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Shamuj Ali and other Vs. Kamalarma Bibi and others, 1980, 9 CLC (AD)
...., but if an appeal is filed, from the date of the final decree of the appellate court. Mr. Ishtiaq Ahmed, learned counsel for the appellants has taken pains to press his point that the nature and scope of an application for restitution ere quite different from those of an application for executi......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: ..Category: Procedural Law | Date: | Hits: 111
Abdul Halim Mollah @ Monohar Mollah & anr Vs. Member, App Tribunal Dacca & ors., 1982, 11 CLC (AD)
....and acquittal. On appeal, orders of acquittal have been substituted by orders of conviction. Competency of appeal against orders of acquittal has not been challenged ever since. Similarly, the scope of appeal as provided in sub-section (1) of section 30 of Special Powers Act is wide en......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. ..Category: Criminal Law | Date: | Hits: 40
.... to justify any interference with the order of the Appellate Joint Commissioner of Taxes which is hereby confirmed."
11. From the discussions in the judgments it appears that there is hardly any scope to argue that estimates on sales and gross profits on sales by the Deputy Commissioner of Tax ......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.
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Category: Fiscal/Taxation Law | Date: | Hits: 100
Commissioner of Income Tax Vs. Chowdhury Ramzan Ali and another, 1982, 11 CLC (AD)
....he Company could not be assessed until the price was finalised and since the Company had ceased to function and went into liquidation it ceased to be an assessee and as such there could not be any scope for making assessment of the Income Tax for the assessment year 1962-63. The High......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. ..Category: Fiscal/Taxation Law | Date: | Hits: 85
Hajee Khabiruddin Ahmed Vs. Md. Salam Kabir, 1982, 11 CLC (AD)
....by registered post. In these circumstances, we hold that the conclusions of the learned Judges of the High Court Division have not been correctly drawn. The provisions of section 27 did not leave any scope for drawing any adverse presumption regarding service of notice. In case of a letter sent by r......ter the lapse of a reasonable time. For the reason stated above, the appeal is allowed with costs. The judgment of the High Court Division is set aside and that of the trial court restored. Ed. ..Category: Tenancy Law | Date: | Hits: 67
....or a Statute or regulation made thereunder. As regards the first contention, it is well settled that the jurisdiction of the Civil Court may be excluded expressly or by clear implication from the scope of an Act. Question often arises when an order made or action taken under such Act is challeng......persona! hearing has, in any way, prejudiced the respondent.
For the reasons stated above, the appeal is allowed but without any order as to costs.
Ed.
This Case is also Reported in:
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Category: Employment/Service Law | Date: | Hits: 109
Khondker Moshtaque Ahmed Vs. Bangladesh, 1982, 11 CLC (AD)
....nts as "colorful and malafide." 12. With respect to the learned Judges they misted the ratio of the cases mentioned by them. In 30 DLR (AD) 207 the case of Halima Khatun this Court considered the scope of Martial Law Regulation No. VII of 1977 (Abandoned Properties Supplementary Provision Regula......w Court and the order of Government on review are set aside, The orders of conviction passed on the appellant ate hereby quashed. Ed. This Case is also Reported in: 34 DLR (AD) (1982) 222. ..Category: Criminal Law | Date: | Hits: 287
Bangladesh & others Vs. A. K. M. Zahangir Hossain, 1981, 10 CLC (AD)
....tegory to which they belong, but then in the 'disciplined force' two separate categories have been combined. One is, the army, navy or air force, and the other, the police force. There is, however, a scope for inclusion of some other forces, but that need not concern us. So the police force has been...... member of the said 'disciplined force' if he has been illegally dismissed, removed, discharged, reduced in rank or compulsorily retired. Ed. This Case is also Reported in: 34 DLR (AD) 173. ..Category: Constitutional Law | Date: | Hits: 188
Haripada Biswas Vs. State & another, 1982, 11 CLC (AD)
.... the decision of the High Court Division Is set aside and the proceedings in Criminal Miscellaneous Case No. 687 of 1978 of the Court of Sessions Judge, Bakerganj are hereby quashed. Ed. ......ty of any proceeding of such Inferior court and may when calling for such record direct that the execution of any sentence may be suspended if the accused is in confinement, that he be released on bail or on his own bond pending the examination of the record." This power is given obviously ..Category: Criminal Law | Date: | Hits: 61
Jamil Huq and 11 others Vs. Bangladesh and others, 1981, 10 CLC (AD)
.... 632 to 637 & 639 to 644 of 1981.) Judgment Kemaluddin Hossain CJ.- In concurring with the decision of my learned brother B. H. Chowdhury, I wish to add a few words on the question of the scope of judicial review of a decision of the Field General Court Martial or other such Courts set u......lication under Article 104 of the Constitution is rejected. The verbal prayer for stay of the execution of the sentences made by Mr. MH Khandker is refused. Ed. This Case is also Reported in: ..Category: Constitutional Law | Date: | Hits: 327
Al-Sayar Navigation Co. Vs. Delta International Traders Ltd. and ors., 1982, 11 CLC (AD)
