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Commissioner of Income Tax, Chttagong Zone Vs. M/S K. Raman & Co. Ltd, 1980, 9 CLC (HCD)

....ncome Tax Act. The question raised in this application having been answered in the affir­mative, this application is rejected. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 55 ......Result: The application is rejected. Case Referred to- 36 I.T.R. 1975, 37 I.T.R. 381, 38 I.T.R. 222, 56 I.T.R. 400 and 80 I.T.R. 167. Lawyers Involved: Habibul Islam Bhuiyan, Advocate-For the Applicant Rafique-ul-Huq with T. Islam, Advocates-For the Respondent. App......ncome Tax Act. The question raised in this application having been answered in the affir­mative, this application is rejected. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 55 ......ncome Tax Act. The question raised in this application having been answered in the affir­mative, this application is rejected. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 55 ..

Category: Fiscal/Taxation Law | Date: 22 Jul, 1980 | Hits: 2

Benode Behari Saha Vs. Nitya Gopal Saha, 1980, 9 CLC (AD)

....of section 17 of the Provincial Small" Cause Courts Act. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 95 ......hi, 32 Cal 339; Suraj Prosad Vs. Baldeo, AIR 1928 All. 111; Misa Pramanik Vs. Khatu Sonar, 54 CWN (DR) 67; Abdul Sheikh Vs. Mohammad Ayub, 24 CWN 380. Lawyers Involved: Anil Chandra Sarker, Advocate, instructed by B.C. Panday, Advocate-on-Record-For the Appellant. C.A. 41 of 1980 from......any order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 95 ......of section 17 of the Provincial Small" Cause Courts Act. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 95 ..

Category: Civil Law, Procedural Law | Date: 15 Jul, 1980 | Hits: 1

Hajee Md. Ahsanullah Vs. Arafatunnessa Bibi, 1980, 9 CLC (AD)

....he appeal, set aside the order of the High Court Divi­sion and restore that of the first appellate Court but make no order as to costs. Ed. This Case is also Reported in:   ......Din, 19 D.L.R. (S C) 143; Lala Tripati Prokash Nandi Vs. Bireswar Lal Marwari, 55 C.L.J. 114; Gorachand Haider Vs. Prafulla Kumar Roy, 29 CW.N. 948. Lawyers Involved: Abdus Salam Khan, Advocate, instructed by Md Aftab Hossain, Advocate-on-Record. — For the Appellant. B. Hos...... Kemaluddin Hossain CJ Ruhul Islam J Shahabuddin Ah­med J Hajee Md. Ahsanullah...................Appellant Vs. Arafatunnessa Bibi, being dead her heirs, Ali Ahmed and others...............Respondents Judgment July 8, 1980. Result: The......he appeal, set aside the order of the High Court Divi­sion and restore that of the first appellate Court but make no order as to costs. Ed. This Case is also Reported in:   ..

Category: Contract Law | Date: 8 Jul, 1980 | Hits: 221

Nemai Kumar Vs. Ramesh Chandra Dutta and others, 1994, 23 CLC (AD)

....urt of appeal below are set aside and that of the trial Court restored. There will be no order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 111;1 BLD (AD) (1981) 189 ...... who asserts the contrary. Cases Referred to- Joy Kumar Dutta vs. Sitanath Dutta 4 DLR 400 & Appalaswami Vs. Surjanarayanamurthi 52 CWN 505 (PC). Lawyers Involved: SR Pal, Sr. Advocate, instructed by SM Huq, Advocate-on-Record- For the Appellant. BK Das, Advocate, instru......urt of appeal below are set aside and that of the trial Court restored. There will be no order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 111;1 BLD (AD) (1981) 189 ......urt of appeal below are set aside and that of the trial Court restored. There will be no order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 111;1 BLD (AD) (1981) 189 ..

