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Nurunnessa and ors Vs. Babr Ali Bepari and others, 1981, 10 CLC (AD)
....y B.Hossain, Advocate-on-Record.—Under Rule 1, Order XLV S.C. (A.D.) Rules, 1973. S.R. Pal, Senior Advocate. — Amicus Curiae. Civil Appeal No. 100 of 1979. (From the Judgment and Decree dated 19.3.76 passed by the High Court Division in S. A. No. 973.) Judgment Kemaluddin Hos......to this is section 85 of Evidence Act and clause (3) of section 33 of the Registration Act. It is to be observed that the Law of Nations recognises foreign notarial acts. On foreign notarial acts two decisions may be cited which may be of some assistance for our purpose. In the case of A.J. Primor..Category: Others | Date: | Hits: 128
Abdus Samad & ors Vs. Md. Sohrab Ali and others, 1981, 10 CLC (AD)
.... Abdul Hamid, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record.—For the Respondent No. 1. Civil Appeal No. 127 of 1979. (From the judgment and order dated 14.2.1977 passed by the High Court in Civil Revision Case No. 1696.) Judgment: ......and Tenancy Act, 1950. 2. The short question for consideration in this appeal is whether the learned Single Judge of the High Court correctly appreciated the ratio decidendi of the decision of this Court in Motilal Sikder vs. Benondini Dasi, 28 D.L.R (AD) 5, and whether the same..Category: Property Law | Date: | Hits: 73
Shamuj Ali and other Vs. Kamalarma Bibi and others, 1980, 9 CLC (AD)
....ed by Zinnur Ahmed, Advocate-on-Record.—For the Respondent No. 1. Ex-parte—Respondents No. 2-12. Civil Appeal No. 56 of 1980. (From the Judgement and order of the High Court Division dated July 24, 1979 passed in S.M.A. No. 45 of 197). Judgment Shahabuddin Ahmed J. - This ap......xecution and as such restitution is not part of an execution proceeding, nor is it in the nature of an execution proceeding. In support of this contention Mr. Ahmed has relied upon a number of Indian decision, particularly the following cases: Parmeshwar Singh vs. Sitaldin Dube AIR 1934 All 626; F.B..Category: Procedural Law | Date: | Hits: 111
Ful Chand Das and others Vs. Mohammad Hammad and others, 1982, 11 CLC (AD)
....ucted by M.R. Khan, Advocate-on-Record—For the Respondent No. 1. Ex-parte—Respondent Nos. 2 to 17. Civil Appeal No. 97 of 1978. (From the judgment and decree dated August 28, 1974 passed by the High Court Division in Appeal from Original Decree No. 38 of 19......reed and the sale-deed was ordered to be cancelled, On appeal by the defendant No. 2 a Division Bench of the High Court Division concurred with the trial Court's findings of fact, but relying on a decision in the case of Chittaranjan Sutar v. Secretary, Judicial Department, Government of East Pa..Category: Property Law | Date: | Hits: 75
Abdul Alim and others Vs. A. K. Abdul Hoque and others, 1982, 11 CLC (AD)
....ellants. Shafiqur Rahman, Advocate, instructed by Md. Aftab Hossain, Advocate-on- Record— For the Respondents. Civil Appeal No. 76 of 1979. (From the Judgment and order dated 12.7.78 passed by the High Court Division in S. M. A. No. 7 of 1973). Judgment: ......e. The question is whether these two reliefs come within the meaning of the expression ''same relief" as occurring in section 14(2) of the Limitation Act Mr. Salam has made references to some decisions of the Indian Jurisdiction to show that the reliefs in the Act, should be of similar natu..Category: Property Law | Date: | Hits: 54
Sultan Ahmed, Advocate and others Vs. Haji Sultan Ahmed and others, 1982, 11 CLC (AD)
.... Advocate- on-Record.—For the Appellants. Md. Aftab Hossain. Advocate-on-Record. — For the Respondents. Criminal Appeal No. 7 of 1982. From the judgment and order dated 5th June, 1981 passed by the High Court Division in Criminal Revision Case No. 34 of 1980. ......r respective claims to possession of the land. If the Magistrate considers the case as one of emergency he may at any time attach the subject-matter" of the dispute pending his decision under this section. Section 107, on the other hand, simply empowers a competent Magis..Category: Criminal Law | Date: | Hits: 51