....it was held that section 6 does not confer a maritime lien. The clause in question does no more than confer to the Court of Admiralty jurisdiction to entertain such cases that can be brought within scope and which, it is to be observed, may be instituted in personam as well as in rem. 21. In th......plaintiff is assessed at Tk. 7,36,040/- and the decree is passed accordingly. Civil Appeal No. 38 of 1981 is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: ..Category: Admiralty Law or Maritime Law | Date: | Hits: 264
Habibur Rahman Vs. The State, 1982, 11 CLC (AD)
....n the 22nd day of August, 1975. Both Martial Law courts and Martial Law offences and creations of these Martial Law Regulations They therefore cannot precede these Regulations. As such there is no scope for any Martial Law case having been "withdrawn at any time before the commencement......ed. 6. In this view of the matter both the appeals are, allowed. The order of the High Court Division is set aside. The impugned orders are quashed and the appellant discharged from his bail bonds. &..Category: Criminal Law | Date: | Hits: 46
Assessing Officer, Narayangonj Range and others Vs. Burmah Eastern Ltd., 1981, 10 CLC (AD)
....ven the power to amend or alter the valuation and tax payable for a holding after the last assessment made. He further submitted that the High Court Division erred in law in holding that there was no scope for reopening the assessment under rule 10 on the ground of under assessment and that said p......at the High Court Division has rightly held that the Writ Petition was maintainable. For the aforesaid reasons this appeal is dismissed but without cost. Ed. This Case is also Reported in:..Category: Fiscal/Taxation Law | Date: | Hits: 76
James Finlay and Co. Ltd. Vs. Chairman, Second Labour Court, Dacca and another, 1981, 10 CLC (AD)
....any trade union activities; It asserted that the acts of misconduct which ended in his dismissal were independent of any trade union activities as alleged by the employee. Accordingly, there is no scope of application of section 15 of the Ordinance. 4. Both parties were heard by the Labour......tion 25 of the Act and Civil Appeal Nos. 46 and 47 of 1978 are "disposed of accordingly and will abide by the decisions of the Labour Court. There will be no order as to costs. Ed. ..Category: Labour and Industrial Law | Date: | Hits: 91
Khabiruddin and others Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
....nding by the courts below as to the plaintiffs' possession, and the lower appellate 'Court's other findings of fact were based upon consideration of evidence, the High Court Division had no scope to interfere with the same in revision tinder section 115(l) of the Code of Civil Procedure. ......rlier been an order of remand to the trial Court and the appellants had an opportunity to produce all their papers in support of their case. The appeal is dismissed. No costs. Ed. ..Category: Property Law | Date: | Hits: 69
Alhaj Md. Serajuddowlah Vs. The State, 1991, 20 CLC (AD)
....etitioner summarily. In the result, therefore, this appeal is allowed and the impugned proceeding pending in the Court of the Chief Metropolitan Magistrate, Dhaka is quashed. Ed. .......12.87 under the aforesaid sections has already been submitted and cognizance taken on 24.12.87. The appellant has surrendered pursuant to the Warrant of arrest issued against him and been granted bail by the Sessions Judge, Dhaka. 2. He filed an application under section 561A of the Code..Category: Criminal Law | Date: | Hits: 51
Lutfar Rahman Vs. State, 1973, 2 CLC (AD)
....tion and sentence passed against the appellant under section 420 of the Penal Code are set aside and he is discharged of the bail bond. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 102 ......20 of the Penal Code. The appeal is, accordingly, allowed and the conviction and sentence passed against the appellant under section 420 of the Penal Code are set aside and he is discharged of the bail bond. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 102 ..Category: Criminal Law | Date: | Hits: 84
Bangladesh Vs. Naziruddin Ahmed, 1973, 2 CLC (AD)
....clause (3) and in pursuance thereof the Screening Committee conducted an enquiry under the Public Conduct (Scrutiny) Ordinance, 1959 and submitted its finding and recommendation there could be no scope for the Governor to turn round and pass the impugned order of retirement under sub-clause (b) ......f the High Court are reversed. The plaintiff's suit is dismissed. In the circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 94. ..Category: Administrative Law | Date: | Hits: 106
Bangladesh Vs. Abdul Wadud and ors., 1973, 2 CLC (AD)
....hough he made no such statement in the plaint. The plaintiff stated in the plaint that he had to stop the work as per prohibitory direction of the Sub-divisional Officer dated 17.8.62. So there is no scope for making out a case of completing the work on 20.8.62 unless it is so stated that he was all......s remanded to the trial Court for disposal in accordance with law. In the circumstances of the case there will be no order as to cost. Ed. This Case is also Reported: 25 DLR (SC) (1973) 90. ..Category: Others | Date: | Hits: 103
Mohammad Sharif, s/o Barkhurdar Vs. Mohammad Ashraf, 1973, 2 CLC (AD)
.... to the Court of Sessions Judge for trial on charges punishable with death or transportation for life, his bail may be cancelled. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 71. ...... 1. Mohammad Ashraf son of Sad Ali, 2. The State......Respondents Judgement February 18, 1971. High Court not to make observation prejudicing the trial in disposing of bail application The Judges of High Courts should refrain from making observations, which may le..Category: Criminal Law | Date: | Hits: 60
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