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Bangladesh & others Vs. A. K. M. Zahangir Hossain, 1981, 10 CLC (AD)
.... member of the said 'disciplined force' if he has been illegally dismissed, removed, discharged, reduced in rank or compulsorily retired. Ed. This Case is also Reported in: 34 DLR (AD) 173. ......nce that the tenure of office, though at pleasure, will not be subject to capricious or arbitrary action but will be regulated by rule. The provisions for appeal in the rules are made pursuant to the principle so laid down. Redress therefore in such cases is not obtainable from the Court by action. ......s. Dhirendra Nath Sarkar ……………………………………Respondents (In Civil Appeal No. 126 of 1979). Judgment October 21, 1981. Result: If a member of any disciplined force is aggrieved by an order of a Court or tribunal established under law relating to the discipli......ereign State. It has further been observed that the consideration about the presence of all or some of the trappings of a Court is not decisive. The presence of some of the trappings may assist the determination of the question as to whether the power exercised by the authority, which possesses ..Category: Constitutional Law | Date: | Hits: 188
Jamil Huq and 11 others Vs. Bangladesh and others, 1981, 10 CLC (AD)
....lication under Article 104 of the Constitution is rejected. The verbal prayer for stay of the execution of the sentences made by Mr. MH Khandker is refused. Ed. This Case is also Reported in: ......ights and freedom, equality and justice, political, economic and social, will be secured for all citizens. Keeping this Proclamation in the Preamble in view, the Constitution has given fundamental principles of State Policy, which, amongst others, contains in Article 22, a provision, saying that......in alias Iqbal vs. State (1981) 33 DLR (AD) 154; Mask & Co. 44 CWN 709; Amisminic vs. Foreign C. (Commission) 1969(1) All ER 208; Ex Rel, French vs. Weeks, 259 US 326; R. vs. Secretary of State for War 1949(1) All ER 242; R. vs. O/C Depot Battalion 1949, All ER 373; Burns vs. Wilson, 97 Lawyer......lication under Article 104 of the Constitution is rejected. The verbal prayer for stay of the execution of the sentences made by Mr. MH Khandker is refused. Ed. This Case is also Reported in: ..Category: Constitutional Law | Date: | Hits: 327
Al-Sayar Navigation Co. Vs. Delta International Traders Ltd. and ors., 1982, 11 CLC (AD)
....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: ......nstant case the ship instead of proceeding from a North Yemen port to Bangladesh proceeded to the opposite direction to Dar-es-Salam. It was in violation of the bill of lading. Applying the aforesaid principles there is no hesitation in saying that the deviation was unauthorised. The ship owners, th......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: ..Category: Admiralty Law or Maritime Law | Date: | Hits: 264
Commissioner of Taxes, Ctg Zone, Ctg Vs. M/s Free School Street Properties, Ltd, 1982, 11 CLC (AD)
.... the activities of the assessee was business or trading. Therefore, rule 8 (9) is applicable. In the result, therefore, this appeal is dismissed without any order as to cost. Ed. ...... property on lease and sub-letting portions thereof was part of the business and trading activities of the appellant and the income of the appellant fell under section 10 of the Act. 9. The principles propounded are reasonable. Applying these principles there is no hesitation in sayi....... The assessee respondent owned the Free School Street properties being a Housing estate. The Company is engaged in the business of acquiring houses and letting them out on monthly rental for the purpose of earning profit upon which the company declared dividend and distributed it ......purpose of this sub-rule, "gross annual rental value" means the sum for which the property might reasonably by expected to let out from year to year.] Sub-rule 9 provides for determination of the value of the net wealth representing the various assets of the business in the..Category: Fiscal/Taxation Law | Date: | Hits: 78
Commissioner of Income Tax Vs. Mrs. Masuda Khatun, 1982, 11 CLC (AD)
....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. ...... it is calculated; (2) if the income received falls within the definition of agricultural income, it earns exemption in whatever character the assessee receives it. 24. In view of the above principles it is contended by the Respondent that the shareholders have received the dividend......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......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)
....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. ......tee of the Privy Council in the cases of Gopeekrist Gossain Vs. Gunga-pershad Gossain (1854) 6 Moore's Indian Appeal 53, which is still held to be authority in dealing with benami transactions. The principle laid down in the above mentioned case which arose exclusively from Hindu law, was applied......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......nts rightly made a grievance that the findings on the basis of which the suit has been decreed in favour of the plaintiff cannot be sustained on proper consideration of the evidence. Although determination of this question involved examination of the evidence, but it could not be avoided. I..Category: Property Law | Date: | Hits: 448