Category: Property Law | Date: 30 Jun, 1980 | Hits: 51

Biimillah Oil Mills Vs. Messrs Arag Limited, 1980, 9 CLC (HCD)

....ces of the case we do not make any order as to costs. Abdul Wadud Ghoudhuiy J.—I agree. Ed. This Case is also Reported in: 34 DLR (1982) 134; 1 BLD (HCD)(1981) 138.   ......umstances of the case decreed the suit of the plaintiff. Being aggrieved, the defendant-firm represented by its proprietor Abul Hossain has preferred this appeal. Mr. Abu Taher Chowdhury learned Advocate has appeared for the defendant-appellant and Mr. Ahmed Sobban with Mr. Md. Fazlul Karim, le......#39;s lien……..(8) Case Referred To- M/S Begum Mills, Chittagong Vs. Arag Ltd, Karachi, 26 DLR 329 Lawyers Involved: Abu Taher Chowdhury—For the Appellant. Ahmed Sobhan with Md. Fazlul Karim— For the Respondent. Appeal from original decree No. 5......ces of the case we do not make any order as to costs. Abdul Wadud Ghoudhuiy J.—I agree. Ed. This Case is also Reported in: 34 DLR (1982) 134; 1 BLD (HCD)(1981) 138.   ..

Category: Contract Law | Date: 23 Jun, 1980 | Hits: 1

M/S. Dulichand Omraolal Vs. Bangladesh, 1980, 9 CLC (AD)

..... Pal's contention fails. For these reasons the appeal fails and it is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 1   ......, 1980. Result: The appeal is dismissed Case Referred To- Bangladesh Enemy Property Management Board Vs. Md. Abdul Majid DLR (AD) 52,  Lawyers Involved: R. Pal, Sr. Advocate, with S. C. Das, Advocate, instructed by Aminul Huq, Advocate-on- Record—For the Appe......powers conferred by Rule 181 of the Defence of Pakistan Rules, briefly called the Rules, took over the control and manage­ment of the firm along with another firm, and authorised late Sultanuddin Ahmed to carry on the trade and business of the firm. By a subsequent order dated 27-10-65, the....... Pal's contention fails. For these reasons the appeal fails and it is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 1   ..

Category: Civil Law, Others | Date: 18 Jun, 1980 | Hits: 109

Mosharraf Hossain Chowdhury Vs. General Manager, Titas Gas Transmission & Distribution Co. Ltd. & another, 1980, 9 CLC (AD)

....vations, the appeal is dismissed, the judgement and order of the High Court Division is upheld. There will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 61 ......y Ltd. & Others…………….Respondents Judgment June 12, 1980. Result: The appeal is dismissed. Lawyers Involved: Rafique-ul-Huq, Senior Advocate, instruct­ed by A. Backkar, Advocate-on-Record-For appellant (In C.A. 169 of 1979). ......vocate-on-Record-For the respondent 3 (In C.A. 169 of 1979.) M. Nurullah, Advocate, instructed by Syed Sakhawat Ali, Advocate-on-Record-For appell­ant (In C.A. 65 of 1980.) Syed Ishtiaq Ahmed, Senior Advocate, with K.Z. Alam and Khalilur Rahman, Advocates, instructed by M.R. Khan, Advo......vations, the appeal is dismissed, the judgement and order of the High Court Division is upheld. There will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 61 ..

Category: Constitutional Law, Corporate Law | Date: 12 Jun, 1980 | Hits: 7

Manager Zeal Bangla Sugar Mills. Ltd Vs. Chairman, First Labour Court and another, 1980, 9 CLC (HCD)

....of the petitioner against respondent No. 2, this rule is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 1, 2 BLD (HCD) (1982) 57 ......al relationship between the employer and the employee it cannot be said that it would be an appropriate case where reinstatement could be allowed as such. 4. It has been submitted by the learned Advocate for the respondent No. 2 Mr. Aminul Huq that the proceeding before the enquiry officer suff......of the petitioner against respondent No. 2, this rule is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 1, 2 BLD (HCD) (1982) 57 ......of the petitioner against respondent No. 2, this rule is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 1, 2 BLD (HCD) (1982) 57 ..

