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AKM Ruhul Amin Vs. District Judge and Appellate Election Tribunal, Bhola & others, 1986, 15 CLC (AD)
.... The General Clauses Act, 1896, “District Judge” Interpretation of Statutes District Judge as used in Article 29(4) of the Local Government (Union Parishad) Ordinance does not mean persona designate that is, his private or personal capacity but clearly indicates his office, that is,......nance, 1983 (Ordinance No. LI of 1983) the hearing of an election petition was governed under the following provisions: "26. Election petitions.- (1) No election under this Ordinance shall be called in question except by an election petition under sub-section (2). (2) Any candidate ma...... Civil Appeal No. 54 of 1985 is allowed. Civil petition No. 140 of 1985 is disposed of. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 172. ..Category: Election Law | Date: | Hits: 154
Khorshed Alam @ Shah Alam Vs. Amir Sultan Ali Hyder and another, 1984, 13 CLC (AD)
....ntiff-respondent instituted O.C. Suit No. 457 of 1977 for a declaration that the defendant-appellant was a child of unknown parentage and for a further declaration that the plaintiff is the only son of late Amir Ali Mia, Mutwalli of Salamat Mia Wakf Estate of Rajshahi and as such was eligible......ing their infancy. His second wife was a tribal lady from Siliguri named Zohura Khatun who had no issue and as such she with the permission of her husband Amir Ali Mia adopted a son of a prostitute called Baramoni of Natore. The plaintiff stated that this adopted son is defendant Khorshed Alam ...... the appeal is allowed and all the Judgments and orders of the Court below are hereby set aside and the suit is dismissed. No costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 133. ..Category: Family Law | Date: | Hits: 239
Ismail Ullah, being dead his heirs Bazidullah & ors Vs. Sukumar Chandra Das & ors, 1986, 15 CLC (AD)
....igh Court Division, Comilla Bench in Second Appeal No. 394 of 1967. 2. Respondents Nos. 1-8 instituted Title Suit No. P4 of 1959 in the Court of Munsif, 1st Court, Moulvibazar, against the Predecessor of tie appellants as defendant No. 49 and others praying for declaration of their title in the s......ce of the Appellant, so as to affect his interests. In that case the question was whether the respondents are entitled to recover possession from the appellant for four annas share in a village called Chipabad. The Privy Council considered that the appellant was no party to the proceeding as h......d as defendant No. 49 in the partition suit. In the result, therefore, this appeals as allowed. There will be do order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 125 ..Category: Property Law | Date: | Hits: 48
Md. Abu Baker Siddique Vs. S.M.A Bakar & others, 1986, 15 CLC (AD)
....…………(21) Child’s welfare is of paramount importance in appointing guardian. Welfare of the child is to be considered while appointing guardian of the minor consistent with personal law to which the minor is subject to. Deviation from Hanafi School of Law is permissible for a...... Respondent No. 1 and his wife respondent No. 2 filed a written objection denying allegations made in the aforesaid application. It was stated that the boy has been suffering from severe ailments called ‘Hirshtring'. Steps were taken to take the boy to U.K. where he might require operation. We......d be appointed as his guardian. For the reasons staged above, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 106 ..Category: Family Law | Date: | Hits: 152
Government of Bangladesh Vs. Abani Kanta Chakraborty & others, 1986, 15 CLC (AD)
....he case of defendants No. 2-3 was that they took; pattan of 3 acres of land out of the suit Dag No. 327I and they are in possession on payment of Govt, rent. It is stated that the plaintiff himself also prayed for taking pattan of a portion of the land but since he was not in possession his prayer w......n of law. 10. In M. H. Khanddkar Vs. Bangladesh 30 DLR (SC) 1 this Court explained the meaning of 'raiyat' and "tenant" and it was pointed out that a tenant of an agricultural holding is generally called 'raiyat’. Further it was observed that the main object of the State Acquisition and Tenancy......s unfounded. In the result, therefore, this appeal is dismissed with the aforesaid observation. There will be no order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 93 ..Category: Property Law | Date: | Hits: 37
