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Khondker Moshtaque Ahmed Vs. Bangladesh, 1982, 11 CLC (AD)
....1979) Judgment Badrul Haider Chowdhury J.—These are certificated appeal under Article 103 of the Constitution from the judgment In Writ Petition Nos. 928 and 929 of 1979 discharging the Rule, Facts are as fellow: The appellant Khondker Moshtaque Ahmed was convicted by the Special Marti......; State Vs. Zia-Ur-Rahman PLD 1973 (SC) 49; Federation of Pakistan Vs. Saeed Ahmed PLD (SC) 151; Jamil Huq Vs. Bangladesh (1982) 34 DLR(AD) 125; A Rouf Vs. Abdul Hamid Khan (1965 17 DLR (SC) 515. Lawyers Involved: MH Khandker and Khandker Mahbub uddin Ahmed, Senior Advocates with Nizamuddin ..Category: Criminal Law | Date: | Hits: 287
Lebu Mia Vs. Ganesh Chandra Nath and others, 1982, 11 CLC (AD)
....al below and remit the case back to the said Court of appeal below for its disposal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) 220.......ut by then the document had been registered and so the pre-maturity could be said to have been cured……..(3) Case Referred to- Abdur Rahman @ Abdul Rahman Vs. Maklis Ali, 31 DLR (AD) 118. Lawyers Involved: Md. Hannan, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record—For..Category: Property Law | Date: | Hits: 65
Haji Tajamal Ali being dead his heirs: Kamarunnesa & ors. Vs. Abdus Sattar & ors, 1982, 11 CLC (AD)
....ernment. Pre-emption was disallowed in that case on reversal of the High Court Division’s decision as the pre-emptor was not found to have owned any land 'contiguous to the land transferred. Rule of bar of partial pre eruption was discussed in both the cases referred to above and it was he......ondent Judgment March 31, 1982 Cases Referred To- Akhtarun Nesa vs. Habibullah (1979) 31 DLR (AD) 88; Ahmed Hossain vs. Basharat Ali (1980) 32 DLR (AD) 54. Lawyers Involved: Rafiqur Rahman, Sr. Advocate, instructed by Zinnur Ahmed, Advocate on-Reco..Category: Property Law | Date: | Hits: 66
Bangladesh Vs. Hon'ble Judge, Prize Court, HCD, Supreme Court Building, Dacca, 1982, 11 CLC (AD)
....e Fund undoubtedly belongs to the State, it was held that the fund would only be disposed of by judicial order of the Prize Court in an appropriate proceeding Reference was made to certain relevant Rules under Order XXXIV of the Prize Court Rules, 1939 which are quoted below: &......Present : F.K.M.A. Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Bangladesh represented by the Secretary, Ministry of Law and Parliamentary Affairs, Government of Bangladesh……………&hel..Category: Others | Date: | Hits: 116
Abdul Hamid Vs. Abdul Jabbar , 1982, 11 CLC (AD)
....o this modification the appeal is allowed, the order of the High Court Division is set aside and that of the Subordinate Judge is restored. There will be no order as to costs. Ed. ......t Vs. Abdul Jabbar…………………………………... Respondents Judgment Feb. 18, 1982. Lawyers Involved: SM. Zillul Huq Advocate, Supreme Court instructed by Md Aftab Hossain, Adv..Category: Civil Law | Date: | Hits: 82
Bangladesh & others Vs. A. K. M. Zahangir Hossain, 1981, 10 CLC (AD)
.... by the Privy Council in the case of Venkata Rao vs. Secy of State, AIR 1937 PC 31. After review of a number of decisions with reference to section 96-B of the Government of India Act, 1919 and the Rules framed thereunder, it has been held, that, unless in special cases, where it is otherwise pr......N Sharma, AIR 1965 SC 1595; APHL Conference, Shillong Vs. WA Sangma, AIR 1977 SC 2155; Durga Shanker Mehta Vs. Raghuraj Singh, AIR 1954 SC 520; Royal Aquarium Vs. Parkinson 1892 (1) CB 436 (466). Lawyers Involved: K. A. Bakr, Attorney-General, with A.W. Bhuiyan, Deputy Attorney-General, inst..Category: Constitutional Law | Date: | Hits: 188
General Manager Jamuna Oil Company Ltd. Vs. Golap Rahman & another, 1982, 11 CLC (AD)
....bsequently upgraded as Chief Driver of the Tanker and since then he had been enjoying the pay scale, facilities and privileges of a member of the management staff in Group III. According to Marine Rules the service of the Respondent No. 1 who attained 57 years of age was terminated. He was given......al Bank of Pakistan vs Md. Golam Mostofa, (1975) 27 DLR 158; Aminul Islam vs. James Finlay, (1974) 26 DLR (SC) 33; Project-in-Charge, Paruma Ltd., vs. Aminur Rahman Khan, (1979) 31 DLR 124. Lawyers Involved: Asrarul Hossain, Senior Advocate (Abdul Azim, Advocate with him) Instructe..Category: Labour and Industrial Law | Date: | Hits: 97
