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Bangladesh and others Vs. Md. Abdur Rab, 1979, 8 CLC (AD)
....tentious were that the findings of the Screening Board violated the provisions of Articles 5 and 7 of the aforesaid President's Order and Rule 7 framed thereunder and also that the Board violated the principles of natural Justice in not disclosing the content of the report to him. He was, therefore,...... 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. ......an application under Article 102 of the Constitution against the Screening Board dealing with the respondent who belongs to the disciplined force as defined in the Constitution………….(15,16) Lawyers Involved: B. B. Roy Chowdhury, Assistant Attorney General, instructed by M. R. Khan, Adv..Category: Employment/Service Law | Date: | Hits: 102
S.Z.M. Nurul Huq Vs. State, 1981, 10 CLC (AD)
....that an order passed by the reviewing authority is not revisable under section 439 of the Code of Criminal Procedure. In the result both the appeals fail and the same are dismissed. Ed. ......that an order passed by the reviewing authority is not revisable under section 439 of the Code of Criminal Procedure. In the result both the appeals fail and the same are dismissed. Ed. ......p;……………………………………………..Respondent Judgment January 14, 1980. Lawyers Involved: Abdul Hamid Advocate instructed by Aftab Hossain, Advocate-on-Record&mdash..Category: Criminal Law | Date: | Hits: 62
Nani Gopal Saha Vs. Jatindra Lal Chowdhury and others, 1981, 10 CLC (AD)
....s an order in excess of its power as provided under Articles 3 and 7 of the President's Order No. 13 of 1972. In the result, the appeal fails and it is dismissed with costs, Ed. ......s an order in excess of its power as provided under Articles 3 and 7 of the President's Order No. 13 of 1972. In the result, the appeal fails and it is dismissed with costs, Ed. ............................................Appellant Vs. Jatindra Lal Chowdhury and others....................................Respondents Judgment December 11, 1980. Lawyers Involved: B.B.Roy Chowdhury, Senior Advocate instructed by Abdur Rab-II, Advocate o..Category: Constitutional Law | Date: | Hits: 153
Binode Behari Saha Vs. Nitya Gopal Shaha, 1980, 9 CLC (AD)
....ection (1) 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: 33 DLR (AD) 131. ......ection (1) 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: 33 DLR (AD) 131. ......) 50 Indian Case 917, AIR 1931 Lah. 332, Jogir Ahir vs. Bishen Dayal (1891) 18 Cal, Somavhai Premchand vs. Wadilat Premchand 83 (1907) 9 Bom LR 883,—Jeun Muchi vs. Budhiram Muchi, 32 Cal. 339, Cal. Law Journal 143, Suraj Prosad vs. Baldeo, AIR 1928 All. 111, 50 All. 254, Gedi Mai vs. Huna Mal, 19..Category: Procedural Law | Date: | Hits: 147
Nurunnessa and ors Vs. Babr Ali Bepari and others, 1981, 10 CLC (AD)
....edule lands of the plaint. The parties will have opportunity to prove the poÂwer of attorney in the manner indicated above and in accordance with law, we, however, make no order as to costs. Ed. ......edule lands of the plaint. The parties will have opportunity to prove the poÂwer of attorney in the manner indicated above and in accordance with law, we, however, make no order as to costs. Ed. ......¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦..Appellants Vs. Babr Ali Bepari and others......................................... Respondents Judgment August 27, 1980. Lawyers Involved: M.G. Rabbani, Advocate, instructed by B.C.Panday, Advocate-on-Record.—For the..Category: Others | Date: | Hits: 128
Abdus Samad & ors Vs. Md. Sohrab Ali and others, 1981, 10 CLC (AD)
.... pleading before the framing of the issues. So that the other party may not be taken by surprise and is prejudiced in the matter of taking steps to meet the objection. According to his Lordship the principle relating to a partition suit has got no application to a proceeding for pre-emption.......ge cannot be sustained, therefore, the appeal is allowed with costs and the Judgment of the High Court set aside. Judgment and order of the lower Appellate Court are restored. Ed. ......ip;…………Appellant Vs. Md. Sohrab Ali and others..................... Respondents Judgment March 18, 1980. Lawyers Involved: Akram Hossain Amin, Advocate-on-Record.—For the Appellants. ..Category: Property Law | Date: | Hits: 73
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. ......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. ......drul Haider Chowdhury J Khadomul Islam Chowdhury…………………….Appellant Vs. Bangladesh and others ……………………………..Respondents Judgment July 21, 1980. Lawyers Involved: Khandker Mahbubuddin Ahmed, Advocate instructed by Md. Shafiqur Rahman, Advocat..Category: Constitutional Law | Date: | Hits: 160
Shamuj Ali and other Vs. Kamalarma Bibi and others, 1980, 9 CLC (AD)