Bangladesh Vs. Md. Alauddin alias Alauddin Sarker others, 1986, 15 CLC (AD)
....he appeal is allowed. The Constitution of Bangladesh, 1972, Article 102 & 135 The Co-operative Societies Rules; Rule 37 Words & Phrases The land mortgage bank is a “co-operative society”, a voluntary association of people, having a separate entity of its own, independent of a......ated above, in its managing committee which consists of members elected by the general body of members. The Registrar got power to dissolve the managing committee and appoint a committee which may be called Ad-hoc committee, for a specified period, to carry on and discharge the function of the soc......rder of the High Court Division is set aside and that of the Subordinate Judge and the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 81. ..Category: Employment/Service Law | Date: | Hits: 124
The Commissioner of Taxes, East Zone, Dhaka Vs. M/s. Mallick Brothers, 1986, 15 CLC (AD)
....l tax u/s. 18A of the Income Tax Act fresh notice is necessary because of the fact that the mode of levying of tax u/s. 23(3) and u/s. 18A are completely different. The principle of natural justice also demand that while levying additional tax u/s. 18A (6) and (8) of the Income Tax Act notices are......is determined under section 23. Assessment may be made (i) on the basis of the return, (ii) on the basis of the evidence adduced and (iii) to the best of the Income Tax Officer's judgment, which is called best judgment assessment. The Privy Council pointed out in Badridas Daga V. Commissioner of I......ore, these appeals are allowed and the judgment and order of the High Court Division are set aside. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 66. ..Category: Fiscal/Taxation Law | Date: | Hits: 95
M/s Hajee Mohammad Ali & Sons Vs. Burma Eastern Ltd. & others, 1986, 15 CLC (AD)
.... of truth, absence of prior notice before cancellation, non-compliance with the terms of agreement and malafide on the part of the respondent no. 1 and as such the appellant is entitled to the decree sought for it………(32) Cases Referred to- Abdul Rauf and others Vs. Abdul Hamid Khan and o......ust be given to the owner of such property to legally defend its right to property, which, it is essential to remember, comes only next to right to life and liberty. These principles are, it may be recalled, are enshrined in our Constitution. 27. So far as cancellation of the licence, Ext. 6, is ...... appointed a dealer by respondent No.1 he was entitled to run the Filling station. Plaintiff-appellant was given a decree for Tk. 47,330/-. Break-up of the aforesaid amount is Tk. 2,000/- as business loss for 30 days, Tk. 5,330/- amount deposited as per receipt Ext. 2 dated 11th January, 1972 for su..Category: Business or Commercial Law | Date: | Hits: 118
Ellal Textile Mills Ltd. & others Vs. Md. Abdul Awal & others, 1984, 13 CLC (AD)
....Company Judge in Matter No.3 of 1982. 2. Respondents filed an application for winding up the petitioner No. 1 Company under section 162 of the Companies Act and in the same self application they also prayed for rectification of the share register under section 38 of the Act. 3. The company was......d the Articles of Association of the Company. The heirs of M. A. Jalil and Mr. Yusufuddin Mia having 50% of the total shares were not represented in the Board nor any meeting of the share-holders was called to fill up the vacancies caused by the death of M.A. Jalil and Yusufuddin Mia nor any dividen...... that two separate petitions, if so advised, be filed and heard analogously by the same court. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 26. ..Category: Company Law | Date: | Hits: 195
Mamudul Haque Chowdhury Vs. The District Judge, Chittagong & others, 1985, 14 CLC (AD)
....lared on 7th of June 1984, he is not authorized to exercise his right of appeal granted under section 4 of the Amending Ordinance (per Fazle Munim CJ)………….(10) In an ejection matter the person against whom specific allegation of mal-practices has been brought must be prompt in denying the......eard and taking such evidences as may be produced before it, make such orders as it may think fit. (3) The decision of the Election Tribunal on an ejection petition shall be final and shall not be called in question in or before any court". After amendment. "29. Trial of election petitions......llowed. The order of the Election Appellate Tribunal as well of the High Court Division is set aside and that of the Tribunal is restored. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 8...Category: Election Law | Date: | Hits: 152
