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Md. Shahjahan Sheikh and others Vs. Sessions Judge, Pirojpur and others, 1986, 15 CLC (AD)
....of the exercise of revisional power by the Sessions Judge under section 439 A. In the result, therefore, the appeals are dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 246 ......so Reported in: 38 DLR (AD) (1986) 246 ......of the exercise of revisional power by the Sessions Judge under section 439 A. In the result, therefore, the appeals are dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 246 ..Category: Criminal Law | Date: | Hits: 42
Abdul Mannaf Khan and others Vs. Bangladesh & another, 1984, 13 CLC (AD)
....Justice. Order of the Court By the majority decisions the appeals are dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 201. ......DLR (AD) (1986) 201. ...... hat is a very ancient hat and that, on that ground, he is entitled to some special protection. It is true that the hat has existed for a considerable time and it also appears that it is shown on the revenue survey map with the date 1726 below it. Beyond that however there are no materials which car..Category: Property Law | Date: | Hits: 202
Khorshed Alam @ Shah Alam Vs. Amir Sultan Ali Hyder and another, 1984, 13 CLC (AD)
.... the appeal is allowed and all the Judgments and orders of the Court below are hereby set aside and the suit is dismissed. No costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 133. ...... Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Khorshed Alam @ Shah Alam……………………………………………Appellant Vs. Amir Sultan Ali Hyder and another……………………….. Respondents Judgment March 22, 1984. Result: T...... the appeal is allowed and all the Judgments and orders of the Court below are hereby set aside and the suit is dismissed. No costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 133. ..Category: Family Law | Date: | Hits: 239
Md. Nurul Islam Vs. Abul Malek, 1986, 15 CLC (AD)
....table to allow the prayer for amendment. For the reasons stated 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) 115...... Ahmed J Md. Nurul Islam, being dead his heirs: Md. Shamsul Islam & ors…...........Appellants Vs. Abdul Malek.......................Respondent Judgment July 11, 1985 The Bengal Land Revenue Sales Act, 1859 (XI OF 1859), sections 26 and 33 The General Clauses Act, 1897 (......s of the date on which the rule was to take place and. If it is not paid within that period, it shall be realized from the defaulters by any process authorised for realising an arrear of public revenue." "No sale shall take place until the officer conducting the sale has satisÂfied him..Category: Fiscal/Taxation Law | Date: | Hits: 80
Hajee Abdus Sattar Vs. Mahiuddin & others, 1986, 15 CLC (AD)
....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......tion 116 The Civil Procedure Code, 1908 (V of 1908), section 115 The Criminal Procedure Code 1898 (V of 1898), section 195 (1) (c) Non payment of rent will not enable a tenant to question landlord’s title unless he discontinues the tenancy and restores possession to the landlord. Once a......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)
....der section 18A of the Income Tax Act." 3. In this case, the Deputy Commissioner of Taxes found that the assessee did not comply with the provision of section 18A of the Income Tax Act. Upon total income of the assessee, the Deputy Commissioner charged an additional amount of tax of Tk. 4,689/-. ......appeals are allowed. The Income Tax Act (II of 1922) s. 18 Another notice for the purpose of section 18 (1) has not been provided for, inasmuch as, it is the continuation of the same proceeding and not a different proceeding. The High Court Division erred in law in taking the view that a separ......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
Md. Muslim Khan Vs. The State, 1986, 15 CLC (AD)
.... result, both the appeals are disÂmissed. Accused-appellants who are now on bail are directed to surrender to their bail bonds at once. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 60.......-Record—For the Appellant (in Criminal Appeal No. 54 of 1985). B. Hossain, Advocate on Record—For the Appellant-on-Record—For the Respondent (in both the appeals). Criminal Appeals No. 25 and 54 of 1985 (From the judgment and order dated 14 August 1984 passed by the High Court Divisio...... result, both the appeals are disÂmissed. Accused-appellants who are now on bail are directed to surrender to their bail bonds at once. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 60...Category: Criminal Law | Date: | Hits: 69