Bengal Water Ways Ltd. and other Vs. Rahimuddin Ahmed and others, 1982, 11 CLC (AD)
....private limited Company more or less as a partnership. With these words I concur with the judgment delivered by my learned brother Masud, J. and dismiss the appeal with costs. Ed. ......f deliberate non-co-operation of respondent No. 1; (iv) that the company was never a partnership but it is a private limited firm and that a private limited company cannot be wound up on the principles of dissolution of partnership firm; (v) that the appellants acknowledged the debts of th......y Judge and directing the winding up of the Company. 2. Respondent No.1 Rahimuddin Ahmed, a Director and share-holder, filed an application under section 162 of the Companies Act, 1913 for winding up of the Appellant Company, Bengal Water Ways Ltd. being Matter No. 9 of 1975. Th......private limited Company more or less as a partnership. With these words I concur with the judgment delivered by my learned brother Masud, J. and dismiss the appeal with costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 110
Mrs. H Mansur & ors Vs. Sec. Min. of Pub. Works & Urban Dev., Pub. Works Div, GoB, 1982, 11 CLC (AD)
....ed with costs. The order of the High Court Division is set aside, and the impugned order of cancellation of the lease deed declared to have been passed without any lawful authority. Ed. ......ed with costs. The order of the High Court Division is set aside, and the impugned order of cancellation of the lease deed declared to have been passed without any lawful authority. Ed. ......1976.) Judgment: Kemaluddin Hossain CJ.-The appellants unsuccessfully moved a writ petition before the High Court Division against the order passed by the Deputy Secretary, Ministry of Public W...... pointed out that the learned Judges of the High Court Division were not well founded in holding that there is no statutory provision for the Government to enter into the land on the termination or determination of the lease. He says Ordinance XXIV of 1970 East Pakistan Government an..Category: Property Law | Date: | Hits: 53
Assessing Officer, Narayangonj Range and others Vs. Burmah Eastern Ltd., 1981, 10 CLC (AD)
....at the High Court Division has rightly held that the Writ Petition was maintainable. For the aforesaid reasons this appeal is dismissed but without cost. Ed. This Case is also Reported in:......pective effect cannot be given, unless such effect is given to it in the statute itself, either expressly or by necessary implication. In Maxwell's Interpretation of Statutes, 11th Edition, the principle has been stated as follows: "Every Statute, it has been said, which takes away or impa......Chowdhury A.T.M. Masud J.-This appeal by special leave arises out of a judgment of a Bench of the High Court Division in Writ Petition No. 222 of 1973 dated 1st September, 1977. Leave was granted for examining the question as to whether the provisions of the Urban Immovable Property Tax Rules, 1......at the High Court Division has rightly held that the Writ Petition was maintainable. For the aforesaid reasons this appeal is dismissed but without cost. Ed. This Case is also Reported in:..Category: Fiscal/Taxation Law | Date: | Hits: 76
James Finlay and Co. Ltd. Vs. Chairman, Second Labour Court, Dacca and another, 1981, 10 CLC (AD)
....tion 25 of the Act and Civil Appeal Nos. 46 and 47 of 1978 are "disposed of accordingly and will abide by the decisions of the Labour Court. There will be no order as to costs. Ed. ......red the judgment in the case of Administrators Omar Sons Ltd., vs. The Chairman, First Labour Court, Dacca and another 8 DLR (S.C.) 178 observed as follows: “The principle to be followed in matters dealing with the same subject, where there are parallel laws, ......ed in these appeals are common, they were heard analogously and this judgment will govern all the four appeals. 3. The employee who was a senior assistant in the company's establishment for 20 years claimed that he, being the General Secretary of the Workers Union, was involved i......ot;; and the expression 'may apply to the Labour Court for enforcement of any rights' is sufficient to enable the Labour Court to operate, and, therefore, adjudicate any dispute, presented for its determination by an application. No further conferment of jurisdiction on 'he Labour Court under su..Category: Labour and Industrial Law | Date: | Hits: 91
Abdul Quddus Vs. Sec., Cabinet Secretariat. Establishment Div., Govt. of BD & ors, 1981, 10 CLC (AD)
....in the negative. In the result, therefore, this appeal is allowed and the impugned order is declared to be of no lawful authority. However, there will be no order as to costs. Ed. ......is revised seniority list has effected him adversely, inasmuch as he has been regulated from serial position No 15 to the position of serial No. 22 and this was done in violation of the principle of natural justice and without any legal authority. The High Court Division repelled......n order of the Bangladesh Biman Corporation whereby some employees junior to him were given two years ante-dated seniority. Respondent No. 1 Government of Bangladesh, prepared a comprehensive formula for giving special facilities to the Freedom Fighters and in pursuance thereof the Memorand......in the negative. In the result, therefore, this appeal is allowed and the impugned order is declared to be of no lawful authority. However, there will be no order as to costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 94