Category: Labour and Industrial Law | Date: 12 Jun, 1980 | Hits: 2

Md. Wasiq Khan Vs. Md. Sabiq Khan & others, 1980, 9 CLC (HCD)

.... sub­mission of Mr. M H. Khondker F.M.A. No. 318 of 1979 is dismissed for non-prosecution with­out any order as to costs. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 46. ......ivantrao, AIR 1957 MB 17; Ahidhar Ghose Vs.The Secretary of State for India-in Council 36 CWN 665;Fazlur Rahman Vs. Sajab Ali, 30 DLR SC 30. Lawyers Involved: M.H, Khandker with Abu Backker Advocates-For the Appellant. M. Golam Rabbani with Ranes Chandra Maitra, Advocates-For Responde...... sub­mission of Mr. M H. Khondker F.M.A. No. 318 of 1979 is dismissed for non-prosecution with­out any order as to costs. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 46. ...... sub­mission of Mr. M H. Khondker F.M.A. No. 318 of 1979 is dismissed for non-prosecution with­out any order as to costs. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 46. ..

Category: Property Law | Date: 28 Apr, 1980 | Hits: 3

Kh. Ehteshamuddin Ahmed @ Iqbal Vs. Bangladesh & Others, 1980, 9 CLC (AD)

....passed by this Division staying execution of the sentence to continue for further ten days from the date of this order. Ed. This Case is also Reported in: 1 BLD (AD) (1981)107   ....... Pakistan, PLD 1960 SC 237; Mohammad Afzal Vs. Commissioner, Lahore Division. PLD 1963 SC 401; Zafrul Ahsan Vs. Republic of Pakistan, PLD 1960 SC 113. Lawyers Involved: M. H. Khondker, Sr. Advocate, with Khondker Mahbub Hossain, instructed by Aminul Huq, Advocate on-Record-For the Appella......   ......passed by this Division staying execution of the sentence to continue for further ten days from the date of this order. Ed. This Case is also Reported in: 1 BLD (AD) (1981)107   ..

Category: Constitutional Law | Date: 27 Mar, 1980 | Hits: 3

Bangladesh Vs. Haji Abdul Gani Biswas & others, 1980, 9 CLC (AD)

....High Court Divis­ion set aside and remitted back to the High Court Division for disposal. There will be no order as to cost Ed. This Case is also Reported in: 1 BLD (AD) (1981) 8 ......, (1910) AC 220; Grev Vs.  Pearson, (1857) 6 H.L Case 61. Lawyers Involved: K.A. Bakr, Attorney General, with Abdul Wadud Bhuiyan, Assistant Attorney General, instructed by B. Hossain, Advocate—on—Re­cord-For the appellant. Shamsul Huq Chowdhury, Advocate instru&s......LD (AD) (1981) 8 ......High Court Divis­ion set aside and remitted back to the High Court Division for disposal. There will be no order as to cost Ed. This Case is also Reported in: 1 BLD (AD) (1981) 8 ..

Category: Civil Law, Property Law | Date: 19 Mar, 1980 | Hits: 5

Abdus Samad & Others Vs. Md. Sohrab Ali & Others, 1980, 9 CLC (AD)

....l is allowed with costs and the judgment of the High Court set aside. Judgment and order of the lower Appellate Court are restored. ED. This Case is also Reported in: 1 BLD (AD) (1981) 77 ......25, 16 & 19) Case Referred to- Motilal Sikder Vs. Benodini Dasi, 28 DLR (AD) 5; Syed Abdul Karint Vs. Harandra Chandra Dhupi, 14 DLR 847. Lawyers Involved: Akram Hossain Amin, Advocate-on-Record- For the Appellants Abdul Hamid, Advocate, instructed by Md. Aftab Hossain, ...... Reported in: 1 BLD (AD) (1981) 77 ......l is allowed with costs and the judgment of the High Court set aside. Judgment and order of the lower Appellate Court are restored. ED. This Case is also Reported in: 1 BLD (AD) (1981) 77 ..