M/s Hajee Mohammad Ali & Sons Vs. Burma Eastern Ltd. & others, 1986, 15 CLC (AD)
....bordinate Judge, Chittagong on 5th November 1977. 11. Suit was valued at Tk. 1,83,330/- the details of compensation claimed were given as follows ". I. Loss average monthly income from 18.1.72 to 20.5.77 @ Tk. 2.000/- per month amounting to Tk. 1,28,000/- ......Ahmed J M/s Hajee Mohammad Ali & Sons…..Appellant Vs. Burma Eastern Ltd. & others…………Respondents Judgment July 22, 1985. Result: The appeal is allowed. The Abandoned Property Order, 1972 (P.O. 16 of 1972) Taking over and handing over of possession of the ......dgment of the High Court DiviÂsion 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. ..Category: Business or Commercial Law | Date: | Hits: 118
Commissioner of InÂcome tax and another Vs. Zeenat Textile Mills Ltd., 1975, 4 CLC (AD)
....he respondent challenged assessment year’s 1960-61, 1963-64 and 1964-65. The levy was purported to have been made under section 45A, which was inserted by the Central Legislature of Pakistan in the income-tax Act, 1922 (hereinafter referred to as the Act) by Act No. 16 of 1963. The writ petitio......with out any order as to costs. Ed. ......s rightly declared by the High Court of East Pakistan to have been made without lawful authority and being of no legal effect. The appeals are dismissed, but with out any order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 77
Md. Sona Mia Vs. Collector of Customs, Chittagong and others, 1975, 4 CLC (AD)
....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. ......sent: A.M. Sayem CJ A. B. Mahmud Husain J M. A. Jabir J Ahsanuddin Choudhury J Md. Sona Mia alias Sona Mian Sawdagar being dead his heirs, Md. Nurul Islam and others…. Appellants. Vs. The Collector of Customs, Chittagong and others.......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
Dr. Jamshed Bakht Vs. Ameaur Rashid Chowdhury, 1981, 10 CLC (AD)
....r Badrul Haider Chowdhury, J. Order of the Court In view of the decisions of the majority, the appeal is allowed. The judgment of the High Court Division is set aside. Ed. ......n vs. Bholanath Khattry (1911) I.L.R. 38 Cal. 888. Lawyers Involved: Md. Nurul Huq, Advocate-on-Record—For the Appellant. B.K. Das, Advocate, instructed by B.C. Panday, Advocate-on-Record,—For the Respondent. Judgment: ......r Badrul Haider Chowdhury, J. Order of the Court In view of the decisions of the majority, the appeal is allowed. The judgment of the High Court Division is set aside. Ed. ..Category: Criminal Law | Date: | Hits: 77
Md. Abdur Rouf and others Vs. Ahmuda Khatun and others, 1981, 10 CLC (AD)
..... For the reasons stated above, the appeal is allowed with costs and the judgment and order of the High Court Division are set aside and those of the Trial Court are restored. Ed. ......ellate Division (Civil) Present: Kemaluddin Hossain CJ Fazle Munim J And Badrul Haider Chowdhury J Md. Abdur Rouf and others…………………….Appellants Vs. ....... For the reasons stated above, the appeal is allowed with costs and the judgment and order of the High Court Division are set aside and those of the Trial Court are restored. Ed. ..Category: Property Law | Date: | Hits: 47
Category: Property Law | Date: | Hits: 60
Mohd. Jabed Ali and others Vs. Rakhal Chandra Mondal and others , 1981, 10 CLC (AD)
....e dealing with the application under section 96 of the Act for preemption. Therefore, we do not find any substance in these appeals. The appeals are dismissed with costs. Ed. ...... Court Appellate Division (Civil) Present: Kemaluddin Hossain CJ Ruhul Islam J K.M. Subhan J Badrul Haider Chowdhury J Mohd. Jabed Ali and others.................................... Appellants. (For all the appeals) Vs. ......e dealing with the application under section 96 of the Act for preemption. Therefore, we do not find any substance in these appeals. The appeals are dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 49
