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Commissioner of Income-Tax Vs. M/S. Jamiluddin Corporation Ltd., Bogra, 1979, 8 CLC (AD)
.... decided to forego the claim for commission but "this action is not for business consideration''. 4. The Income Tax Appellate Tribunal considered the assessee's grievance that the inclusion of the disputed amount was bad in law. The Appellate Tribunal noticed that the resolution was passed as ear......mputing the total income to the assessee. In the result, therefore, the appeals are dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 242...Category: Fiscal/Taxation Law | Date: | Hits: 124
Mokarrom Hossain Daradi Vs. State, 2011, 40 CLC (AD)
....etitioner. Accordingly, the leave petition Nos.257 of 2011, 258 of 2011 and 259 of 20011 are dismissed without any order as to costs. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 197.......dated 13.03.2011 and as such, the petitioner was not fugitive from law and justice, but the High Court Division has failed to consider such vital aspect of the case and thereby committed error of law holding that the accused-petitioner was absconding and fugitive. 14. Mr. Mamtazuddin Fakir, the l..Category: Criminal Law | Date: | Hits: 80
Category: Others | Date: | Hits: 197
Mohamaya Rani Saha Vs. Dr. Ashequr Rahman Khan and others, 2008, 37 CLC (AD)
....s and there is no illegality or infirmity in the above decision so as to call for any interference. All the petitions are dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 61. ......aneous Appeal No.38 of 2000 the learned District Judge also disÂmissed the same on ground of limitation. The High Court Division however disposed of the Rule issued in Civil Revision No.3257 of 2003 holding that none can file any pre-emption miscellaneous case against any vested property or land re..Category: Property Law | Date: | Hits: 76
New Dacca Industries Ltd. Vs. Quamrul Huda & others, 1979, 8 CLC (AD)
....ons stated above we allow this appeal without any order as to costs. The judgment of the High Court is set aside and the writ re-called. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 234.......tribute of a corpoÂrate personality which is entirely distinct from that of its members, and the property of the Company is distinct from that of its meÂmbers whose only properties are their shareÂholdings. 5. The company, therefore, has all the powers of a legal personality and can, among oth..Category: Employment/Service Law | Date: | Hits: 104
Atahar Ali Sarder & others Vs. State, 1978, 7 CLC (AD)
....hase from the prosecution witnesses an admission in their cross-examination." In the result, therefore, this appeal is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 227. ......complying with the provisions of section 145 of the Evidence Act and reliance was placed on certain deciÂsions which will be considered presently. The High Court, however, rejected the contention by holding that the Sessions Judge did not commit any illegality in using the committing Court's statem..Category: Criminal Law | Date: | Hits: 107
Hafizuddin Ahmed and another Vs. Mahbubul Huq and others, 1983, 12 CLC (AD)
....owed. The judgment and decree of the High Court DiviÂsion is set aside and that of the trial Court is restored. No order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 174. ......on under sub-section (1) of section 3, no rent-receiver, speciÂfied in such notification shall except as provided in sub section (la), transfer his rights and interests in any estate, taluk, tenure, holding or tenancy, to which such notification relates, by private sale, gift, will, mortgage lease ..Category: Property Law | Date: | Hits: 58
Tahera Begum Vs. Farukh Meah, 1982, 11 CLC (AD)
.... the Muslim Family Laws Ordinance, 1961. In the result therefore this appeal is disÂmissed but there will be no order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 170. ....... Provision had to be made by the President's Order for the purpose of functions of the Local Council and Municipal Committees. Then by Article 3 all the Local Councils were dissolved and the persons holding office as Chairman, Vice-Chairman, etc. ceased to hold office and then clause (c) says that ..Category: Family Law | Date: | Hits: 166
Commissioner of Taxes, Chittagong Zone Vs. M/S. M. Ismail and Sons, 1982, 11 CLC (AD)
....y an amendment of section 34 (1) of the Income Tax Act effective from 1st April, 1959, the proviÂsion of 8 years' limit was deleted and accordingly re-assessment could be made at any time. It is not disputed that a comÂplete assessment may be re-opened, if the relevant provisions of law are amende......rectly interpreted the expression 'person.' Accordingly, Civil Appeal No. 115 of 1981 is dismissed, without any order as to costs. Ed. This case is also reported in: 35 DLR (AD) (1983) 165. ..Category: Fiscal/Taxation Law | Date: | Hits: 104
Abdur Rashid and another Vs. Abdul Barik and another, 1983, 12 CLC (AD)
....or the aforesaid reasons, the order of the learned Judge of the High Court DiviÂsion is set aside and the appeal is allowed with costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 162.......fendants had not been served properly, and the High Court Division also arrived at the same findings and on such findings the High Court Division erred in setting aside the trial Court's judgment and holding that indirect or implied knowledge of the institution of the suit is sufficient to maintain ..Category: Property Law | Date: | Hits: 67
