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Collector of Customs, Custom House, Chittagong and others Vs. A. Hannan, 1990, 19 CLC (AD)
.... the matter the opinion is that the appeal must be dismissed. In the result, this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 167. ...... the solemn promise made by the appellant incurred huge expenditure and if the appellant is not held to its promise, the respondent would be put in a very disadvantageous position and, therefore, the principle of promissory estoppel can also be invoked in this case. …………(14 & 20) Case......cting upon the solemn promise made by the appellant incurred huge expenditure and if the appellant is not held to its promise, the respondent would be put in a very disadvantageous position and, therefore, the principle of promissory estoppel can also be invoked in this case. …………(14 & 2...... the matter the opinion is that the appeal must be dismissed. In the result, this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 167. ..Category: Fiscal/Taxation Law | Date: | Hits: 153
Commissioner of Taxes, Dhaka (West) Zone, Dhaka Vs. Shahabuddin Ahmed, 1989, 18 CLC (AD)
....ed and the decisions of the courts below are affirmed though not necessary on the same reasonings. There is no order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 162. ......ed and the decisions of the courts below are affirmed though not necessary on the same reasonings. There is no order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 162. ...... President’s Order No. 21 of 1973, in other words, whether salary income of a Judge of the Supreme Court of Bangladesh exempted from income tax under Article 10 of P.O. 21 of 1973 could be included for the purpose of taxation while computing total income of an assessee judge. Held: Section 60 of t......mplication arising from the scheme of the Act or its provisions, exclusion operates in the computation of the total income not only for the purpose of liability to tax but also for the purpose of determination of rate. If the intention of the legislature is to exclude such income from the co..Category: Fiscal/Taxation Law | Date: | Hits: 111
Government of Bangladesh & ors. Vs. Md. Hasan Shahid & ors., 2006, 35 CLC (AD)
....intain status-quo in respect of appointment till disposal of the appeals. The petitioners are directed to make the appeals ready for expeditious hearing within 6 (six) months. Ed. ......s on the basis of requirement and the court has no jurisdiction to compel the Government to create post in the revenue budget by applying the legitimate expectation of the writ petitioners and the principle of promissory estoppel. 21. He thereafter submits that sometimes infrastructures a......Not represented-Respondent Nos.2-133(In Civil Petition No. 990 of 2005). Not represented-Respondent Nos. 2, 5-7 10-13, 15-19, 22-113 (In Civil Petition No. 58 of 2005). Civil Petition for leave to Appeal No. 989 and 990 of 2005 (From the Judgment and Order dated 10.05.2005 p......intain status-quo in respect of appointment till disposal of the appeals. The petitioners are directed to make the appeals ready for expeditious hearing within 6 (six) months. Ed. ..Category: Employment/Service Law | Date: | Hits: 56
Mosharraf Hossain Chowdhury and other Vs. Md. Jahurul Islam Chowdhury & ors, 2006, 35 CLC (AD)
....is directed to handover the property of schedule 'Kha' and 'Ga' to the appellants i.e. the contesting defendants. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 133; ......is directed to handover the property of schedule 'Kha' and 'Ga' to the appellants i.e. the contesting defendants. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 133; ...... 1970 of the Court of Subordinate Judge (now Joint District Judge) Rangpur in Other Suit No. 45 of 1968 so far the same relates to the land described in schedule 'Kha' and 'Ga' of the plaint. The aforementioned suit was filed seeking declaration of title in respect of the land of schedule 'Ka' o......howdhury this being the position the production of the Ext.1 from the possession of plaintiff No. 2 as was correctly considered by the trial Court can not be considered the factor in the determination of the character of the Ext.1 i.e. whether the document Ext.1 was a benami or a sale ..Category: Property Law | Date: | Hits: 67
Bangladesh Shipping Corporation & others Vs. Mohammad Hossain & others, 2006, 35 CLC (AD)
.... committed error of law in making the Rule absolute and as such judgment of High Court Division requires interference. The appeal is accordingly allowed without any order as to cost. Ed. ......to the post of the Deputy General Manager without considering the case of the writ petitioner, although he is senior to both of them, in violation of regulation No.6 (3) which incorporates the principle of seniority-cum-merit for promotion. The Writ Petitioner made representation and the Bo......No.4 joined as a Commercial Officer in 1980 and the writ respondent No.5 joined as a senior clerk on 10.01.1984 and both were promoted as Assistant General Managers on 29.01.1989 and therefore, they are junior to the writ petitioner. The further case is that the Board of Directors of BS...... committed error of law in making the Rule absolute and as such judgment of High Court Division requires interference. The appeal is accordingly allowed without any order as to cost. Ed. ..Category: Employment/Service Law | Date: | Hits: 91
