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Md. Abdul Jalil Vs. Durjan Ali alias Siddique Hossain and others, 1981, 10 CLC (AD)
....re-emption. In the result, the appeal is allowed with costs. The Judgment and order of the High Court Division is set aside and that of the lower appellate court is restored. Ed. ......re-emption. In the result, the appeal is allowed with costs. The Judgment and order of the High Court Division is set aside and that of the lower appellate court is restored. Ed. ......State Acquisition and Tenancy Act on setting aside order of Subordinate Judge and restoring that of the Munsif in Miscellaneous case No. 214 of 1970. 2. Respondent No.1 filed the Misc. case for pre-emotion of a land sold under a kabala dated 18-6-70 alleging that he was a co-sharer of the......re-emption. In the result, the appeal is allowed with costs. The Judgment and order of the High Court Division is set aside and that of the lower appellate court is restored. Ed. ..Category: Property Law | Date: | Hits: 43
Dr. Nurul Islam Vs. Bangladesh, 1980, 9 CLC (AD)
....xercise of discretion by the Government in the matter of the selection or classification After such scrutiny the Court will strike down the statute if it does not lay down any principle or policy for guiding the exercise of discretion by the Government in the matter of selection or classification,......nstitutional, if the case in which the question is raised can be properly disposed of in some other way. I, therefore, refrain from striking down the section as unconstitutional in adherence to the principles set out herein. Fazle Munim J.- This appeal arises from the judgment and order of 3 ...... of 1974) ultra vires the Constitution, as finding that the order under challenge is vitiated by malice in law is sufficient to dispose of the appeal. As regards the constitutionality of the section aforesaid. I like to adhere to the wall-established self-set rule which says, the Court will not decl......e to Article 135 of the Constitution. 24. In this constitutional background, the provisions of law under which the impugned action was made have to be considered. Since the question requiring our determination may involve the constitutionality of not only section 9(2) of the Act, but even the e..Category: Employment/Service Law | Date: | Hits: 180
Musharraf Hossain Chy Vs. GM, Titas Gas Transmission & Dist. Co. Ltd. & ors., 1981, 10 CLC (AD)
....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: ......he Corporation. Future, he denied that there was any contract with respondent No. 1 under which he may terminate his service; and the order of termination was mala fide and passed in violation of the principles of natural Justice. 3. Some background is necessary to understand the position inter......ission and Distribution Company Ltd. (hereinafter called the Enterprise). His order of appointment as the Administrative 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......imited company when in 1972. It was nationalized under the provisions of the Bangladesh Industrial Enterprise (Nationalisation) Order, 1972 P.O. No. 27 of 1972 and placed under the Corporation. The determination of this essential point would resolve the questions on which leave has been granted by..Category: Employment/Service Law | Date: | Hits: 104
Bangladesh Steamer Agents Association Vs. Bangladesh & others, 1981, 10 CLC (AD)
.... any lawful authority. Ed. ...... agent of Steamer and Vessels. The learned Judges also held that the appellant has not been penalized for any misconduct and even If by the impugned order the appellant "was penalized yet the principles of natural Justice would not be applicable in this forum as the impugned order has been ......red under section 3 of the Ordinance on due approval of the Memorandum of Articles of Association of appellant. The Association, which were amended several times at the instance of the Government before the licence was granted. The chief business of the Association is weighment and measurement on......lso to administrative proceedings provided the relevant statute does not exclude its application end requires the administrative authority concerned to base its decision on an objective determination of facts". 15. In the case of Abdur Rahman vs. Collector and Deputy ..Category: Others | Date: | Hits: 110
Khandaker Ehtehshamuddin Ahmed @ Iqbal Vs. Bangladesh and others, 1980, 9 CLC (AD)
....at the order passed by this Division staying execution of the sentence to continue for further ten days from the date of this order. Ed. This Case is also Reported in: 33 DLR (AD) (1981) 154. ......69 and the further question was whether the doctrine enunciated in the case of State vs. Dosso was correct. So far as the second question is concerned the learned Judges have taken the view that the principles laid down in Dosso's case that "where a Constitution and the national legal order under ......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. ......at the order passed by this Division staying execution of the sentence to continue for further ten days from the date of this order. Ed. This Case is also Reported in: 33 DLR (AD) (1981) 154. ..Category: Constitutional Law | Date: | Hits: 292
S.Z.M. Nurul Huq Vs. State, 1981, 10 CLC (AD)
....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. ......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......passed his order in review on December 15, 1978. 6. Clause (3) of Regulation 4 of M.L.R. 1 of 1975 provides that all proceedings of Summary Martial Law Court shall immediately after the determination thereof, be submitted to the Sessions Judge within whose jurisdiction the trials..Category: Criminal Law | Date: | Hits: 62
Abdus Samad & ors Vs. Md. Sohrab Ali and others, 1981, 10 CLC (AD)