Alhaj Md. Serajuddowlah Vs. The State, 1991, 20 CLC (AD)
....etitioner summarily. In the result, therefore, this appeal is allowed and the impugned proceeding pending in the Court of the Chief Metropolitan Magistrate, Dhaka is quashed. Ed. ......t with the intention of causing it to be believed that such document was executed by or by the authority of a person by whom or by whose authority he knows that it was not executed. The underlying principle is simple. If a property belongs to A and B purports to sell it by executing a deed in hi......the Penal Code now pending in the Court of the Chief Metropolitan Magistrate, Dhaka. The proceeding has arisen out of Sutrapur PS Case No. 34 (8)/87 in which charge-sheet dated 13.12.87 under the aforesaid sections has already been submitted and cognizance taken on 24.12.87. The appellant has su......etitioner summarily. In the result, therefore, this appeal is allowed and the impugned proceeding pending in the Court of the Chief Metropolitan Magistrate, Dhaka is quashed. Ed. ..Category: Criminal Law | Date: | Hits: 51
Mst. Qaiser Khatoon and 12 others Vs. Mvi. Abdul Khaliq and others, 1973, 2 CLC (AD)
....ing his report a final decree for possession will have to be drawn up. Since success is divided each party will bear his own costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 104. ...... it is only when the custom is established that it is to be the rule of decision. The Legislature did not show itself enamored of custom rather than law nor does it show any tendency to extend the 'principles' of custom to any matter to which a rule of customs is not clearly proved to apply. It is......7.) Judgment Hamoodur Rahman, CJ.— This appeal arises out of a judgment of the High Court of Baghdad-ul-Jadid delivered on the 9th of April, 1949. The appeal was filed originally before the Judicial Committee of the Amir of Bahawalpur on the 25th of June, 1949, with a court fee of......ing his report a final decree for possession will have to be drawn up. Since success is divided each party will bear his own costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 104. ..Category: Civil Law | Date: | Hits: 117
Bangladesh Vs. Abdul Wadud and ors., 1973, 2 CLC (AD)
....s remanded to the trial Court for disposal in accordance with law. In the circumstances of the case there will be no order as to cost. Ed. This Case is also Reported: 25 DLR (SC) (1973) 90. ......e of action arising in the present case is dependant on a bundle of essential facts stated in the plaint by the plaintiff who is required to prove, if he wants to succeed in the suit. The fundamental principle of law is that the plaintiff must prove his case and such proof must be to the satisfactio...........Appellant Vs. Abdul Wadud and others................................Respondents Judgment November 30, 1972. Ex parte decree The plaint is no evidence for the proof of the plaintiff’s case. The plaintiff is not entitled to obtain ex parte decree wit......s remanded to the trial Court for disposal in accordance with law. In the circumstances of the case there will be no order as to cost. Ed. This Case is also Reported: 25 DLR (SC) (1973) 90. ..Category: Others | Date: | Hits: 103
Khulna Newsprint Mills Ltd. Vs. Khulna Newsprint Employees Union, 1973, 2 CLC (AD)
.... directing the reinstatement of Nurul Gani, is set aside. In the circumstances of the case, the parties are left to bear own costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 85. ......ervant with notice or on payment of salary in lieu of notice. The servant may equally exercise the power relinquishing his appointment on similar terms .................................. The principle that where punishment is not found who has been placed under a charge, his discharge upon......loyees Union declaring the order of termination of services of a workman—Nurul Gani—to be wrongful and unfair, was dismissed by the High Court. 2. Briefly the facts of the case are that the aforesaid Nurul Gani, who was employed as a workman in the Khulna News Print Mills Limited, was cha...... directing the reinstatement of Nurul Gani, is set aside. In the circumstances of the case, the parties are left to bear own costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 85. ..Category: Labour and Industrial Law | Date: | Hits: 107
Secretary, EPIDC, Dacca Vs. Md. Serajul Hoque, 1973, 2 CLC (AD)
