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Md. Mafizuddin Patwari Vs. Abdul Hakim Miazi , 1978, 7 CLC (AD)
....t had been acted upon. In the result, therefore this appeal is allowed and the petition for pre-emption is dismissed with costs. Ed. This Case is also Reported in: 33 DLR (AD) 305. ......ndari sheresta is a question of fact and the onus is upon him who asserts it……….(9, 11) Non-compliance with proviso (a) to sub-section (1)of section 88A will not render the proceeding without jurisdiction inasmuch as a remedy has been provided by way of appeal and the..Category: Property Law | Date: | Hits: 48
Hasan Imam Chowdhury Vs. Govt. of Bangladesh and others, 1981, 10 CLC (AD)
....ion is pregnant with any new issue which requires adjudication in separate proceedings. In this view of the matter, the appeal is dismissed without any order as to costs. Ed. ......, the superior Courts had always placed self-imposed limitation for not raising any new issue which requires adjudication on proper facts for which no foundation was laid by the parties in the writ proceeding. Keeping in mind these well-settled principles of law the opinion is in the facts and c..Category: Employment/Service Law | Date: | Hits: 101
Commissioner of Taxes & another Vs. M/s. Mullick Brothers, 1981, 10 CLC (AD)
....rom want of legal authority. In the result, therefore, this review application is allowed and the appeal is dismissed without any order as to costs. Ed. This Case is also Referred in: ...... authority lower than Central Board of Revenue. Even in such cases, the additional tax at the rate of 8 percent will continue to be payable for the extended period of time”. If as a result of proceeding declaration the ‘excess income’ is enhanced agreement with the assesses, thereby cr..Category: Fiscal/Taxation Law | Date: | Hits: 98
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. ......not impleaded in the application for pre-emption. Trie learned Munsif rejected this contention holding that the omission of certain persons a referred to in section 96(2) was not fatal to the proceeding and allowed the pre-emption. On appeal the learned subordinate Judge found that a number..Category: Property Law | Date: | Hits: 43
Sreemati Charubala Sen Gupta Vs. Abul Hashem and others, 1981, 10 CLC (AD)
....udge are set aside and the application for addition of party to the probate proceeding is dismissed without, however, any order as to costs. Ed. This Case is also Reported in: 33 DLR (AD) 254. ......…………………………………………. Respondents Judgment January 14, 1981. Result: The appeal is allowed. The Succession Act, 1925 (39 of 1925), section 283 In a proceeding for the probate of a Will what the court is required to see is whether the Will is duly..Category: Property Law | Date: | Hits: 80
Dr. Nurul Islam Vs. Bangladesh, 1980, 9 CLC (AD)
....osts. The decision of the High Court Division is set aside and the impugned order declared to be of no lawful authority. Ed. This Case is also Reported in: 33 DLR (AD) 201, 1981 BLD (AD) 140. ......ltogether. The impugned notification appears to have been issued in order to circumvent that judgment; it is, therefore, mala fide as having been issued for achieving some collateral purposes. Before proceeding further I consider it necessary to refer to the provisions of both the Constitution and a..Category: Employment/Service Law | Date: | Hits: 180
Bangladesh Steamer Agents Association Vs. Bangladesh & others, 1981, 10 CLC (AD)
.... any lawful authority. Ed. ......le of natural justice is simply that no person shall be deprived of any vested right by any order judicial or otherwise without a hearing before an independent authority, not interested in the proceedings or in any party to the proceeding. The frontier of natural justice with the progress of..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. ...... 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. Case No. 37 of 1978 by the ..Category: Constitutional Law | Date: | Hits: 292
Bangladesh and others Vs. Md. Abdur Rab, 1979, 8 CLC (AD)
.... 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. ...... up under law to deal with any matter relating to a disciplined force cannot be directed under this Article to do or be refrained from doing any act mentioned in this Article, nor can any act done or proceeding taken by such a court or tribunal be declared to have been taken without lawful authority..Category: Employment/Service Law | Date: | Hits: 102
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. ......vision 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 Summary Martial Law Court is a persona designata. 2. The appellant in Cri..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. ......he preemption case should not be dismissed on the ground of non-joinder of necessary parties. It is not necessary that all the co-sharers of the holding should be impleaded in the pre-emption proceeding. In taking this view the learned Judge referred to the decision in Motilal Sikder vs. Be..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: ......pains to press his point that the nature and scope of an application for restitution ere quite different from those of an application for execution and as such restitution is not part of an execution proceeding, nor is it in the nature of an execution proceeding. In support of this contention Mr. Ah..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. ......s modified by Ordinance VI of 1964 provided that save as provided in the Ordinance no action taken, no decision made and no order passed in the Ordinance shall be called in question by any suit or proceeding in any court or tribunal. It further provides that no court shall entertain any suit for..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. ......the second Execution case was not barred by limitation. 3. Mr. A. Salam, the learned Counsel, has firstly pointed that the section 14 of the Limitation Act cannot be invoked in an execution proceeding. The language of section 14 of the Limitation Act does not tend to bar its application t..Category: Property Law | Date: | Hits: 54
Sultan Ahmed, Advocate and others Vs. Haji Sultan Ahmed and others, 1982, 11 CLC (AD)
....gh Court Division dated 5 June 1981, order of the Additional Sessions Judge dated 30th November 1979 and the order dated 16 October 1978 of the learned Magistrate are set aside. Ed. ......complying with the provisions of section 112 of the said Code. 2. The respondents-first party had filed an application before the Sub-Divisional Magistrate, Chittagong for drawing up a proceeding under section 144 of the Code, against appellants- second party. But the learned Ma..Category: Criminal Law | Date: | Hits: 51
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. ......jection. 4. A Division Bench accepted 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 sei..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. ......the Finance Act of 1967 imposed a bar disallowing the benefit of additional depreciation in respect of the plant machineries which are not installed in Pakistan. The learned Judges instead of proceeding to answer the question took up a point of law which was not agitated by any of the parti..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. ......e same power cannot be equally effectively exercised by the legislature in validating actions taken under law which are void for the reason that they contravened fundamental rights....The infirmity proceeding from lack of legislative competence as well a« the infirmity proceeding from the con..Category: Constitutional Law | Date: | Hits: 188
Abdul Halim Mollah @ Monohar Mollah & anr Vs. Member, App Tribunal Dacca & ors., 1982, 11 CLC (AD)
....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. ......and follow, as nearly as possible, the same procedure as are vested in and followed by the High Court Division under the Code. (6) Where a Special Tribunal passed a sentence of death, the proceedings shall be submitted forthwith to the Appellate Tribunal and the sentence shall not be e..Category: Criminal Law | Date: | Hits: 40
Bangladesh Vs. Md. Misfor Ali and others, 1982, 11 CLC (AD)
....ges, the appeal must succeed. Therefore, the appeal is allowed. The judgment of the High Court Division is set aside and the Writ Petition is dismissed. We make no order as to costs. Ed. ......case started against him. The question of application of the rule of double jeopardy may be examined from another aspect. If the delinquent employee is found guilty of the charge in a departmental proceeding, for which the maximum punishment may be 'dismissal', whereas if he is found guilty..Category: Employment/Service Law | Date: | Hits: 92
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