Bangladesh Vs. Winifred Rubi & ors., 1982, 11 CLC (AD)
.... 7. In the result, therefore, this appeal is allowed. And the Judgement of the High Court Division are set aside and the writ petition is dismissed. There will be no order as to cost. Ed. ...... Vs Winifred Rubi & ors………………………………..Respondents Judgment Feb. 24, 1982. Lawyers Involved: K. A, Bakr, Attorney General, A.W. Bhuiyan, Deputy Attorney General, with ..Category: Property Law | Date: | Hits: 65
Md. Habibur Rahman & ors. Vs. Hasen Ali Mondal and others, 1982, 11 CLC (AD)
....ersons mentioned in section 13. Apart from the submissions of the learned Counsel for the appellant though the Union Parishad Members and Chairman (Resignation, Removal and Vacation of Office) Rules, 1979 was promulgated on a date subsequent to the date on which the impugned notification wa......hellip;……………... Respondents Judgment April 2, 1980. Case Referred to- Azizul Molla vs. Taher Ali Sarder (1980) 32 DLR (AD) 61. Lawyers Involved: Md, Fazlul Karim, Senior Advocate, Mahbubey Alam, Advocate with him, instr..Category: Employment/Service Law | Date: | Hits: 100
Md. Enayet Ali Vs. Munsif of First Court at Khulna & Election Tribunal and others, 1982, 11 CLC (AD)
.... of Paurashava was challenged by a petition filed by the respondent alleging that the election was vitiated amongst others on account of contravention of rules 37, 38 sad 39 of Paurashava Election Rules, 1977. Election in two centres, namely Rupsha Primary School Centre and Baniakhamar Hafizia M......……...Appellant. Vs. Munsif of First Court at Khulna & Election Tribunal and others....................... Respondents Judgment June 19, 1981. Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate, Supreme Court, (M/S Zamiruddin A..Category: Election Law | Date: | Hits: 121
Haripada Biswas Vs. State & another, 1982, 11 CLC (AD)
....egram. The appellant moved the High Court Division in criminal revision for quashing of the proceedings under section 561 A of the Code of Criminal Procedure. The learned Judges discharged the Rule in Criminal Miscellaneous Case No. 687 of 1978 holding that section 435 Criminal Procedure Co......tate & another ……………………………………….Respondents Judgment Jan. 4, 1982. Lawyers Involved: Dr. Aleem-Al-Razee, Advocate instructed by Aminul Hug, Advocate-on-Record&..Category: Criminal Law | Date: | Hits: 61
Jamil Huq and 11 others Vs. Bangladesh and others, 1981, 10 CLC (AD)
.... that at "material time, the applicant was a soldier, but it was contended that the second court had no jurisdiction to deal with him, because it was not convened "forthwith" in accordance with the Rules of Procedure, 1926 r. 34(c). It was held that the High Court could only interfere with militar......ign C. (Commission) 1969(1) All ER 208; Ex Rel, French vs. Weeks, 259 US 326; R. vs. Secretary of State for War 1949(1) All ER 242; R. vs. O/C Depot Battalion 1949, All ER 373; Burns vs. Wilson, 97 Lawyers Edition, 1508; Kartar Singh vs. Imperator, AIR 1946 Lah. (FB) 1C3. Lawyers Involved: ..Category: Constitutional Law | Date: | Hits: 327
Al-Sayar Navigation Co. Vs. Delta International Traders Ltd. and ors., 1982, 11 CLC (AD)
....fying the ranking of claims. (International Conventions of Merchant Shipping—Singh 2nd Edition, 1978). 19. The same author refers to the International convention for the unification of certain Rules relating to the maritime liens and mortgages in 1967 held at Brussels, "having recognised the ......n vs. Bucknall Brothers 1902 (2) KB 614; Hadley Vs. Baxendale 1854, 9 Ex. 341; United States vs. Middleinn, 1924, 3 Fed Rep (2nd) 384; Monarach SS Co. Vs. A/B Carlshons, 1949 All LR Vol. J page 1. Lawyers Involved: Dr. Kamal Hossain, Senior Advocate, with Shah Abu Nayeem, Advocate, instructed..Category: Admiralty Law or Maritime Law | Date: | Hits: 264