Rahela Khatun and another Vs. Fayezuddin Shah, 1985, 14 CLC (AD)
....(IX) of 1965-66. As such the respondent was no longer a co-sharer in the transferred holding. 5. The appellants in order to prove that the original jama had already been separated the pre-emptor also paid rents accordingly with the knowledge of the mutation case, called for Register II from the l......n the transferred holding. 5. The appellants in order to prove that the original jama had already been separated the pre-emptor also paid rents accordingly with the knowledge of the mutation case, called for Register II from the local Tahshil Office. The local Assistant Tahshilder O.P.W. 2. prove......aside. The appellants are given the liberty to adduce additional evidence before the Appellate Court below. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 6. ..Category: Property Law | Date: | Hits: 52
Commissioner of Income tax and another Vs. Zeenat Textile Mills Ltd., 1975, 4 CLC (AD)
....tan in the income-tax Act, 1922 (hereinafter referred to as the Act) by Act No. 16 of 1963. The writ petitions which succeeded before the High Court were disposed of by a single judgment. We are also disposing of these appeals by this one judgment. Civil Appeal No. 22-D of 1969 arises out of w......hat what was intended by the legislature to provide for in section 45A was not tax simplicitor but penalty for failure to pay tax assessed under sections 3 and 55 on or before the date an assessee is called upon to pay the same, since such a penalty falls within the definition of tax under subsect......s rightly declared by the High Court of East Pakistan to have been made without lawful authority and being of no legal effect. The appeals are dismissed, but with out any order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 77
Governor, Bangladesh Bank & others Vs. Shamsul Huda Khan and another, 1975, 4 CLC (AD)
....eniority, which they had under the Stuff Circular of 1960, was without jurisdiction and of no legal effect, and pass an order canceling the said circular and the seniority list prepared thereunder in so far as they affect their seniority. Against the aforesaid judgment the appellants obtained specia......3 which contained the decisions that separate seniority list for the clerical staff would continue to be maintained by the respective officers and both clerks Grade-I and Grade-II would ordinarily be called upon to serve in one specified place that the cadre of Officers Class II was converted. into ......rightly declared by the High Court Division to be without jurisdiction and of no legal effect. The appeals are dismissed, but without any order as to cost. Ed. This Case is also Reported in: ..Category: Employment/Service Law | Date: | Hits: 87
Badal Rani Misra alias Badal Rani Goswami and others Vs. Bangladesh and others, 1975, 4 CLC (AD)
....stwhile High Court of East Pakistan dismissing an application filed under Article 98 of the Constitution of Pakistan of 1962 by the appellants challenging the legality of an order of requisition of some plots including plot Nos. 732, 733, 734, 694 and 737 of Mouza Shahar Khilgaon, P. S. Tejgaon ...... proposal of the requiring body by the Government considered it necessary to seek approval of the Government before passing an order of release of the same, it does not appear how that discretion called for interference by the High Court and how the High Court could pass an order of release unde......d. The case of Gordon, Dadds & co. supports the contention of the learned Attorney-General. There is accordingly no merit in this appeal which is dismissed but without any order as to cost. Ed. ..Category: Property Law | Date: | Hits: 48
Government of Bangladesh Vs. Ahmed Nazir, 1975, 4 CLC (AD)
....ss, another Bench had issued a Rule on 22-7-74 calling upon the appellant to show cause within seven days as to why an order should not be made directing that the detenu be brought before the Court so that it may satisfy itself that he is not being detained without lawful authority or in an unla...... of the orders passed by the said Municipal Corporation in so far as they were said to have affected the terms and conditions of his services adversely. In the said case the learned Judges were not called upon and, in fact, they did not express any opinion as to whether the power of the High Cou......e the Proclamation of Emergency issued on the 28th December, 1974 and the Constitution (Fourth Amendment) Act, 1975 dated the 25th January, 1975 effected changes in the said Constitution. Ed. ..Category: Criminal Law | Date: | Hits: 85