Md. Akbor Hossain and others Vs. Md. Safiruddin and others, 2005, 34 CLC (AD)
.... are of the view that the High Court Division on correct appreciation of law and facts gave its decision which does not call for any interference. The petitions are dismissed. Ed. ...... are of the view that the High Court Division on correct appreciation of law and facts gave its decision which does not call for any interference. The petitions are dismissed. Ed. ...... Respondents (In both the cases) Judgment: Md. Tafazzul Islam J.- These petitions for leave to appeal arise out of the judgement and order dated 21.07.2003 passed by a Single Bench...... Civil Revision Nos. 6923 & 6922 of 1991 in the High Court Division obtained the Rules but after hearing the High Court Division discharged the Rules holding that the only point for determination was whether the oral gift was a genuine one and that the appellate court properly hel..Category: Property Law | Date: | Hits: 27
Shafiqul Islam Chowdhury (Md.) and ors. Vs. Mustafizur Rahman and ors., 2008, 37 CLC (AD)
....tition as an alternative prayer. The appeal is accordingly, allowed without any order as to cost. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 42 ; V ADC (2008) 329. ......tition as an alternative prayer. The appeal is accordingly, allowed without any order as to cost. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 42 ; V ADC (2008) 329. ......izur Rahman and ors ................Respondents Judgment January 7, 2008. The Code of Civil Procedure, 1908 (V of 1908), Order VI rule 17 Substitution of the prayer for recovery of possession in a prayer for partition by amendment of plaint in a suit for declarati......om the pleadings of the parties, it is clearly discernible that both the parties are co-sharers to the disputed holding by purchase and exchange. The only question that is raised and calls for determination is, whether the plaintiffs are owners having title to the land described in the Kha s..Category: Property Law | Date: | Hits: 39
Golden Re-Rolling Ind. Ltd Vs. Sub Judge, Artha Rin Adalat No. 1 Dhaka & anr, 2008, 37 CLC (AD)
....do not find any cogent reason to take a different view in the instant case. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 38. ......ection 151 of the Code of Civil Procedure was filed but the same was rejected on the ground of maintainability as noticed earlier. 6. The High Court Division held that it is an established principle of law that where an alternative remedy exists a party cannot have recourse to the inhere...... the Petitioner. Shamim Khaled, Advocate instructed by Abu Siddique, Advocate-on-Record—For Respondent No. 2. Not represented—Respondent No. 1. Civil Petition for Leave to Appeal No. 1407 of 2004. (From the judgment and order dated 18-2-2004 passed b......do not find any cogent reason to take a different view in the instant case. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 38. ..Category: Civil Law | Date: | Hits: 115
National Tea Company Ltd. Vs. Deputy Commissioner, Habiganj and ors, 2008, 37 CLC (AD)
....eement dated March 19, 1988 was not legal and the said action was taken without lawful authority. Accordingly, the appeal is allowed without any order as to costs. Ed. ......eement dated March 19, 1988 was not legal and the said action was taken without lawful authority. Accordingly, the appeal is allowed without any order as to costs. Ed. ......a and other allied products, the appellant and the Deputy Commissioner, Habiganj entered into an agreement on March 19, 1988 and thereof the appellant was granted lease of Chundeecherra Tea Estate for a period of 35 years for the purpose as stated hereinbefore, the Government on July 15, 1......ince the lessee's steps to take lease of the Balumohal on a token price, to which government did not agree, is not material and relevant in the background of the facts and the question calling for determination. The sole question is, how far the Government in the absence of attracting the provis..Category: Property Law | Date: | Hits: 43
State Vs. Abdul Kader alias Kada and others, 2008, 37 CLC (AD)
....ts are directed to surrender to their respective bail bond to serve out the remaining part of their sentence awarded by the trial Court. Ed. This Case is also Reported in: 19 BLT (AD) 2011, 38. ......ized persons responsible for causing the incident. It is also on record that the relationship between the victim of the incident and the persons who have caused the incident is bittah. The recognized principle is that where there is enmity between the parties in the proceeding the Rule of prudence r......l Kader alias Kada, Hasen Ali, Dudu alias Duda Mondal, Mafizuddin alias Chan, Sayeduzzaman and Abdur Rahman, under sections 302/34 of the Penal Code and sentencing each of them to suffer imprisonment for life. The learned Sessions Judge by the same judgment acquitted accused Abdus Samad Mondal of th......t to determine the approximate time of occurrence". The fact of the reported case is totally different from the facts of the instant case since in the reported case the question for consideration and determination was that at which hour of the night the murder took place since prosecution case was t..Category: Criminal Law | Date: | Hits: 44
