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....nt for a period exceeding 12 months is permissible only in a case when the income previous to the peÂriod of twelve months, namely, the assessÂment year, is not barred by limitation. ConÂsensus of judicial opinion is that in such a case the period already barred by limiÂtation cannot be tagged l......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.
..
Category: Fiscal/Taxation Law | Date: | Hits: 78
People's Republic of Bangladesh Vs. Sri Sri Madan Gopal Jew Bigraha and ors., 1981, 10 CLC (AD)
....Order which came much later than the observations of the Dacca High Court on the question in plain language bars such suits and directs abatement of such pending suits, and this law supersedes this judicial observation and this is the present law in force. In this view of the matter, we all...... of the first appellate Court is empowered to question validity of Hate Court and restore that of the trial Court recording abatement of the suit, There will be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 44
Abdul Jabbar Khan @ Jabbar Khan & ors Vs. State and another, 1980, 9 CLC (AD)
....nitiated by his taking cognizance of the offence alleged by the complainant or the prosecution. 9. It is unnecessary to review the decisions on the point any further and the preponderÂance of the judicial opinion is that a transferee Magistrate can take cognizance of a person against whom eviden......oned in the original comÂplaint 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 ..Category: Criminal Law | Date: | Hits: 60
Bangladesh Vs. Hail Abdul Gani Biswas and others, 1980, 9 CLC (AD)
....6G were not consiÂdered to be necessary to be included in secÂtion 95 at the time when the East Pakistan State Acquisition and Tenancy Act was enacÂted or where the legislature lost right of those judicial authorities which gave strict interpreÂtation to the usufructuary mortgage as used in sect......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 ..Category: Property Law | Date: | Hits: 85
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 proceeÂdings are to continue in accordance with law. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 229 ......eld that the function of the Sessions Judge as a Court of Criminal revision is comÂpletely different from that of Special Tribunal under the Special Powers Act and there can be no overlapping of the functions. They are to be kept distinct and separate and if that is not done the Sessions Judge will..Category: Criminal Law | Date: | Hits: 33
M/s. Hossain Ahmed Vs. M/s. H. D Hossain & Brothers, 1980, 9 CLC (AD)
....s is not in favour of granting injunction in such a matter but he vigorously contended that in an age when all walks of life are being regulated by the state, this Court should consider as to how far judicial control is necessary for the perseverance of the non legal rights of the citizens. The lear...... allÂowed 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 ..Category: Others | Date: | Hits: 94
Nasiruddin Vs. Government of the People's Republic of Bangladesh & ors, 1980, 9 CLC (AD)
....But an act which is manifestly without jurisdiction, such as the property which not being an abandoned property within the meaning of Presidential Order 16 of 1972 is declared to be so, or in case of judicial or quasi judicial act which is coram non judice, the use of the expression 'purported exerc......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 ..Category: Constitutional Law | Date: | Hits: 157
Gopinath Ghose Vs. State, 1980, 9 CLC (AD)
....of the Constitution. In the result the appeal is allowed, the impugned proceeding is quashed and the gold is escheated to the State. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 177 ......of the Constitution. In the result the appeal is allowed, the impugned proceeding is quashed and the gold is escheated to the State. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 177 ..Category: Criminal Law | Date: | Hits: 42
Director of Taxation & Excise, Govt of East Pak. (now BD) Vs. Mehdi Ali Khan Panni, 1980, 9 CLC (AD)
....f the proposition that a taxing statute is to be construed strictly in favour of the subject. But this view though not abandoned in case of unreÂsolved ambiguity, does no longer find favour with the judicial authorities. This view of strict construction prevailed at a time when the doctrine of lais......y order as to costs. ORDER OF THE COURT According to the majority view the appÂeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 138 ..Category: Trust/Waqf Law | Date: | Hits: 239
State, People's ReÂpublic of Bangladesh and others Vs. Haji Joynal Abedin, 1980, 9 CLC (AD)
....the order of conÂviction and sentence is wholly illegal and a nullity in the eye of law; and it being violative of the fundamental right guaranteed under Article 32 of the Constitution is subject to judicial review under Article 102 of the Constitution. It was further argued that in spite of the Pr......he High Court may if satisfied that no other equally efficacious remedy is provided by law (a) on the applicaÂtion of any person aggrieved, make an order:— (i) directing a person performing any functions in connection with the affairs of the Republic or of a local authority to refrain from doi..Category: Criminal Law | Date: | Hits: 294
Salimuddin Ahmed Vs. The State, 1980, 9 CLC (AD)