Shafiqur Rahman and others Vs. Nurul Islam ChowÂdhury and others, 1982, 11 CLC (AD)
....cessary to make any further observation in this regard. Order of the Court. By the majority judgments, the appeal is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 127. ......haser was not put into possession. The Criminal Revision Case came up for hearing before a Single Judge of the High Court Division, and the learned Judge by his order dated 2-4-81 discharged the rule holding, inter alia, that revision under sub-section (4) of section 439 of the Code of Criminal Proc..Category: Others | Date: | Hits: 135
Abu Saber Aziz Mohammad and others Vs. Government of Bangladesh and others, 1976, 5 CLC (AD)
....in suit, described in Schedule 'A' to the plaint and for recovery of possession of the remaining land as described in Schedule 'B' to the plaint. 2. The appellants’ case in the suit was that the disputed lands were thrown up in the bed of the river Jhurjhuria as char lands lyÂing to the contig......rnment would be estopped from asserting that it had no title to the said lands at the time when the settleÂment was granted. The learned Judges, of the High Court Division negatived the said plea on holding that the law of estoppel would not be attracted to the instant case. The appellants having p..Category: Property Law | Date: | Hits: 75
Abdul Mannan and others Vs. Kulada Ranjan Mowali and others, 1977, 6 CLC (AD)
.... 2. The appellants instituted the suit beÂing Title Suit No.30 of 1948 in the Second Court of the Subordinate Judge, Barisal, for a declaration of the plaintiffs' right, title and interest in the disputed lands as Karsha tenÂants and for confirmation of their possession in the said lands as wel......re on behalf of the plaintiffs against the order of abatement made by the learned Subordinate Judge but the learned Judges of the High Court Division affirmed the decision of the Subordinate Judge on holding that the suit had been rightly held to have abated in view of President's Orders No.72, 135 ..Category: Property Law | Date: | Hits: 133
Abdul Hannan Vs. Election Tribunal, Cox's Bazar, Chittagong & another, 1979, 8 CLC (AD)
....e is remanded back to the TribuÂnal for disposal of the case in the light of the observations made above. Costs will abide the result. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 191.......ound that the secrecy of the election would be jeopardised. Accordingly the High Court Division discharged the Rule. 2. Leave was granted to consider whether the High Court Division was correct in holding that "the Tribunal was perfectly justified in keeping the secrecy of election and was perfec..Category: Election Law | Date: | Hits: 163
Md. Akram Ali Pk. and others Vs. Md. Yasin Ali and others, 2012, 41 CLC (AD)
....wing amendment is restored. The trial Court is directed to dispose of the suit as expeditiously as possible. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 135; 17 MLR (AD) (2012) 242. ......er. 15. The contesting defendant challenged the order of amendment in Civil Revision No.98 of 2006 before the District Judge, Bogra. On 07.03.2007, the learned District Judge allowed the revision holding that in the application, it was not clarified as to why the application for amendment was fi..Category: Procedural Law | Date: | Hits: 100
Salahuddin Ahmed Vs. State, 2009, 38 CLC (HCD)
....t of this Judgment by the lower Court, and pray for regular bail. Send a copy of the Judgment and order to the Court below at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 351.......less cognizance in respect thereof has been taken and process issued". 13. We have also seen reported case of 13 MLR (AD) 155 wherein proceeding for quashment of criminal case has been discouraged holding the view that before hearing under section 241A of the Code of Criminal Procedure, a Crimina..Category: Criminal Law | Date: | Hits: 61
Jahangir Alam Chowdhury (Md.) Vs. Zabun Nahar Chowdhurani and other, 2008, 37 CLC (HCD)
.... name of Dr. Md. Jahangir Alam, a dispute case was lodged to the concerned attestation officer by the father-in-law of Dr. Md. Jahangir Alam and by father of the defendant No.2 to the effect that the disputed land was gifted to the mother of Kamrun Nahar on 25-11-2001 by a gift deed No.6457 by Kamru...... in his own name for the suit land and he also submitted the construction plan of his three-storied building before the Feni Municipal Office and also paid municipal taxes in his own name because the holding number was prepared in his name. He also obtained the trade licence from municipal office in..Category: Family Law | Date: | Hits: 167
Category: Property Law | Date: | Hits: 173
National Life Insurance Company Ltd. Vs. Controller of Insurance, 2002, 31 CLC (HCD)
....€‘3‑1999 by the respondent imposing fine upon the petitioner is declared to have been done without lawful authority and of no legal effect. Ed. This Case is also Reported in: 56 DLR (2004) 624.......ectors is impracticable. The petitioner also informed that in the amended Act, 52 and 52A of the Articles of Association would meet the requirement of law and further amendment cannot be made without holding the next general meeting until one year has passed. Even then the respondent insisted for am..Category: Business or Commercial Law | Date: | Hits: 271
Category: Civil Law | Date: | Hits: 80