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Md. Abu Baker Siddique Vs. S.M.A Bakar & others, 1986, 15 CLC (AD)
....garding these rules from the standard translations of two very distinguished classical compilations on Sunni Law, namely, the Hedaya and the Fatawa-Alamgiri. Thus, the Judicial Committee of the Privy Council recognised the value and importance of these two books. It was observed: "The Heda......d be appointed as his guardian. For the reasons staged above, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 106 ..Category: Family Law | Date: | Hits: 152
Hajee Abdus Sattar Vs. Mahiuddin & others, 1986, 15 CLC (AD)
....had put him into possession. 7. Mr. T.H. Khan, learned Advocate for the respondent does not dispute this proposition of law particularly when the question has finally been decided by the Privy Council in the case of Currimbhoy & Co. vs. Greet, AIR 1933 (PC) 29. But his contention is that mine......s reprehensible, calling for costs of the appeal, but since he got two judgments in his favour, we refrain from awarding any cost against him. Ed.This Caes is also Reported in: 38 DLR (AD) (1986) 97..Category: Property Law | Date: | Hits: 37
The Commissioner of Taxes, East Zone, Dhaka Vs. M/s. Mallick Brothers, 1986, 15 CLC (AD)
....t may be made (i) on the basis of the return, (ii) on the basis of the evidence adduced and (iii) to the best of the Income Tax Officer's judgment, which is called best judgment assessment. The Privy Council pointed out in Badridas Daga V. Commissioner of Income Tax, 1949 ITR. 209 that assessment re......ore, these appeals are allowed and the judgment and order of the High Court Division are set aside. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 66. ..Category: Fiscal/Taxation Law | Date: | Hits: 95
M/s Hajee Mohammad Ali & Sons Vs. Burma Eastern Ltd. & others, 1986, 15 CLC (AD)
....dgment of the High Court Division is set aside and that of the trial Court is restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 41. ......the allotment was cancelled on the consideration that Hajee Mohammad Ali was an enemy subject the matter may be reconsidered and necessary action taken may kindly be intimated to the District Control Centre." 6. In its reply dated 2nd March 1976 Burmah Eastern Limited stated: "That there was n..Category: Business or Commercial Law | Date: | Hits: 118
Md. Jashimuddin Vs. The State, 1985, 14 CLC (AD)
....uch reduction and with or without altering the finding, alter the nature of the sentence, but, subject to the provisions of section 106, sub-section (3), not so as to enhance the same;" The Privy Council (AIR 1935 P.C. 89) explained the provisions of this section. In view of the aforesaid prov......wed, judgment of the High Court Division is set aside and the case is remanded back to the High Court Division for rehearing on merit. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 35. ..Category: Criminal Law | Date: | Hits: 62
Ellal Textile Mills Ltd. & others Vs. Md. Abdul Awal & others, 1984, 13 CLC (AD)
....g with a matter of winding up by a Court. The winding up matter is a serious affair which is evident from the perusal of the entire Part V of the Act and in this connection the anxiety of the Privy Council in the case of unjustified winding up order may be noticed in the decision of the Ripon Pres...... that two separate petitions, if so advised, be filed and heard analogously by the same court. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 26. ..Category: Company Law | Date: | Hits: 195
Birendra Chandra Saha Vs. Sashi Mohan Saha and others, 1975, 4 CLC (AD)
....946 (Lahore) 65, was taken note of both by M. Monir in his book and the learned Judges of the Supreme Court of India in the case referred to above and they opined that the observation of the Privy Council in the case of Balgangadhar Tilok Vs. Srinivash Pandit reported in 42 Indian Appeal, 135 up......e judgment of the High Court is set aside. The case is sent back on remand for disposal of the appeal in the light of what have been stated above. There will be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 37
Md. Sona Mia Vs. Collector of Customs, Chittagong and others, 1975, 4 CLC (AD)
....vil Appeal No. I8-D of 1969). Judgment April 4, 1975. Cases Referred to- The Queen Vs. The Justice of the County of London and the London County Council, in (1893) 2 Queen's Bench Division 476 (492); Gancshmulla Surana Vs. Nagraj Surana, 56 C.......y notice under article 6A (2) of President's Order No. 5 of 1972 has not been served on the Government. So the appeals abated. In the circumstances these appeals abate. Ed. ..Category: Business or Commercial Law | Date: | Hits: 81
Badal Rani Misra alias Badal Rani Goswami and others Vs. Bangladesh and others, 1975, 4 CLC (AD)
....overnment, which was unnecessary. Reference in this connection has been made to the decision in the case of Mst. AH Begum and ors. Vs. Badrul Islam Ali Khan and others reported in A.I.R. 1938 Privy Council 184. As regards the powers of a statutory body, such as D.I.T. reference was made to para 12......d. The case of Gordon, Dadds & co. supports the contention of the learned Attorney-General. There is accordingly no merit in this appeal which is dismissed but without any order as to cost. Ed. ..Category: Property Law | Date: | Hits: 48
Bangladesh Enemy Property Management Board and ors. Vs. Md. Abdul Majid, 1975, 4 CLC (AD)
....proclaimed. There has since been no revocation of that declaration but there is also the fact that hostilities came to an end by the announcement of the cease-fire declaration in the Security Council and later the warring parties were brought to the conference table at Tashkent by the good......view of what have been stated above, the appeal is allowed and the judgment and order passed by the learned Judges of the High Court Division are set aside. There will be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 125