Commissioner of Taxes, Ctg Zone, Ctg Vs. M/s Free School Street Properties, Ltd, 1982, 11 CLC (AD)
....activities are undoubtedly business activities in its natural sense. We must, therefore, hold that the house properties in the instant case should be valued under rule 8(9) of the Wealth Tax Rules and not under Rule 8(3)." 3. The Commissioner of Taxes raised a question of l......hy;sioner of Income Tax W.B. 1962 I. T.R. 362 ; Karnani Properties Ltd. V. Com. of Income Tax W.B. 1971 I.T.R. 547 : S.G. Mercantile Corporation Ltd. Vs. Com. of Income Tax 1972 I.T.R. 700. Lawyers Involved: A. M. Mahmudur Rahman, Advocate instructed by Md. Sajjadul Huq, Advoc..Category: Fiscal/Taxation Law | Date: | Hits: 78
Ranabir Purkayastha @ Bhanu Vs. Alekjan Bibi and ors., 1982, 11 CLC (AD)
....urt of Subordinate Judge, Second Court, Sylhet by the trial Court. The appeal is disposed of in the aforesaid terms. Ed. This Case is also Reported in: 1982 BLD (AD) 25. ...... and ors…………………………………………..Respondents Judgment November 2, 1981. Lawyers Involved: Rafiqur Rahman, Senior Advocate, instructed by Gazi Abdul Mannan, Advocate..Category: Criminal Law | Date: | Hits: 39
Commissioner of Income Tax, Dacca Vs. Adamjee Sons Ltd., 1982, 11 CLC (AD)
....sion came to the conclusion that the Wealth Tax Officer is to determine the net value of the assets of the business as a whole, as contemplated under section 7(2) (a) Wealth Tax Act read with Rule 8(9). 2. Leave was granted to consider whether the High Court Division was correct in t......ct. 22, & Dec. 2, 1981. Cases Referred To: Commissioner of Wealth Tax vs. K.M. Desikar 92 I.T.R. 101; Commissioner of Wealth Tax vs. Pershow Properties 1969 I. T. R. 388. Lawyers Involved: Mahmudur Rahman, Advocate-on-Record, instructed by Md. Sajjadul Huq, Advoc..Category: Fiscal/Taxation Law | Date: | Hits: 73
Commissioner of Income Tax Vs. Mrs. Masuda Khatun, 1982, 11 CLC (AD)
....;cient to pay even 5% dividend and tax-holiday companies which are not public companies under the Companies Act and where paid up capital and fee reserved do not exceed Rs. 5 lacs. Rules have been framed by the Government called the “Income Tax Exemption of Industrial ....... EVH. Miller PLD 1956 (Lah) 45; Hamilton Vs Commissioner, Inland Revenue '6 Tax Cases 221; Cape Brandy Syndicate vs. I.R. (1921) 1KB 54; H. L. Canadian Eagle Oil Co. vs. King 27 T. C. 205. Lawyers Involved: A.K.M. Mozammel Hoque Bhuiyan with Rabia Bhuiyan, Advocate, instructed by ..Category: Fiscal/Taxation Law | Date: | Hits: 75
Ramesh Chandra Dutta Vs. Nimai Kumar Dutta and ors, 1982, 11 CLC (AD)
....ers had any independent income to acquire, the presumption of jointness is not reversed. That being the position we do not find any merit in this review petition, which is dismissed. Ed. ......ip;…………Respondents Judgment Nov. 19, 1981. Case Referred to- Randhi Appalaswami vs. Randhi Surjanarayanmurti, 52 C.W.N. (P. C.) 505. Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate B K, Das, Advocate, with ..Category: Property Law | Date: | Hits: 65
Nurjahan Begum, wife of Mahmudur Rahman Vs. Mahmudur Rahman Mullick , 1982, 11 CLC (AD)
....not be sustained. In the result the appeal is allowed, judgment and decree of the trial Court and those of the High Court Division are set aside and the suit is dismissed with costs. Ed. ......ain Vs. Gunga-pershad Gossain (1854) 6 Moore's Indian Appeal 53; Imambandi Begum vs. Kumleshwari Pershad (1886) L.R. 13 LA. 160; Ram Narain vs. Muhammad Hadi (1898) L.R. 26 1. A. 38. Lawyers Involved: M. H. Khondaker, Senior Advocate, (M/s, Azizur Rahman Chowdhury and Fazlu..Category: Property Law | Date: | Hits: 448
Habibur Rahman Vs. The State, 1982, 11 CLC (AD)
....retrial is set aside and the order of the Special Tribunal dated 1-8-1975, allowing the withdrawal is restored. Consequently the petitioner stands acquitted under section 494 Cr.P.C. Ed. ......The State……………………………………Respondent (in both the appeals) Judgment June 15. 1981. Lawyers Involved: Aminul Huq, Advocate on Record -For the Appellant (in both the appeals) ..Category: Criminal Law | Date: | Hits: 46
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