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Musharraf Hossain Chy Vs. GM, Titas Gas Transmission & Dist. Co. Ltd. & ors., 1981, 10 CLC (AD)
....ission and Distribution Company Ltd. (hereinafter called the Enterprise). His order of appointment as the AdÂministrative Manager of the Enterprise which is contained in the letter from the Minister for Labour is as follows: "In recognition to his all dedicated and efficient participation in......follows: (cc)"public enterprise" means a company or firm, whether incorporated or registered or not, in which the GovernÂment has at least fifty per cent share or interest." 23. By the amendment of section 5 of the same Act, namely, Act XXIV of 1974, it was provided that accounts of a......view of the above observations, the appeal is dismissed, the Judgment and order of the High Court Division is upheld. There will be no order as to costs. Ed. This Case is also Reported in: ..Category: Employment/Service Law | Date: | Hits: 104
Khandaker Ehtehshamuddin Ahmed @ Iqbal Vs. Bangladesh and others, 1980, 9 CLC (AD)
....o death by the Judgment and order dated August 5, 1978 which has been duly confirmed. Against the order of conviction and sentence the appellant moved the High Court Division in its writ Jurisdiction for an order declaring the proceedings taken in passing the judgment and order dated 3.8.78 in M.L. ......n. According to him, the review should have been made by the reviewing authority as contemplated under the Regulation, that is, as the substiÂtute of appellate Authority. It may be mentioned that by amendment review by the GovernÂment was substituted for appeal before the Appellate Tribunal Clause......ril 18, 1978 at about 1.30 PM; and he in collusion with Driver Anwar Hossain and mother Syeda Begum falsely fabricated a story of suicide and through his brother Iftekheruddln alias Babul lodged a complaint in the Motijheel P.S. to that effect. Dr. Mozammel Huq Chowdhury carried out the post mortem ..Category: Constitutional Law | Date: | Hits: 292
Bangladesh and others Vs. Md. Abdur Rab, 1979, 8 CLC (AD)
....31, 1979. Result: The appeal is allowed. The Constitution of Bangladesh, 1972, Articles 133, 102(5), 102(2)(a)(ii). Being an inspector of police the respondent is a member of disciplined force. A court or tribunal set up under the law to deal with any matter relating to a disciplined fo......ovember, 1975 and it is follows: "In the event of the conflict, contraÂdiction, discrepancy or inconsistency between the Bengali and English Text of the Constitution insofar as it relates to any amendment, addition, modificaÂtion, substitution or omission made in any of the texts or in both th...... 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. ..Category: Employment/Service Law | Date: | Hits: 102
S.Z.M. Nurul Huq Vs. State, 1981, 10 CLC (AD)
....d orders dated August 13, 1979 passed by a Division Bench of the High Court Division in two separate cases, namely, Criminal Revision Nos. 94 of 1979 and 61 of 1979. Short question for our consideration in these appeals is whether the Sessions Judge reviewing the proceeding of S......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. ..Category: Criminal Law | Date: | Hits: 62
Binode Behari Saha Vs. Nitya Gopal Shaha, 1980, 9 CLC (AD)
....¦â€¦â€¦â€¦â€¦â€¦â€¦.Respondent Judgment July 15, 1980. Result: The appeal is dismissed. The Small Cause Courts Act, 1887 (IX of 1887), Proviso to Section 17(1) If the application for seeking Court's direction is filed along with the application for setting aside the ex-parte dec......alcutta High Court set aside the order on taking the view that the application was not competent due to non compliance of the provisions of section 17. This decision being of the time previous to the amendment of the proviso in 1935 cannot be treated as an authority on the question. In the case befo......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. ..Category: Procedural Law | Date: | Hits: 147
Nurunnessa and ors Vs. Babr Ali Bepari and others, 1981, 10 CLC (AD)
....High Court Division held that the Kabala in favour of the plaintiff was invalid since the power of attorney was invalid as it was not registered and also because the authentication of the signature before the Magistrate at Alipore was not a legal authentication, since it was not authenticated by an ......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. ......00 of 1979. (From the Judgment and Decree dated 19.3.76 passed by the High Court Division in S. A. No. 973.) Judgment   Kemaluddin Hossian CJ.- This appeal is by the heirs of the original plaintiff and the question of law involved is of some public importance in that, whether a power of ..Category: Others | Date: | Hits: 128
Ful Chand Das and others Vs. Mohammad Hammad and others, 1982, 11 CLC (AD)