Md. Mafizuddin Patwari Vs. Abdul Hakim Miazi , 1978, 7 CLC (AD)
....t had been acted upon. In the result, therefore this appeal is allowed and the petition for pre-emption is dismissed with costs. Ed. This Case is also Reported in: 33 DLR (AD) 305. ......ppellate Division (Civil) Present: Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Md. Mafizuddin Patwari being dead his heirs Md. Tofaazzal Hossain Patwari and others ………………….Appellants Vs. Abdul......n the Sheresta of the Ex-Zaminder was noticed. It was noticed ''The R.C.O. ignoring the previous jama made records in amalgamation. This has created difficulties for realisation of Govt. revenue. And as such the separation is allowed as suggested and proposed by the T.D.R." 8..Category: Property Law | Date: | Hits: 48
Md. Matlabur Rahman & ors Vs. Madan Meah Chowdhury, 1981, 10 CLC (AD)
....t. He claimed the progeny of the Darbarsharif as the personal property of the founder late Moulana Mokhlesur Rahman and offerings in the Darbarsharif was treated by the founder as his personal income. He further claimed that the defendants 1 to 3 and others, the legal heirs of the deceased ......ondker, Senior Advocate A.K.M. Shafiqur Rahman with him instructed by Md. Aftab Hossain, Advocate-an-Record,—For the Respondent. Civil Appeal No. 48 of 1979. (From the judgment and order dated 25-5-78 passed by the High Court Division in Civil Revision No. 152 of 1980.) ......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
Commissioner of Taxes & another Vs. M/s. Mullick BroÂthers, 1981, 10 CLC (AD)
....78. Judgment Badrul Haider Chowdhury J. - This review petition by the respondents arises out of a judgment of this Division in Civil Appeal No. 108 of 1978. The appellant firm declared excess income on 15.7.69 in terms of MarÂtial Law Regulation No. 32, known as Income Tax (Correction of Re......¦â€¦..Petitioner Vs. M/s. Mullick BroÂthers…………………………………………..Respondent Judgment February 2, 1981. Result: The review appliÂcation is allowed and the appeal is dismissed. Lawyers Involved: T. H. Khan, Senior Advocate, with Muzammel Huq......ount of arrears due from an assessee" and, the CollecÂtor on receipt of much certificate" shall proceed to recover from such “assessee, the amount specified therein as if it were an arrear of land revenues". The proviso adds that the Collector shall have the powers which under the Code of Civil P..Category: Fiscal/Taxation Law | Date: | Hits: 98
Dr. Nurul Islam Vs. Bangladesh, 1980, 9 CLC (AD)
....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. ......uhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Dr. Nurul Islam………………………..Appellant Vs. Bangladesh, represenÂted by the Secretary, Ministry of Health and Population Control and others…………………………………………Respondent Judg......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
Bangladesh and others Vs. Md. Abdur Rab, 1979, 8 CLC (AD)
....had also a TV set, a Three-in-One set and a Honda Motor Cycle. The possession and ownership of these recently purchased houses and other assets indicated that he could not have acquired them with the income he derived from his meagre salary, they being disproportionate to the known source of his inc......is also Reported in: 33 DLR (AD) (19781) 143. ...... the appeal is allowed without any order as to costs. The order of the High Court Division is set aside and the writ re-called. Ed. This Case is also Reported in: 33 DLR (AD) (19781) 143. ..Category: Employment/Service Law | Date: | Hits: 102
Khadomul Islam Chowdhury Vs. Bangladesh and others, 1981, 10 CLC (AD)
....for disposal in accordance with law. Let the operation of the order dated 12th July. 1979 be stayed till the disposal of the matter in the High Court Division There will no order as to costs. Ed. ......sion (Civil) Present: Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Khadomul Islam Chowdhury…………………….Appellant Vs. Bangladesh and others ……………………………..Respondents Judgment July 21, 1980. Lawyers ......for disposal in accordance with law. Let the operation of the order dated 12th July. 1979 be stayed till the disposal of the matter in the High Court Division There will no order as to costs. Ed. ..Category: Constitutional Law | Date: | Hits: 160