....ge cannot be sustained, therefore, the appeal is allowed with costs and the Judgment of the High Court set aside. Judgment and order of the lower Appellate Court are restored. Ed. ...... pleading before the framing of the issues. So that the other party may not be taken by surprise and is prejudiced in the matter of taking steps to meet the objection. According to his Lordship the principle relating to a partition suit has got no application to a proceeding for pre-emption.......;desh in Civil Revision Case No. 1696 of 1968 in connection with the pre-emption case under section 96 of the East Bengal State Acquisition and Tenancy Act, 1950. 2. The short question for consideration in this appeal is whether the learned Single Judge of the High Court correctly ap......g paras I do not find any prima facie evidence to the effect that the said Aironnessa is a co-sharer of the holding. And these are serious questions of title involved in this case in the way of determination of Aironnessa or anybody else named in written statement has any share in the case h..Category: Property Law | Date: | Hits: 73
Shamuj Ali and other Vs. Kamalarma Bibi and others, 1980, 9 CLC (AD)
....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: ......tation Act which provides that for an application for execution of a decree the period of limitation of three yean begins, "where there has been an appeal, from the date of the final decree". On that principle the application for restitution was found to have been filed within the period of limitati...... Divison dated July 24, 1979 in S.M.A. No. 45 of 1970 reversing the judgment and order of the Subordinate Judge who on setting aside the judgment and order of the Trial Court held that an application for restitution under section 144 of the Civil Procedure Code is governed by Article 181 of Schedule...... in the said Code that if an application for restitution is same as an application for execution then a separate section like s. 144 is superfluous. Definition of 'decree in s. 2 C.P.C includes the determination of an application under s. 47 and also the determination of an application under s. 14..Category: Procedural Law | Date: | Hits: 111
Ful Chand Das and others Vs. Mohammad Hammad and others, 1982, 11 CLC (AD)
....ent of the High Court Division is maintained. Consequently, this appeal stands dismissed without any order as to costs. Ed. This Case is also Reported in: 3 BLD (AD) 1983, 68. ...... the statute book, and the existing section or the law remained unaffected. In that process of operation of law section 4 (old) remained unaffected in the statute and it continued to be operative, principles of sound interpretation of statute does not contemplate a legal vacuum in the statute, a......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...... the relevant time. 48. In the case Chitiaranjan Sutar vs. Secretary Judicial Dept, 17 DLR-451, the vires of the Ordinance No.1 of 1964, particularly, Ss. 4 and 6 thereof came up for determination. This Ordinance was intended to provide for the speedy rehabilitation of members of t..Category: Property Law | Date: | Hits: 75
Abdul Alim and others Vs. A. K. Abdul Hoque and others, 1982, 11 CLC (AD)
....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. ......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. ......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...... 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 available ..Category: Property Law | Date: | Hits: 54
Govt. of Bangladesh Vs. Md. Arshad Ali, 1982, 11 CLC (AD)
....e sustained. Therefore, the appeal is allowed. The judgment and order of the High Court Division are set aside and the writ petition is dismissed. We make no order as to costs. Ed. ......y of Finance dated 18-8-58 by itself presumes a quasi judicial proceeding by an administrative tribunal wherein the presence of the claimant for reward is essential to comply with the rules of principle of natural justice and to afford him an opportunity to establish his claim upon legal ev......80. Judgment: Ruhul Islam J.— In this appeal by special leave the question for our consideration is whether the provision of "reward" as contained in rule 7 of......ted the contention of the respondent and found that the respondent's lawful claim was arbitrarily rejected by the authority concerned without causing a proceeding started under the Rules for, determination of the realised or estimated value of the seized gold and silver after giving an oppo..Category: Criminal Law | Date: | Hits: 171
M/s. Everett Orient Lines Inc. Vs. Commissioner of Income Tax Ctg Zone, Ctg, 1982, 11 CLC (AD)
....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. ......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. ...... 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....... Section 59 which is the rule making power reads as under: "The National Board of Revenue may make rules for carrying out the purposes of this Act and for the ascertainment and determination of any income or class of income to be included in total income of an assessee. Such..Category: Fiscal/Taxation Law | Date: | Hits: 114
Mofizur Rahman Khan Vs. Government of Bangladesh, 1982, 11 CLC (AD)
.... disposed of in these terms, without any cost. In the result, Civil Appeal Nos. 73 and 124 of 1981 are dismissed. No order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) 321. ...... their place in the historical setting and the present international milieu. The decisions of courts of other jurisdiction will serve as a helpful guide, but never an authority. 4. Keeping this principle in view, it is to be observed that Parliament is the supreme legislative authority subject...... 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 Parliament by virtue of Article 65 has plenary or ......n act should be held to fall in one category or in the other. The legislature is only authorised to enact laws. Some of the pending proceedings hit at by s. 10(2) may raise question of fact and their determination may wholly depend upon question of fact and not upon any rule of law, as for instance,..Category: Constitutional Law | Date: | Hits: 188
....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.