....ceedings of the instant case should be quaÂshed. Mr. Aleem-Al-Razee, appearing for the petitioner, contended that the charge-sheet bad been submitted against the petitioner on the ground that extra judicial confession had been made by one of the accused implicating the petitioner as being the real......t the proceeding should be quashed at this stage. In the result, therefore, this appeal is disÂposed of with observation aforesaid. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 103 ..Category: Criminal Law | Date: | Hits: 51
A. Z. Rafique Ahmed Vs. BD Council of Scientific and IndusÂtrial Research & ors, 1980, 9 CLC (AD)
....ion is set aside and it is declared that the order of dismissal of the appellant is without any lawful authority and of no legal effect. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 83 ......ster to be kept for the purpose and to call the Roll of Members, and no such person shall be deemed to have become a member unless he has signed the said Roll of Members. Clause 5 and 6 provide the functions and terms of the Board which read as under; 5. FUNCTIONS OF THE BOARD.-The function..Category: Employment/Service Law | Date: | Hits: 130
Cherag Ali and others Vs. State and anothers, 1980, 9 CLC (AD)
.... order of the Magistrate dated 27.2.75, because, the case being a pending one it was not affected by the repeal of P.O. 50 of 1972. The learned Counsel contended that the order of discharge being a judicial order it could not be superseded by a subsequent order passed by the learned Magistrate, an......er of the Magistrate dated February 27, 1975 is quashed. The case should proceed in accordance with law and the observations made above. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 71 ..Category: Criminal Law | Date: | Hits: 48
Ahmed Hossain & ors Vs. Basharat Ali and ors, 1980, 9 CLC (AD)
....s. The judgment of the High Court Division and those of the Courts below are set aside and the application for pre-emption is dismissed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 54 ......s. The judgment of the High Court Division and those of the Courts below are set aside and the application for pre-emption is dismissed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 54 ..Category: Property Law | Date: | Hits: 66
Md. Shahidul Haque Vs. Mst. Rahiman Bibi and another, 1980, 9 CLC (AD)
....o the executing proceedings after long lapse of time, if the tenant does not vacate the premises even after one year's time, obviously is not looking to the interest of the decree-holder. It is not a judicial exercise of discretion and, as such, it; cannot be sustained. 4. Mr. Abdur Rahim, the le......that part of the order of the High Court Division granting time to the tenant-Respondents to vacate the premises by 31st December, 1979. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 52 ..Category: Tenancy Law | Date: | Hits: 69
Syed Masud Ali and others Vs. Md. Asmatullah & others, 1980, 9 CLC (AD)
....rst schedule land of the plaint if the plaintiff so desires to proceed. In the circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 39 ......rst schedule land of the plaint if the plaintiff so desires to proceed. In the circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 39 ..Category: Trust/Waqf Law | Date: | Hits: 196
Bangladesh Vs. Shahjahan Siraj @ Sirajul Islam, 1980, 9 CLC (AD)
.... the First informaÂtion Report belonged to Jatya Ganataatrik Dal. In a public meeting held in Paltan Maiden on March 17, 1974, the respondent and some other leading members of the party delivered prejudicial speeches and after annÂouncing the programme of gherao a procesÂsion of six to seven thou......s before the Special Tribunal will proceed according to law. The Respondent will continue the same bail till the conclusion of the trial. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 1 ..Category: Criminal Law | Date: | Hits: 66
Mofazzal Hossain Mollah and others Vs. State, 1993, 22 CLC (AD)
....p; Shahabuddin Ahmed CJ.- In this appeal by special leave, the short question is whether the High Court Division applied its judicial mind while summarily rejecting an application by the accused-appellants under sectio......peal is allowed and the order of conviction and sentence set aside and they are directed to be released their bail bonds. Ed. This case is also reported in: 45 DLR (AD) (1993) 175 ..Category: Criminal Law | Date: | Hits: 44
Jogendra Kumar Dutta Vs. Nur Mohammad and others, 1993, 22 CLC (AD)
.... the learned Counsel, Mr. Syed Ishtiaq Ahmed. 13. The appeal, therefore, is allowed without any order as to costs, Ed. This case is also reported in: 45 DLR (AD) (1993) 173 ...... the learned Counsel, Mr. Syed Ishtiaq Ahmed. 13. The appeal, therefore, is allowed without any order as to costs, Ed. This case is also reported in: 45 DLR (AD) (1993) 173 ..Category: Civil Law | Date: | Hits: 112
Kalu and another Vs. State, 1993, 22 CLC (AD)
.... Court Division in upholding the conviction and sentence of the appellants. The appeal is accordingly dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 162 ...... Court Division in upholding the conviction and sentence of the appellants. The appeal is accordingly dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 162 ..Category: Criminal Law | Date: | Hits: 58
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