Govt. of Bangladesh Vs. Md. Arshad Ali, 1982, 11 CLC (AD)
....ts. Rafiq-ul-Huq, Senior Advocate instructed by Serajuddin Ahmed, Advocate-on-Record,—For the Respondent. Civil Appeal No. 118 of 1981. From the judgment and order dated April 30, 1981 passed by the High Court Division in Writ Petition No. 760 of 1980. Ju......eciation and it cannot be claimed as a matter of right and as such there being no cause of action for seeking remedy by filing the writ petition, the learned Judge by an erroneous decision made the impugned declaration in favour of the respondent. 6. It appears from the j..Category: Criminal Law | Date: | Hits: 171
M/s. Everett Orient Lines Inc. Vs. Commissioner of Income Tax Ctg Zone, Ctg, 1982, 11 CLC (AD)
....nstructed by Md. Sajjadul Huq, Advocate-on-Record — For the Respondent. Civil Appeal Nos. 129 of 1980 and 130 of 1980. On appeal from the judgment and order dated 23-6-1980 passed by the High Court Division in Application No. 125/72. Judgment: ......ith law." Income Tax Officer was directed to revise the assessment order accordingly. 2. Thereafter, the Department preferred appeal before the Appellate Tribunal against the decision of the Appellate Assistant Commissioner in allowing additional depreciation on the t..Category: Fiscal/Taxation Law | Date: | Hits: 114
Messrs. Haji Noor Ali Sowdagar & Sons Ltd. Vs. Comm. of Sales, Tax, Ctg Zone, 1982, 11 CLC (AD)
....llant, A.M. Mahmudur Rahman, Advocate instructed by Md. Sajjadul Huq, Advocate-on-Record.—For the Respondent. Civil Appeal No, 100 of 1981. From the judgment and order dated 24-6-1980 passed by the High Court Division in Application No. 157 of 1972. Judgment: ......ication No. 157 of 1972. Judgment: Ruhul Islam J.-This appeal by special leave arises from a decision of the High Court Division on an application under section 17(2) of the Sales-tax Act, 19..Category: Fiscal/Taxation Law | Date: | Hits: 95
Mofizur Rahman Khan Vs. Government of Bangladesh, 1982, 11 CLC (AD)
....the Respondent (In Civil Appeal No. 124 of 1981). S.R. Pal and Syed Ishtiaq Ahmed, Senior Advocates—Amicus Curiae. Civil Appeal Nos. 73, 74 and 124 of 1981 (From the Judgment and Orders dated 27.6.1980 and 27.5.1981 respectively passed by the High Court Division in Writ Petition Nos. 1......l not make any law inconsistent with the Fundamental Rights, and any law to made shall to the extent of the consistency be void. 3. Before entering into this question, I will refer to some of the decisions from a long string of cases cited at the Bar. They are: United Province vs. Atiqa Begum, A..Category: Constitutional Law | Date: | Hits: 188
Abdul Halim Mollah @ Monohar Mollah & anr Vs. Member, App Tribunal Dacca & ors., 1982, 11 CLC (AD)
....sudur Rahman, Deputy Attorney General, instructed by B. Hossain, Advocate on Record—For the Respondents. Criminal Appeal No. 18 of 1980. (From the judgment and order dated 3.7.1979 passed by the High Court Division in Writ Petition No. 109 of 1979.) Ju......sp; K. Hossain CJ.- have had the advantage of going through the judgments delivered by my learned brothers Ruhul Islam and Badrul Haider Chowdhury, JJ; and I concur with the decision of Ruhul Islam, J. &nbs..Category: Criminal Law | Date: | Hits: 40
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C.R. Ali, Advocate instructed by Abu Backkar, Advocate-on Record—For the Respondent (In Civil Appeal No. 50 of 1981).
Civil Appeal Nos. 34 and 50 of 1980.
(From the judgment and orders dated July 2, 1980 passed by the High Court Division in Application Nos. 10 of 1977 and 11 of 1978 r......ders dated July 2, 1980 passed by the High Court Division in Application Nos. 10 of 1977 and 11 of 1978 respectively.)
Judgment
Ruhul Islam J.- These two appeals by special leave arise from the decision of the High Court Division under section 66(1) of the Income-tax Act answering the question..