......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.
......as calculated by the assessee and raise it to a higher percentage.
The trading accounts of the respective assessee was rejected on valid grounds and action of the Deputy Commissioner 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.
..
Category: Fiscal/Taxation Law | Date: | Hits: 100
Commissioner of Income Tax Vs. Chowdhury Ramzan Ali and another, 1982, 11 CLC (AD)
....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. ......e assessment order was enough and the Company Court has no jurisdiction to go behind the assessment order in view of section 67. 11. The Full Bench of Lahore High Court keeping in mind these principles laid down by the Privy Council that the jurisdiction of the Civil Court is barred, overr......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......e fallen into an error in treating the Company which is in liquidation as not an assessee. Thirdly, the price that has been fixed by the Arbitrator's award in the price which will be available for determination of assessment. Lastly, the assessment of tax is for the previous year of the as..Category: Fiscal/Taxation Law | Date: | Hits: 85
....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:
......ltiplying the instances from the cases cited by him, particularly when the impugned action has not been proved to have contravened the Ordinance and the statute made thereunder. We may refer to the principle regarding the ouster of Jurisdiction of the Civil Court as enunciated in the case of Sec......l No. 160 of 1972.
2. The plaintiff-respondent who is an Overseer in the employment of the appellant University filed O. C. Suit No 185 of 1968 in the First Court of Munsiff Sadar, Mymensingh, for a declaration that the order of his dismissal from service on October 30, 1968 was illegal, void......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:
..
Category: Employment/Service Law | Date: | Hits: 109
Khondker Moshtaque Ahmed Vs. Bangladesh, 1982, 11 CLC (AD)
....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. ......mbers including the Chairman from the At my and of his own choice and the Chief Martial Law Administrator himself would review the judgment of such a Court" gives the impression that the celebrated principle of Lord Hewart that justice should not only be done but appear to have been done was not k......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......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
Haji Tajamal Ali being dead his heirs: Kamarunnesa & ors. Vs. Abdus Sattar & ors, 1982, 11 CLC (AD)
....iguity" within the meaning of section 9 of the State Acquisition and Tenancy Act. 8. In the result, the appeal is dismissed without, however, any order as to cost. Ed. ......iguity" within the meaning of section 9 of the State Acquisition and Tenancy Act. 8. In the result, the appeal is dismissed without, however, any order as to cost. Ed. ......n in Civil Revision Case No 1583 of 1976. Judgment: Shahabuddin Ahmed J.—The question for determination in that appeal by special leave is whether, in a case for pre-emption under Secti...... Civil Revision Case No 1583 of 1976. Judgment: Shahabuddin Ahmed J.—The question for determination in that appeal by special leave is whether, in a case for pre-emption under Section 9..Category: Property Law | Date: | Hits: 66
Bangladesh Vs. Hon'ble Judge, Prize Court, HCD, Supreme Court Building, Dacca, 1982, 11 CLC (AD)
....e learned Attorney-General are found unacceptable, not because it lack reasons but such reason has no support in law. The appeal is dismissed. No order as to costs. Ed. ...... should be distributed. Once the distribution has been made, a Ministry can exercise or is restricted to exercising so many powers as have been distributed to it. 8. Departure from the above principle is seldom made, nor should it ever be made. It is difficult to agree with the learned At......Appeal No. 4 of 1979 which was preferred by the appellant against the Judgment of the Judge, Prize Court, High Court Division. 2. On April 28 1979 the appellant filed an application before the prize Court, for 9 direction for allocating and transfer of the Prize Fund of the proceedi......e learned Attorney-General are found unacceptable, not because it lack reasons but such reason has no support in law. The appeal is dismissed. No order as to costs. Ed. ..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. ......n says that restitution thereunder is available when a decree is varied or reversed. It is silent as to whether restitution is available when an order is varied, reversed or set aside But the principle of restitution is that on the reversal of a judgment an obligation is created for a party......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 ......l 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 of C..Category: Civil Law | Date: | Hits: 82
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