....agree with Shahabuddin Ahmed J.; and although I agree with Badrul Haider Chowdhury, J. as to the result of the appeal but I do not subscribe to some of his reasonings to support the conclusion for allowing the appeal. So, I consider it necessary to give my own reasons on the questions invol...... remains in force. It is as inoperative as if it had never been enacted; or the Act sought to be amended is, at least, reinstated in its effectiveness upon the established invalidity of the amendment." Similar view expressed in Frost v. State Corporation Commiss......nate Judge and dismissing the suit for cancellation of sale-deed dated February 7, 1964 on declaration that it is fraudulent, illegal and void. 3. Plaintiff's case in short is that the plaintiff-appellants are members of the minority community having permanent residence in village Ka..Category: Property Law | Date: | Hits: 75
Abdul Alim and others Vs. A. K. Abdul Hoque and others, 1982, 11 CLC (AD)
....peal by special leave is from the judgment and order passed by the High Court Division in S. M. A. No. 7 of 1973. The judgment-debtors are the appellants and have raised the following question for determination by this Court- 1. Whether section 14 of the Limitation Act is availa......ents instituted an Execution case which was dismissed for default on 26th June, 1965. The decree-holder-respondents thereafter filed an application before the Munsif who passed the decree for amendment of the decree under section 151 of the Code of Civil Procedure. The amendment sought for ......Act. In this view, the appeal is allowed but in the facts of case we make no order as to costs. The decrees of courts below are set aside and the execution petition dismissed. Ed. ..Category: Property Law | Date: | Hits: 54
M/s. Everett OriÂent Lines Inc. Vs. Commissioner of Income Tax Ctg Zone, Ctg, 1982, 11 CLC (AD)
.... depreciation on the value of the three ships, namely 'Hugh Everett,' Murray Everett’ and 'Monolo Everett'. The Company claimed additional depreciation apart from the normal depreciation for the third year out of the five years entitlement. The Income-tax officer refused such additiona......een installed" by the Finance Act of 1967 (Act XII of 1967) in section 10(2) (vi) and rules 9(old Rule) of the Income Tax Rules has changed the Character of the law and, if so, whether the amendment imposed a bar disallowing of the benefit of additional depreciation in respect of the pl......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. ..Category: Fiscal/Taxation Law | Date: | Hits: 114
Mofizur Rahman Khan Vs. Government of Bangladesh, 1982, 11 CLC (AD)
.... attempts to validate the action taken under the earlier repugnant section. 2. Decision has already been given. Now while agreeing with the conclusion, some general observations of mine is called for, It Is first to be observed that Bangladesh ParÂliament by virtue of Article 65 has plenary or ......enged the order of High Court Division in his appeal by special leave being armed with Ordinance No VI of 1981 promulgated on 28 July, 1981 which amended section 9(2) with retrospective effect. This amendment called the Public Servants (Retirement)(AmendÂment) Ordinance, 1981, brought in some guid......ntended that in view of some allegations regarding the tenders the President took the decision regarding his retirement. What was the nature of allegation was not stated. Government made a general complaint that some of ''his Annual Confidential Reports contained adÂverse remarks but did not specif..Category: Constitutional Law | Date: | Hits: 188
Abdul Halim Mollah @ Monohar Mollah & anr Vs. Member, App Tribunal Dacca & ors., 1982, 11 CLC (AD)
....nbsp; Ruhul Islam J.—This appeal by special leave arises from the judgment dated July 3, 1979 of the High Court Division in Writ Petition No. 109 of 1979. 2. Facts necessary for disposal of the appeal are that the appellants filed the above noted writ petition before the ...... any order, judgment or sentence of a Special Tribunal and no Court shall have authority to revise such order, judgment or sentence." I have no doubt that by the amendment only the forum of appeal was changed, that is, before amendment the High Court Divis......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
....as calculated by the assessee and raise it to a higher perÂcentage.
The trading accounts of the respective assessee was rejected on valid grounds and action of the Deputy CommiÂssioner of Taxes for taking recourse to section 13 and making estimate for finding out the total sale and the gross p......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.
......ind out the gross profit. If the findings are based on materials, then the estimate made by the assÂessing officer cannot be said to be arbitrary Mr. Pal found it difficult to place his case on that plaint.