Category: Fiscal/Taxation Law | Date: | Hits: 100
Bangladesh Vs. Md. Matiur Rahman, 1982, 11 CLC (AD)
....ain, Mahmudul Islam, Advocates with him instructed by Md. Aftab Hossain, Advocate-on-Record. —For the Respondent. Civil Appeal No. 121 of 1981 (From the judgment and order dated 3rd April, 1981 passed by the High Court Division in Writ Petition No. 572 of 1980). ......therefore, it has been suggested that it should be reduced to compulsory retirement. Once judicial mind has oscillated on the question of punishment and the harshness has become apparent, the only decision that is called for is to say whether the punishment is contrary to the recommend..Category: Employment/Service Law | Date: | Hits: 87
Rajan Miah Vs. Abdur Rashid and another, 1982, 11 CLC (AD)
.... B. K. Das, Advocate, instructed by Syed Sakhawat Ali, Advocate-on-Record.—For the Respondent No. 1. Civil Appeal No. 75 of 1981. (On appeal from the judgment and order dated 27.1.1978 passed by the High Court Division in Second Appeal No. 467 of 1978.) Judgmen...... of the trial court judgment by the appellate Court below was justified and the plaintiff is not entitled to any relief. In the result, therefore, this appeal is dismissed with cost. Ed. ..Category: Property Law | Date: | Hits: 47
Commissioner of Income Tax Vs. Chowdhury Ramzan Ali and another, 1982, 11 CLC (AD)
..... C R. Ali, Advocate, instructed by Abu Backkar, Advocate-on-Record.—For the Respondent No. 1. Civil Appeal No. 31 of 1978. (From the judgment and order dated 16.2.77 passed by the High Court in Appeal No. 6 of 1968) Judgment: ......n by use of the machinery expressly provided by the Act would appear to be inconsistent with the statutory obligation to pay arising by virtue of the assessment." 9. Thus the decision of the Privy Council that a suit will not lie on any ground whatsoever, to set aside..Category: Fiscal/Taxation Law | Date: | Hits: 85
Rokeya Khatun Vs. Alijan @ Alijan Bepari and ors., 1982, 11 CLC (AD)
....ellant. M. Zahir, Senior Advocate, instructed by Md. Sajjadul Huq, Advocate-on-Record —For the Respondent No. 1. Civil Appeal 140 of 1980. (From the judgment and decree dated 16.3.76 passed by the High Court Division in Second Appeal No. 941 of 1967). Judgment:......o his mother, and the latter did not have any independent advice about the terms of the transaction and the documents were not read out and explained to her. The lower Appellate Court affirmed the decision on taking the view that Meher Afzan Bibi was a pardanashin lady who had no independen..Category: Property Law | Date: | Hits: 57
....q, Sr. Advocate, Habibul Islam Bhuiyan, Advocate with him, instructed by S M Huq, Advocate on-Record — For the Respondents.
Civil Appeal No. 16 of 1980.
(From the Judgment and Decree dated February 28, 1979 passed by the High Court Division in Second Appeal No. 160 of 1979.)
......ncial loss to the University. Further the inquiry was held lawfully and every reasonable opportunity was afforded to the plaintiff-respondent to defend himself. The trial Court decreed the suit its decision was upheld by the first Appellate Court as well as the learned Judge of the High Court Divi..
Category: Employment/Service Law | Date: | Hits: 109
Abu Bakkar Vs. Nazir Ahmed, 1982, 11 CLC (AD)
...., instructed by Md. Aftab Hossain, Advocate on-Record—For the Appellant. Faruque Ahmed, Advocate-on-Record—For the Respondent. Civil Appeal No. 103 of 1981. (From the Judgment and decree dated 9 December, 1980 passed by the High Court Division in Second Appeal No. 648 of 1967.) Judgm......(S.A. No. 648 of 1967) and the High Court Division reversed the finding of the lower appellate court and held that the transaction was an out and out sale. The High Court Division then relying upon a decision of this Division in Civil Appeals No. 31-77 of 1974 held that the transaction was ‘past a..Category: Property Law | Date: | Hits: 58
Khondker Moshtaque Ahmed Vs. Bangladesh, 1982, 11 CLC (AD)
.... Bhuiyan Deputy Attorney-General, instructed by B. Hossain Advocate-on-Record—For the Respondent (In both the appeals). Criminal Appeal Nos. 11 & 12 of 1981 (From the Judgment and Order dated 29th July, 1981 passed by the High Court Division in Writ Petition Nos. 928 and 929 of 1979) ...... Law Regulation by which the amendments have been made to implicate the President in an offence under Regulation No. XI is immune from challenge in any Court." The learned Judges considered the decision of this Court reported in 30 DLR (AD) 207, 32 DLR (AD) 216 and 33 DLR (AD) 154 and added: ..Category: Criminal Law | Date: | Hits: 287
Lebu Mia Vs. Ganesh Chandra Nath and others, 1982, 11 CLC (AD)
...., instructed by Md. Aftab Hossain, Advocate-on-Record—For the Appellant. Miah A. Gafur, Advocate-on-Record—For the Respondent 1. Civil Appeal No. 97 of 1981 (Form the Judgment and Order dated 30-1-81 passed by the High Court Division in Civil Revision Case No. 333 of 1977). Judgment......estion, was registered on 21st June, 1976. So the petition was premature and in that view of the matter dismissed the pre-emption case. On revision being taken, the learned Single Judge following the decision in the case of Abdur Rahman @ Abdul Rahman Vs. Maklis Ali, 31 DLR (AD) 118 held that the pr..Category: Property Law | Date: | Hits: 65
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