Category: Property Law, Tenancy Law | Date: 18 Mar, 1980 | Hits: 4

Lt. Col. (retd) M.A. Mannan & others Vs. Bangladesh, 1980, 9 CLC (HCD)

....This Rule is made absolute. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 78     ......oth­ers Vs. EPWAPDA, W.P. No 448 of 1968 (un-reported); Joseph Vilangandoa Vs. Executive Engineer (PWD), AIR 1978 SC 930. Lawyers Involved: Syed Ishtiaq Ahmed with Habibul Islam Bhuiya, Advocates-For the Petitioners M. M. Huq, Assistant Attorney General-For the Respondent. Wr......l Hadi, Managing Partner, Hadi Broth­ers Vs. EPWAPDA, W.P. No 448 of 1968 (un-reported); Joseph Vilangandoa Vs. Executive Engineer (PWD), AIR 1978 SC 930. Lawyers Involved: Syed Ishtiaq Ahmed with Habibul Islam Bhuiya, Advocates-For the Petitioners M. M. Huq, Assistant Attorney Ge......This Rule is made absolute. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 78     ..

Category: Constitutional Law, Corporate Law | Date: 5 Mar, 1980 | Hits: 2

Abdul Majid Akon Vs. Satya Bhoma Nath & others, 1980, 19 CLC (HCD)

....ied to the extent as indicated above. In the result, the Rule is disposed of. However, there will be no order as to costs. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 233. ......oints had been decided earlier by the courts below and as such the learned Subord­inate Judge was not to consider those points afresh and in that view of the matter the contentions of the learned Advocate for the petitioners on other points except ques­tion of maintainability could not be go......ied to the extent as indicated above. In the result, the Rule is disposed of. However, there will be no order as to costs. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 233. ......ied to the extent as indicated above. In the result, the Rule is disposed of. However, there will be no order as to costs. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 233. ..

Category: Property Law | Date: 3 Mar, 1980 | Hits: 8

P.K. Chakraborty Vs. A.P. Chowdhury & Others, 1980, 9 CLC (AD)

.... defence of the tenant appellant does not stand. For the reasons stated above the appeal is dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 19.   ...... on the part of the landlord………………(5) Case Referred to- Ramjan Ali Mistry Vs. Hedayetulla, 31 DLR (AD) 183. Lawyers Involved: B.C Panday, Advocate-on-Record- For the App­ellant. B.B. Roy Chowdhuay, Advocate, instructed by A. Rab ...... defence of the tenant appellant does not stand. For the reasons stated above the appeal is dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 19.   ...... defence of the tenant appellant does not stand. For the reasons stated above the appeal is dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 19.   ..

Category: Tenancy Law | Date: 6 Feb, 1980 | Hits: 2

Liaquat Hossain Chowdhury Vs. Mir Ali Hossain & others, 1980, 9 CLC (HCD)

....e which is impugned is affirmed. There will be no order as to costs. Let the records be sent down expeditiously. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 93.   ......zanur Rahman & others, 29 DLR ($C) 82,; S.N. Gupta & Co. Vs. Sadaananda Ghoss & oth­ers, PLD 1960 Dacca 153. Lawyers Involved: Amirul Islam with Abdul Wadud and Asaduzzaman, Advocates-For the petitioner Rafique-ul-Huq with Fazlul Hague, Advocates-For the opposite parti......e which is impugned is affirmed. There will be no order as to costs. Let the records be sent down expeditiously. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 93.   ......e which is impugned is affirmed. There will be no order as to costs. Let the records be sent down expeditiously. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 93.   ..