....tation Act which provides that for an application for execution of a decree the period of limitation of three yean begins, "where there has been an appeal, from the date of the final decree". On that principle the application for restitution was found to have been filed within the period of limitati......the appellate court if appeal is preferred from the decree of reversal of the first appellate court. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: ......arwari A.I.R. 1925 Pat. 1; Somamndaram, A.I.R. 1917 Mad. 185; Venkatraraju, A.I.R. 1943 Mad. 248; Kurgodlgouda A.I.R. 1917 Bom 210; Hamidal, A.I.R. 1921 Bom 67; bhaunath, A.I.R. 1934 Pat. 246(2). Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate, InstrucÂted by Abu Backkar, Advocate-on-..Category: Procedural Law | Date: | Hits: 111
Ful Chand Das and others Vs. Mohammad Hammad and others, 1982, 11 CLC (AD)
.... the statute book, and the existing section or the law remained unaffected. In that process of operation of law section 4 (old) remained unaffected in the statute and it continued to be operative, principles of sound interpretation of statute does not contemplate a legal vacuum in the statute, a......ent of the High Court Division is maintained. Consequently, this appeal stands dismissed without any order as to costs. Ed. This Case is also Reported in: 3 BLD (AD) 1983, 68. ......p;………… Respondents Judgment March 23, 1982. Case Referred to- Mohandra Lal Jaini vs. State of Uttar Pradesh AIR 1963 (SC) 1019. Lawyers Involved: Hamidul Huq Chowdhury, Senior Advocate instructed by Miah Abdul Gafur, ..Category: Property Law | Date: | Hits: 75
Sultan Ahmed, AdÂvocate and others Vs. Haji Sultan Ahmed and others, 1982, 11 CLC (AD)
....gh Court Division dated 5 June 1981, order of the Additional Sessions Judge dated 30th November 1979 and the order dated 16 October 1978 of the learned Magistrate are set aside. Ed. ......gh Court Division dated 5 June 1981, order of the Additional Sessions Judge dated 30th November 1979 and the order dated 16 October 1978 of the learned Magistrate are set aside. Ed. ......hellip;…………... Appellants Vs. Haji Sultan Ahmed and others..................................Respondents Judgment July 27, 1982. Lawers Involved: M. Fazlul Karim, Advocate, instructed by B. C. Panday, Advocate- on-Record..Category: Criminal Law | Date: | Hits: 51
Govt. of BanglaÂdesh Vs. Md. Arshad Ali, 1982, 11 CLC (AD)
....y of Finance dated 18-8-58 by itself presumes a quasi judicial proceeding by an administrative tribunal wherein the presence of the claimant for reward is essential to comply with the rules of principle of natural justice and to afford him an opportunity to establish his claim upon legal ev......e sustained. Therefore, the appeal is allowed. The judgment and order of the High Court Division are set aside and the writ petition is dismissed. We make no order as to costs. Ed. ...... Vs. Md. Arshad Ali………………………………......... Respondent Judgment February 25, 1982. Lawyers Involved: A Wadud Bhuiyan, Deputy Attorney General, B. Hossain, Assistant Attorney G..Category: Criminal Law | Date: | Hits: 171
M/s. Everett OriÂent Lines Inc. Vs. Commissioner of Income Tax Ctg Zone, Ctg, 1982, 11 CLC (AD)
....esult, therefore, both the appeals are allowed. The judgement of the High Court Division is set aside and the orders of the Tribunal are restored. There will be no order as to costs. Ed. ......esult, therefore, both the appeals are allowed. The judgement of the High Court Division is set aside and the orders of the Tribunal are restored. There will be no order as to costs. Ed. ...... Agencies of Bangladesh Ltd..... Appellant. Vs. Commissioner of Income Tax Chittagong Zone, Chittagong……Respondents Judgment March, 11, 1982. Lawyers Involved: Syed Ishtiaq Ahmed, Advocate. Mohammad Hossain, Advocate instructed by S. ..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)
....hy;tention of the assessee cannot be accepted. In my opinion the question has been correctly decided by the High Court Division. Therefore, the appeal is dismissed with costs. Ed. ......hy;tention of the assessee cannot be accepted. In my opinion the question has been correctly decided by the High Court Division. Therefore, the appeal is dismissed with costs. Ed. ......lip;……………………………………………Respondent Judgment April 13, 1982. Lawyers Involved: M, Hassan, Advocate instructed by S.M, Huq, Advocate-on-Record, — Fo..Category: Fiscal/Taxation Law | Date: | Hits: 95
Mofizur Rahman Khan Vs. Government of Bangladesh, 1982, 11 CLC (AD)
