Respondents 1-4 filed a pre-emption case being Mise. Case No. 4 of 1971 under section 96 of the State Acquisition and Tenancy Act for pr..Category: Property Law | Date: | Hits: 57
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