Category: Civil Law, Others | Date: 23 Jan, 1980 | Hits: 10

Inu Mia & others Vs. Mokhlesur Rahman & others, 1980, 9 CLC (AD)

....e question of waiver of the right. Both the con­tentions of the appellant fail. Therefore, the appeal is dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 101 ......ce that he had (non notified co sharer) knowledge about the transfer, there is no scope for raising the question of waiver of the right……(8) Lawyers Involved: Abdus Salam, Sr. Advocate, instruction by B.C. Panday, Advocate-on-Record-For the appellants. Rofiqur Rahman, Sr......ht……(8) Lawyers Involved: Abdus Salam, Sr. Advocate, instruction by B.C. Panday, Advocate-on-Record-For the appellants. Rofiqur Rahman, Sr. Advocate, instructed by Zinnur Ahmed, Advocate-on-record-For respondents 1-6. C.A. 109 of 1979 from C.R. 174 of 1977 Judg......e question of waiver of the right. Both the con­tentions of the appellant fail. Therefore, the appeal is dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 101 ..

Category: Civil Law, Property Law | Date: 15 Jan, 1980 | Hits: 1

James Finlay & Co. Ltd Vs. Chaiman Second Labour Court, 1980, 9 CLC (AD)

.... accord­ingly and will, abide by the decisions of the Labour Court. There will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 21     ......l, (1948) 1 KB 424; A Roberio vs. Labour Appellate Tribunal, 27 DLR 98; MS Nabisco Biscuit and Bread Factoty, W.P. No. 397 of 1974 (unreported), Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate, with Altaf Hossain and A. W. Bhuiyan, Advocates, instructed by A. Rab II, Advocate-on-Reco......ration Tribunal, (1948) 1 KB 424; A Roberio vs. Labour Appellate Tribunal, 27 DLR 98; MS Nabisco Biscuit and Bread Factoty, W.P. No. 397 of 1974 (unreported), Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate, with Altaf Hossain and A. W. Bhuiyan, Advocates, instructed by A. Rab II, Ad...... accord­ingly and will, abide by the decisions of the Labour Court. There will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 21     ..

Category: Labour and Industrial Law | Date: 7 Jan, 1980 | Hits: 3

Dhamai Tea Co Ltd. Vs. Arjoon Kumar & another, 1979, 8 CLC (HCD)

....ffirmed. In the facts and circumstances of the case I make no order as to costs. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 432         ......cree of the learned Sub-ordinate Judge. Both these Second Appeals have been heard together and are being disposed of by this judgment. Mr. M. Hafizullah, with Mr. "MahbubeyAlam, the learned Advocates', appear for the plaintiff-appellant in S.A. No. 27/66 and for the plaintiff-responden......llip;…………………..Respondent Judgment December 11, 1979. Result: All petitions are dismissed Cases Referred to- Abdullah Vs. Ahmed Din, reported in 16 DLR (SC) 169; M.N. Clubwala Vs. Fida Hossain Saheb AIR 1965 (SC) 60; Goalu......ffirmed. In the facts and circumstances of the case I make no order as to costs. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 432         ..

Category: Administrative Law, Property Law | Date: 11 Dec, 1979 | Hits: 1

Kazi Akbar Hossain Vs. Shamsuddin Ahmed & others, 1979, 8 CLC (HCD)

....et aside. But it is directed that the suit be disposed of within 3 months from today, Send down the record at once. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 430.   ......nction would result in the final decision .of the suit itself. In that view of the matter the learned District Judge revised the learned Munsif's order. 4. Mr. A.N.M. Ruhul Amin, the learned Advocate appearing for the petitioner, contended that the area for which a Nika Registrar can be app...... once. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 430.   ......et aside. But it is directed that the suit be disposed of within 3 months from today, Send down the record at once. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 430.   ..

Category: Family Law | Date: 30 Nov, 1979 | Hits: 1