15. Mr. C.R. Ali appearing for the responÂdent in Civil Appeal No. 50 of 1981 practicall..
Category: Fiscal/Taxation Law | Date: | Hits: 100
Commissioner of Income Tax Vs. Chowdhury Ramzan Ali and another, 1982, 11 CLC (AD)
....passed by a Division Bench of the High Court in Company Appeal No. 6 of 1968. 2. The Income Tax Officer, Companies Circle, made an assessment u/s. 23 of the Income Tax Act for the year 1962-63 demanding Rs. 11,98,326/- as tax from the Official Liquidator, Dacca Ele......here could not be any scope for making assessment of the Income Tax for the assessment year 1962-63. The High Court observed: "Besides, the price of assets in spite of amendment of section 10 (2)(vii) of the income Tax Act providing that profits or gains even in res......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
Abu Bakkar Vs. Nazir Ahmed, 1982, 11 CLC (AD)
....II of 1951), Section 95. The maximum period of limitation of mortgage under section 95 of the State Acquisition Act 1950 was 15 years and with amendment by ordinance no. XXI of 1969 maximum period for usufructuary mortgage was reduced to seven years. However, right of redemption subsists for sixt...... The State Acquisition and Tenancy Act, 1951 (Act XXVIII of 1951), Section 95. The maximum period of limitation of mortgage under section 95 of the State Acquisition Act 1950 was 15 years and with amendment by ordinance no. XXI of 1969 maximum period for usufructuary mortgage was reduced to seven......ment and decree dated 9 December, 1980 passed by the High Court Division in Second Appeal No. 648 of 1967.) Judgment Shahabuddin Ahmed J.—This is an appeal by special leave, preferred by the plaintiff of a redemption suit, which has been disÂmissed in second appeal by the High Court Divisi..Category: Property Law | Date: | Hits: 58
Khondker Moshtaque Ahmed Vs. Bangladesh, 1982, 11 CLC (AD)
....orrupt and Illegal means and by abuse of his official position and thereby pecuniary advantage of Tk. 4,58,631/-. In the other case the allegation was that the appellant during his tenure as Minister for Commerce and Foreign Trade from 19-2-74 to 14-8-75 by corrupt or illegal means and by abusing hi......er of review to the Chief Martial Law Administrator) were elected immediately thereafter, vide Regulation No. XXXIII of 1976 dated 28-12 1976." Paragraphs 8 and 9 read as follows: 8. That the amendments of the Martial Law Regulation No. 1 of 1975 will clearly indicate that there was maneuver......w Court and the order of Government on review are set aside, The orders of convicÂtion 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
Abdul Hamid Vs. Abdul Jabbar , 1982, 11 CLC (AD)
....Civil Revision No. 1034 of 1980). Judgment: Shahabuddin Ahmed J.- In this appeal by special leave the question for determination is whether the provision for restitution as contained in section 144 of the Code ......rder for pre-emption is not a decree. This order may hare the force of a decree but it is not included in section 144. That is why probably the word 'order' has been inserted in this section by an amendment in India in C.P.C. But the High Court Division's view that no restitution is availab......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. ..Category: Civil Law | Date: | Hits: 82
Al-Sayar Navigation Co. Vs. Delta International Traders Ltd. and ors., 1982, 11 CLC (AD)
....e of arrival of the ship was 27th January, 1978. The ship, however, reached Chalna on 1st April, 1978. On arrival of the ship the plaintiff took the stand that it was not the salt which he contracted for and the salt was clogged. The dispute centred round this point. Eventually, the salt was unloade......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: ......d decree passed by the Admiralty Court of the High Court Division in AdmiÂralty Suit No. 1 of 1978. Civil Appeal No.15 of 1981 is at the instance of Defendants and Civil Appeal No. 38 of 1981 by the plaintiff. 2. The suit was filed by the plaintiff under section 6 of the Admiralty Court Act, 186..Category: Admiralty Law or Maritime Law | Date: | Hits: 264
Commissioner of Income Tax, Dacca Vs. Adamjee Sons Ltd., 1982, 11 CLC (AD)
....order of the High Court Division in an application under section 27 (1) of the Wealth Tax Act, 1972. The respondent was assessed to Wealth Tax by the Wealth Tax Officer, Companies Circle (I), Dacca for the assessment year 1963/64 on a total sum of Tk. 2,96,61,282/- by an order dated 14.6 1968 as......Indian Act the adjustments to be made “as may be prescribed” whereas in our enactment as the circumstances of the case may require." Section 7 of the Indian Act was amended by the amendment Act 1964 by the insertion of words ‘‘subject to any rules made in this behalf......d not separately under section 7(1) of the Wealth Tax Act. There is nothing to interfere. In the result, therefore, this appeal is dismissed without any order as to cost. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 73
Commissioner of Income Tax Vs. Mrs. Masuda Khatun, 1982, 11 CLC (AD)
....exempt from tax in his hand also but the Income Tax Officer rejected the contention and included in his assessment under section 23(3)/34 of the Act the dividends as income received by the assessee for the assessment year 1967-68. 3. The assessee preferred an appeal against this ord......s is granted on fulfillment of certain conditions attached to Section 15-BB; (c) had the legislature intended to exempt the dividend income in the hands of the shareholders, relevant amendment would have been passed to give effect to that intention. The learned Counsel drew the att......e the exemption illusory. Accordingly, the answer to the question framed must be in the affirmative. The appeals are, therefore, dismissed without any order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 75
Nurjahan Begum, wife of Mahmudur Rahman Vs. Mahmudur Rahman Mullick , 1982, 11 CLC (AD)
....ose of the Fourth Court of Subordinate Judge, Dacca in Title Suit No.43 of 1963. 2. Plaintiff Mahmudur Rahman Mullick, since Dead, filed the title suit against the appellant, his wife for declaration that the plaintiff is the real owner of half of the properties described in schedul......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. ......f Subordinate Judge, Dacca in Title Suit No.43 of 1963. 2. Plaintiff Mahmudur Rahman Mullick, since Dead, filed the title suit against the appellant, his wife for declaration that the plaintiff is the real owner of half of the properties described in schedule 'A' and owner of 1483/1..Category: Property Law | Date: | Hits: 448
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