....services. In the result, we allow the appeals, set aside the judgment and order of the High Court, but make no order as to costs. Ed. This Case is also Reported in: 25 CLC (SC) (1973) 80. ......in that behalf, (ii) that the respondents were entitled to protection guaranteed by Article 177 of the 1962 Constitution, and (iii) that, in any event, even if Article 177 did not apply, the principles of natural justice required that they should have been given an opportunity to show c......s in the “service of the Pakistan”. The terms and conditions of their service were governed by their contracts of employment and as such the law of master and servant was applicable to them. Therefore , the respondents were not entitled to any opportunity to show cause against the proposed termi......bas, learned Advocate-on-Record, representing the respondents does not also contend that the provisions of the said Article were attracted in their cases. The only question, therefore, that calls for determination in these appeals is whether the respondents were entitled to an opportunity to sho..Category: Employment/Service Law | Date: | Hits: 96
Sirajul Islam Vs. State, 1973, 2 CLC (AD)
....ourt and acquit the appellant. M. R. Khan, J.—I agree. Sajjad Ahmed Jan, J.—I agree. Wahiduddin Ahmed J.—I agree. Ed. This Case is also Reported in: 25 CLC (SC) (1973) 73. ......e appellant's contentions that due weight had not been given by the High Court to the evidence in his favour or the findings of the trial court and that the High Court acted contrary to the settled principle of giving benefit of doubt to the accused. 8. The entries in the cash-book on 7-3-58 co......nancial rules. In view of this practice, it cannot be said that the advance of Rs 1300/- to Mr. Ghani was made with a criminal intent or with a view to making any wrongful gain or wrongful loss. Therefore the appellant is entitled to benefit of doubt…….(21 and 22) Lawyer Involved: Tufail ......ourt and acquit the appellant. M. R. Khan, J.—I agree. Sajjad Ahmed Jan, J.—I agree. Wahiduddin Ahmed J.—I agree. Ed. This Case is also Reported in: 25 CLC (SC) (1973) 73. ..Category: Anti-Corruption Laws | Date: | Hits: 142
Asif Ali, s/o Ahmed Ali Vs. State, 1973, 2 CLC (AD)
....ult. For the reasons stated above, I do not think that the matter calls for our interference. The appeal is dismissed. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 68. ......he appellant is present, or is represented by a pleader, either he or his counsel must be heard. Mahmood, J., in his dissenting opinion, on the contrary, held that section 422, in conformity with the principle of audi alteram partem, implies that where an appeal is not summarily rejected under secti......h Court is empowered to dispose of a criminal appeal on merits in the absence of the appellant or his pleader especially when the appellant deliberately refrains from appearance and his counsel prays for adjournment on flimsy grounds……..(5 and 6) Lawyers Involved: Q. M. Salim, Adv...... the appellant in this case, as he had chosen to ,be absent from the proceedings in spite of notice, and his learned counsel was there to represent him. 6. The question that squarely falls for determination in the present appeal is whether by not starting the hearing of the appeal afresh, beg..Category: Criminal Law | Date: | Hits: 78
M/s. A. K. Khan Plywood Co., Chittagong Vs. Commission of Income Tax, East Pakis, 1973, 2 CLC (AD)
....urt is set aside. I would, however, leave the parties to bear their own costs. H. Rahman CJ.—I agree. M. R. Khan J.—I agree. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 65. ......urt is set aside. I would, however, leave the parties to bear their own costs. H. Rahman CJ.—I agree. M. R. Khan J.—I agree. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 65. ......between a firm composed of two partners and a limited company of which the said two partners are only shareholders, was not a business transaction entered into with the object of earning a profit. By forming a private limited company, the partners only adopted a different method of carrying on the s......urposes of sub-section (1), be deemed to be carried on by the assessee in the year in which the sale, exchange, or acquisition, as the case may be, took place." 5. The question that falls for determination is whether, on the facts and circumstances of the present case, it could be said that ..Category: Fiscal/Taxation Law | Date: | Hits: 82
Sri Monmotha Nath Kuri Vs. Mvi Mohammad Mokhlesur Rahman and others, 1973, 2 CLC (AD)
.... raise the same in the execution proceedings. As the question of law raised is one of first impression we make no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 49. ......intiffs for assessing their alleged loss at Rs. 15000/-. On these pleadings the following issues were raised: 1. Is the suit maintainable in its present form? 2. Is the suit barred by principles of estoppel, waiver and acquiescence? 3. Has the daughter of the plaintiff died in th......mpensation as if it were a judgment debtor even though the Insurance Company was not made a party-defendant in the suit. The only condition necessary to make the Insurance Company so liable is that before or after commencement of proceeding in which judgment is given the Company had notice through t...... raise the same in the execution proceedings. As the question of law raised is one of first impression we make no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 49. ..Category: Others | Date: | Hits: 124
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