Md. Imdad Hossain and others Vs. Bangladesh, 2008, 37 CLC (AD)
....t no error was committed by the AAT in allowing the appeals and thereby in setting aside the judgment and order of the AT. Accordingly the petitions are dismissed. Ed. ......iority of the departmental candidates should be determined by the date of their passing the examination in part-1 of the T & T Accounts service, that provision in T & T Manual also provides principle of determining seniority on the basis of result of part-I examination which is treated as...... Not represented- Respondent Nos. 1-3 & 6-8 Civil Petition for Leave to Appeal Nos. 150 & 151 of 2004. (From the Judgment and Order dated Nov......nd Classes and that the Senior Accountants being in higher grade (grade X) were clearly senior to the Junior Accountant who are in grade IX. The learned Counsel also submits that the principles of determination of inter se Seniority between a Senior Accountant and a Junior Accountant was conclus..Category: Administrative Law | Date: | Hits: 125
Rabeya Khatoon Vs. Bangladesh, 2008, 37 CLC (AD)
....mity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 9. ......section 5 of the Ordinance XXIV of 1970 duly issued notice and neither the learned Assistant Judge nor the learned Additional District Judge considered this aspect of the matter; it is the settled principle of law that a trespasser cannot maintain a suit for permanent injunction against a rightf......esh, 1972, Article 42 The East Pakistan Ordinance, 1970 (XXIV of 1970), Section 5 When the Government in exercise of power under section 5 of the Ordinance XXIV of 1970 issued notice for eviction of the petitioner as a trespasser in the disputed land, the suit for permanent injunct......mity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 9. ..Category: Property Law | Date: | Hits: 37
Bangladesh and others Vs. Nawab Abdul Malik Jute Mills Ltd., 2007, 36 CLC (AD)
.... error of law in making the Rule absolute and the same requires interference by us. Accordingly, the appeal is allowed with Costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 7. ......ment, Dhaka Zone in the affidavit-in-opposition had asserted that they still require the land in question in connection with maintenance of the bridge and the approach road, that having regard to the principle laid down by this Division in the case of Abul Basher vs. Bangladesh reported in 50 DLR (A......cquired land. ……(10) Case referred to- Abul Basher vs. Bangladesh 50 DLR (AD) 11. Lawyers Involved: MA Azim, Deputy Attorney-General, instructed by Firoz Shah, Advocate on Record—for the Appellants. Rafique-ul Huq, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-o...... error of law in making the Rule absolute and the same requires interference by us. Accordingly, the appeal is allowed with Costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 7. ..Category: Property Law | Date: | Hits: 46
Asaduzzaman (Md) Vs. Bangladesh, 1990, 19 CLC (AD)
.... of in accordance with P.O. No. 26 of 1973 and the rules framed thereunder. In the result, the appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 144. ......nitarian services of their governments and subject to the laws of their respective countries, must always maintain their autonomy so that they may be able at all times to act in accordance with the principles of the Movement. It is a voluntary relief movement in the sense that it is not prompted i...... 38 & 102 Though membership to the Society is open to all citizens of Bangladesh who comply with the terms and conditions laid down in the rules framed under the Order, no one has the right to form a similar Society. As the appellant's right does not flow from the right to form an association...... of in accordance with P.O. No. 26 of 1973 and the rules framed thereunder. In the result, the appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 144. ..Category: Constitutional Law | Date: | Hits: 170
Rafiqul Alam (Md) Vs. Mustafa Kamal and others, 1990, 19 CLC (AD)
....ide the uncontested election of the appellant declared on 16 January 1988. A fresh poll is to be held for the Union Parishad. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 137.......ded, the Civil Courts have jurisdiction to examine into cases whether the provisions of the Act have not been complied with, or the statutory tribunal has not acted in conformity with the fundamental principles of judicial procedure." 6. There are two parts of this observation of the Privy Coun......lection can be raised at any intermediate stage, but it may be raised only after conclusion of the whole election process. This means that Civil Court's jurisdiction is impliedly excluded; it is therefore clear that the learned Single Judge wrongly held the suit to be maintainable. The election held......t February 8, 1990. Result: The appeal is allowed. The Local Government (Union Parishad) Ordinance, 1983 (LI of 1983), section 26 Section 26 of the UP Ordinance has put a clear bar to determination of an election dispute by any court except the Election Tribunal. Secondly, the whole ..Category: Election Law | Date: | Hits: 173