Government of Bangladesh Vs. Ahmed Nazir, 1975, 4 CLC (AD)
....s which they were competent to do as the successors of the Supreme Courts. There was a difference of opinion on this point between some of the High Courts and the matter went up to the Privy Council which in the case of C.P. Matthen Vs. District Magistrate, Trivandram reported in AIR. 1939......e the Proclamation of Emergency issued on the 28th December, 1974 and the Constitution (Fourth Amendment) Act, 1975 dated the 25th January, 1975 effected changes in the said Constitution. Ed. ..Category: Criminal Law | Date: | Hits: 85
Jamdhar Khan Vs. The State, 1975, 4 CLC (AD)
.... Judgment Muhammad Abdullah Jabir, J.- The petitioner who was the Chairman of a Union Council from 1960 till 5-9-65 was tried by an Assistant Sessions Judge and Ex-Officio Special Judge......of a sum of Rs. 915/- by the petitioner. There is no merit in this petition and the Leave prayed for is refused. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 35. ..Category: Criminal Law | Date: | Hits: 44
Lutfun Nahar Begum Vs. The State, 1975, 4 CLC (AD)
....dence Act. It simply says that the Court may "take into consideration such confession". In the case of Bhuboni Sahu Vs. The King, reported in L. R. 76 Indian Appeals page 147, the Privy Council stated as follows: "But a confession of a co-accused is obviously evidenc......al is allowed and the order of commitment of the appellant is set aside. The appellant is discharged from the bail bond. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 29. ..Category: Criminal Law | Date: | Hits: 60
Solicitor, Government of Bangladesh Vs. Syed Sanwar Ali and others, 1974, 33 CLC (AD)
....victed persons in exercise of revisional jurisdiction under section 435 of the Code need not be considered here. 11. We may state here that the observation of the Judicial Committee of the Privy Council in the case of Lala Jairam Das and others Vs. Emperor reported in AIR 1945 (PC) 94 in so far......y of the circumstances indicated in the preceding paragraph can be shown to have rendered the proceeding relating to him coram non judice. Ed. This Case is also Reported in: 27 DLR (AD) 16. ..Category: Criminal Law | Date: | Hits: 104
Shamsuddin Ahmed @ Tofa Mia & others Vs. Abdul Latif Bhuiyan, 1981, 10 CLC (AD)
....ew found favour with the majority of the learned Judges of the Full Bench of the Allahabad High Court in Begum vs. Mohammad Yakub. ILR 16 All. 344; and this view was approved by the Privy Council in a later case. Of course the Supreme Court of India in Radha Kishan vs. Sreedhar Ramchand...... the facts of this case. In the result, the appeal is allowed with costs. The judgment of the High Court Division is set aside and those of the Courts below are restored. Ed. ..Category: Property Law | Date: | Hits: 45
Md. Matlabur Rahman & ors Vs. Madan Meah Chowdhury, 1981, 10 CLC (AD)
....dicated. This mode of appointment of a Sajjadanashin by the Murids of the late Sajjadanashin has been recognised by the Courts of law as one of the valid modes to appoint a Sajjadanashin. The Privy Council in the case of Sain Maule Shah vs. Ghane Shah 42 C.W.N. 1018 observed that the succe......h Court Division. In the result, the appeal is dismissed with costs. Order of the Court In view of the decision of the majority the appeal is allowed with costs. Ed. ..Category: Civil Law | Date: | Hits: 91
Amanullah Bhuiyan and others Vs. Abdul Hafiz and ors, 1981, 10 CLC (AD)
....chargeable with stamp duty under article 45 of the Stamp Act, 1898, and unless it is duly stamped the decree is not admissible in evidence as provided in section 35 of the Stamp Act. The Privy Council held in Ram Rattan vs. Parma Nand 50 C.W.N. 367, “Unstamped memoranda of a partition ......m the date the decree is drawn and signed or it becomes executable. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 1981 BLD (AD) 210. ..Category: Procedural Law | Date: | Hits: 106
Commissioner of Taxes & another Vs. M/s. Mullick Brothers, 1981, 10 CLC (AD)
....le to pay such [tax, penalty or interest] a notice of demand in the prescribed from specifying the sum so payable]” 9. In the case of Doorga Prasad vs. Secretary of State, 13 ITR 285, the Privy Council observed that "in their Lordships' opinion, although income-tax may be popularly described......rom want of legal authority. In the result, therefore, this review application is allowed and the appeal is dismissed without any order as to costs. Ed. This Case is also Referred in: ..Category: Fiscal/Taxation Law | Date: | Hits: 98
Dr. Nurul Islam Vs. Bangladesh, 1980, 9 CLC (AD)
....ontinent since November 15, 1919 when rule 4 of, the Civil Service Rules was brought in by Resolution No. EA 1054, made by the Government of India with approval of the Secretary of State for India in Council. It reads thus: "Government will have an absolute right to retire any officer after he,......osts. The decision of the High Court Division is set aside and the impugned order declared to be of no lawful authority. Ed. This Case is also Reported in: 33 DLR (AD) 201, 1981 BLD (AD) 140. ..Category: Employment/Service Law | Date: | Hits: 180
Musharraf Hossain Chy Vs. GM, Titas Gas Transmission & Dist. Co. Ltd. & ors., 1981, 10 CLC (AD)
.... participation in the liberation straggle of Bangladesh Mr. Musharraf Hossain Chowdhury, Ex-Internal Auditor of Titas Transmission and Distribution Company Ltd. and the Chief Accountant of Zonal Council. South East Zone, Govt. of the People's Republic of Bangladesh is hereby appointed as the A......view of the above observations, the appeal is dismissed, the Judgment and order of the High Court Division is upheld. There will be no order as to costs. Ed. This Case is also Reported in: ..Category: Employment/Service Law | Date: | Hits: 104
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