.... their place in the historical setting and the present interÂnational milieu. The decisions of courts of other jurisdiction will serve as a helpful guide, but never an authority. 4. Keeping this principle in view, it is to be observed that Parliament is the supreme legislative authority subject...... disposed of in these terms, without any cost. In the result, Civil Appeal Nos. 73 and 124 of 1981 are dismissed. No order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) 321. ...... Corp. City of Abmadabad Vs. New S.S. & Wag Ld. AIR 1970 (SC) 1292; Farzand Ali V West Pakistan (1970) 22 DLR (SC) 208; Sai Md. vs. W st Pakistan PLR (1958)(SC) 181; Millner V. Raita Commonwealth Law Report Vol 66(1942-43): Basanto Co. Ghosh vs. EmÂperor AIR 1944 (P.C.) 36. Lawyers Involved..Category: Constitutional Law | Date: | Hits: 188
Abdul Halim Mollah @ Monohar Mollah & anr Vs. Member, App Tribunal Dacca & ors., 1982, 11 CLC (AD)
....he said Court in the case of S. Kuppuswami Rao V. The King, AIR 194P F. C. 1. The Supreme Court of Pakistan also took similar view in the course of consideration of the question whether the general principles of finality of judgment attaches to the decision or order of the High Court passed......nion is that such appeal cannot be entertained. I would, therefore, allow the appeal. Order of the Court By the majority judgment the appeal is dismissed. Ed. ......Cases Referred To- Dr. Hori Ram Singh V. Emperor, AIR 1939 P.C. 43; S. Kuppuswami Rao V. King AIR 1949; F.C.I. Golzar Hasan Shah V. Gholam Murtaza (1970) 22 DLR S.C. 258. Lawyers Involved: Shaukat Ali Khan, Advocate, instructed by A. Basel Majumder, Advocat..Category: Criminal Law | Date: | Hits: 40
Bangladesh Vs. Md. Misfor Ali and others, 1982, 11 CLC (AD)
....ges, the appeal must succeed. Therefore, the appeal is allowed. The judgment of the High Court Division is set aside and the Writ Petition is dismissed. We make no order as to costs. Ed. ......ges, the appeal must succeed. Therefore, the appeal is allowed. The judgment of the High Court Division is set aside and the Writ Petition is dismissed. We make no order as to costs. Ed. ......ellip;……………………………………………Respondents Judgment March 18, 1982. Lawyers Involved: Matiur Rahman, Assistant Attorney-General, instructed by M.R. Khan, Advoca..Category: Employment/Service Law | Date: | Hits: 92
....dgment and order by the High Court Division are set aside. The appeals are allowed without any order as to costs.
Ed.
This Case is also Reported in: 34 DLR (AD)(1982) 298; 3 BLD (AD) 1983, 48.
......dgment and order by the High Court Division are set aside. The appeals are allowed without any order as to costs.
Ed.
This Case is also Reported in: 34 DLR (AD)(1982) 298; 3 BLD (AD) 1983, 48.
......t. However in that circumstance the assessing officer must record a clear finding of his so doing.
Case Referred to-
Commissioner of Income-tax v. M/s Ata Hossain Khan Ltd. 28 DLR (AD) 141.
Lawyers Involved:
Habibul Islam Bhuiyan, Advocate instructed by Md. Sajjadul Huq, AdvoÂcate-on R..
Category: Fiscal/Taxation Law | Date: | Hits: 100
Bangladesh Vs. Md. Matiur Rahman, 1982, 11 CLC (AD)
....s of its employees were not regulated by any statutory rules. However, an employee of such Corporation is entitled to an opportunity to show-cause against any proposed punishment following the principles of natural justice. In the case of a government servant,' whose terms and conditions of ......ourt Division is set aside and the Writ Petition is dismissed with the modification that; the punishment is altered to compulsory retirement. No order as to costs. Ed. ......p;………………..Respondent Judgment March 4, 1982. Case Referred To- M.A. Hai vs. Trading Corporation (1980) 32 DLR (AD) 46. Lawyers Involved: A.W Bhuiyan, Deputy Attorney-General, instructed by B. Hossain, Advocate-o..Category: Employment/Service Law | Date: | Hits: 87
Rajan Miah Vs. Abdur Rashid and anoÂther, 1982, 11 CLC (AD)
.... 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. ...... 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. ...... Vs Abdur Rashid and another…………………………….. Respondents Judgment March 25, 1982. Lawyers Involved: B. Hossain, Advocate on Record.—For the Appellants. B. K. Da..Category: Property Law | Date: | Hits: 47
Commissioner of Income Tax Vs. Chowdhury Ramzan Ali and another, 1982, 11 CLC (AD)
....e assessment order was enough and the Company Court has no jurisdiction to go behind the assessment order in view of section 67. 11. The Full Bench of Lahore High Court keeping in mind these principles laid down by the Privy Council that the jurisdiction of the Civil Court is barred, overr......ed without any order as to costs. The orders of the Court below are set aside, the proceedings of claims of the appellant before the Company Judge will proceed according to law. Ed. ......gh Investment Co. Vs G-G. in Council AIR 1947 (PC) 78; Ravi Paint Colour & Varnish Works Ltd. Vs Federation of Pakistan PID 1954 (Lab) 551; Sargodha Trading Co. AIR 1943 (Lah) 228. Lawyers Involved: A.K.M Mozammel Huq Bhuiyan. Advocate with Rabia Bhuiyan, Advocate, instruc..Category: Fiscal/Taxation Law | Date: | Hits: 85
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