Dr. Syed Matiur Rob Vs. Bangladesh and Others, 1989, 18 CLC (AD)
....for making complete justice in a matter. In view of the above, we dismiss both the appeals, without making any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 126. ......e relevant file lying with the Ministry regarding this case and this court had the opportunity of perusing such file." 10. The bar of res judicata is applicable in Writ proceedings on the general principle that the public interest requires that there should be an end to litigation and that a per......scharge his onus probandi…………….(15) Declaration as to the fact that the appellant is the only son and heir of the original owner, by the owner himself and such assertion not being made before the magistrate or an affidavit commissioner, in absence of any other evidence to the contrary t......for making complete justice in a matter. In view of the above, we dismiss both the appeals, without making any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 126. ..Category: Property Law | Date: | Hits: 32
Sonar Bangla Service Station Vs. Government of the People's Republic of BD, 2006, 35 CLC (AD)
....doning the delay. 12. In the background of the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: ...... in the case of Collector, Land acquisition, Anantnag and another Vs. Mst. Katiji and others reported in AIR 1987 (SC) 1353 and therein it has been observed "And such a liberal approach is adopted on principle as it is realized that:- 1. Ordinarily a litigant does not stand to benefit by ...... (2001) 6 MLR (AD) 1. Lawyers Involved: Md. Fazlul Karim, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record- For the Petitioner Not represented- Respondents Civil Petition for Leave to Appeal No. 1325 of 2004. (From the Judgment and Order dated June 16, 2004 passed by ......doning the delay. 12. In the background of the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: ..Category: Limitation Law | Date: | Hits: 205
Sree Amulya Ratan Chowdhury& ors Vs. Sreemati Shaibalini Ghose & ors., 1998, 27 CLC (AD)
..... In view of the discussion made above we find no way but to dismiss these appeals. 17. In the result, therefore, the appeals are dismissed without any order as to cost. Ed. ......iginal landlords and Sadananda Ghose had not acquired or could not acquire any valid title to the property either through Ext.3 or Ext. 1. (1). 11. The High Court Division observed that the principle laid down in Hajee Abdus Sattar's case applied more in the present case because P.W.1 who......; A.T.M. Afzal CJ.- Plaintiff -appellants of Civil Appeal No. 48 of 1995 filed other Suit No.168 of 1985 against the defendant-respondents in the First Court Of Subordinate Judge, Chittagong for a declaration of title to recovery of khas possession in some part and also for confirmati....... In view of the discussion made above we find no way but to dismiss these appeals. 17. In the result, therefore, the appeals are dismissed without any order as to cost. Ed. ..Category: Property Law | Date: | Hits: 106
Mizanur Rahman alias Mithu and another Vs. State, 2006, 35 CLC (AD)
....granted to consider the same. Preparation of paper book is dispensed with as prayed for. The petitioners are directed to make the appeal ready for expeditious hearing. Ed. ......ference modifying the sentence as already mentioned above. Hence is this petition. 3. In support of the petition Mr. Abdul Malek, learned Counsel submits, inter alia, that it is the settled principle of law that a belated FIR always carries the chance of fabrication. In the instant case a......volved: Abdul Malek, Senior Advocate, instructed by Sufia Khatun, Advocate-on-Record-For the Petitioners Firoz Shah Advocate-on-Record-For the Respondent Criminal Petition for Leave to Appeal No. 194 of 2003 (From the Judgment and Order dated 30.04.2003 passed by......granted to consider the same. Preparation of paper book is dispensed with as prayed for. The petitioners are directed to make the appeal ready for expeditious hearing. Ed. ..Category: Criminal Law | Date: | Hits: 48
Chair, Board of Int. and Secondary Education, Jessore and others Vs. Nazir Ahmed, 2006, 35 CLC (AD)
....lity. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. ......s. Vs. Md. Nazir Ahmed and another...................Respondents Judgment March 9, 2005. Service matter: Seniority and Promotion The settled principle of law is that seniority alone is not the sole basis for promotion and that seniority doe...............Respondents Judgment March 9, 2005. Service matter: Seniority and Promotion The settled principle of law is that seniority alone is not the sole basis for promotion and that seniority does not create a claim for being promoted although the same crea......lity. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. ..Category: Employment/Service Law | Date: | Hits: 54
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