Mazharul Huq Vs. Returning Officer & Circle Officer, (Dev.) Double Moorings, Ctg, 1975, 4 CLC (AD)
....were the only contesting candidates for Chairmanship of North Halishahar Union Parishad. But before the poll, Dr. Shafiqur Rahman dies of an accident on 3-12-73 leaving behind Mr. Md. Abdullah as the sole surviving candidate. Thereupon on 10-12-73 Mr. Abdullah Was declared elected Chairman of the ......ntent under Rule 20A, election should have been stopped when there was only one candidate in the field after the unfortunate death of Dr. Shafiqur Rahman and fresh nomination papers should have been called for to enable the electorates to exercise their right of franchise by casting their votes for......Writ Jurisdiction under Article 102(2) of the Constitution. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 11. ..Category: Election Law | Date: | Hits: 133
Abdur Rashid Vs. The State, 1975, 4 CLC (AD)
....bdur Rahman and two daughters. After the death of his first wife about 10 years ago. Yasin married Maleka Khatun. Yasin proposed to make a gift of 3 Pakhis of Nal land and a hut to his wife Maleka some time before 5th of Poush, 1374 B.S. bat it was disliked by Abdur Rashid. On Thursday, the 5th ...... occurrence. Having taken meals at night they slept in the north Bhiti hut. In the early morning they came out to make water and at that moment prisoner Rashed came out from the west Bhiti hut and called their Phufu Maleka to serve him tobacco. Their Phufu served the prisoner tobacco by a Huka. ......de. The prisoner is found not guilty of the charge under section 302 of the Penal Code against him. He is acquitted of the said charge and is directed to be set at liberty forthwith. Ed. ..Category: Criminal Law | Date: | Hits: 66
Shamsuddin Ahmed @ Tofa Mia & others Vs. Abdul Latif Bhuiyan, 1981, 10 CLC (AD)
.... the second court of Munsif at Brahmanbaria for pre-emption under the Mohammedan Law against the appellants stating, inter alias, that one Jonah Ali Daroga owner for the suit plots in tenure right sold half of the property to the respondent and other half to Nishikanto Chowdhury who sold th...... person is entitled to purchase by pre-emption unless— (1) he has declared his intention to assert the right immediately on receiving information of the sale. This formality is called talab-i-mowasibat—literal meaning demand of jumping; and unless, (2) ...... the facts of this case. In the result, the appeal is allowed with costs. The judgment of the High Court Division is set aside and those of the Courts below are restored. Ed. ..Category: Property Law | Date: | Hits: 45
Bangladesh Bank Vs. Debendra Nath Dutta, 1981, 10 CLC (AD)
....Court Division who heard the application found that due to the willful negligence and misconduct of the respondent in dealing with the affairs of the Bank, it sustained loss for which he was solely responsible. It was, therefore held that the respondent was not a fit person to be a directo......view of the above, the appeal is allowed, the decision of the Appellate Beach is set aside and that of the company Judge restored. However, there will be no order as to costs. Ed. ......gle Judge of the High Court Division who heard the application found that due to the willful negligence and misconduct of the respondent in dealing with the affairs of the Bank, it sustained loss for which he was solely responsible. It was, therefore held that the respondent was not a fit ..Category: Business or Commercial Law | Date: | Hits: 101
Dr. Jamshed Bakht Vs. Ameaur Rashid Chowdhury, 1981, 10 CLC (AD)
....ur Rashid Chowdhury…………………Respondent Judgment September 3, 1980. Cases Referred to- Kimber vs. The Press Association Limited 1 QB.(l&93) 1 Q.B. 65; Voni Madho Prosad Singh vs. M. WajidAli A.t.R. 1937 A......permits or requires to be made before it by witnesses, the relation to matters of fact under inquiry; (2) all documents produced for the inspection of the Court; such documents are called documentary evidence. In such a statement on oath the complainant did not make an......r Badrul Haider Chowdhury, J. Order of the Court In view of the decisions of the majority, the appeal is allowed. The judgment of the High Court Division is set aside. Ed. ..Category: Criminal Law | Date: | Hits: 77
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