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Bangladesh & others Vs. A. K. M. Zahangir Hossain, 1981, 10 CLC (AD)
....964 SC 1140; AC Companies Vs. PN Sharma, AIR 1965 SC 1595; APHL Conference, Shillong Vs. WA Sangma, AIR 1977 SC 2155; Durga Shanker Mehta Vs. Raghuraj Singh, AIR 1954 SC 520; Royal Aquarium Vs. Parkinson 1892 (1) CB 436 (466). Lawyers Involved: K. A. Bakr, Attorney-General, with A.W. Bhuiyan......ons of the Constitution indicates that the police force has been treated as a separate class of officers, but their place is not clearly indicated in the service of the Republic. We are, therefore, called upon to demarcate their position in the Constitution, upon a true construction of all the rel...... 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. ..Category: Constitutional Law | Date: | Hits: 188
General Manager Jamuna Oil Company Ltd. Vs. Golap Rahman & another, 1982, 11 CLC (AD)
....ication under section 25(1)(b) of the Standing Orders Act before the Labour Court, Chittagong on 13.10.77. He prayed for setting aside the order of termination of service dated 17.8.1977 and also for re-instatement with back wages. After hearing the parties, the Labour Court held respondent ......ng of the Court, the proceeding of the court may continue and the decision or award may be given in the absence of such member; and no act, proceeding, decision of the Court shall be invalid or called in question merely on the ground of such absence." 10. Mr. Hossain referre......dinance shows that the Court itself either cannot compel the attendance of such member or extract his advice. For the reasons stated above, the appeal is dismissed with costs. Ed. ..Category: Labour and Industrial Law | Date: | Hits: 97
Md. Habibur Rahman & ors. Vs. Hasen Ali Mondal and others, 1982, 11 CLC (AD)
.... holding a special meeting to enable them to move a motion of no confidence against the Chairman. Among fourteen grounds which were mentioned in the petition, one related to the appointment of his son as Additional secretary of the Union Parishad without consultation with other members of the Pa...... a Chairman, Vice-Chairman or a an elected member of a Zilla Parishad shall not be removed from his office on any ground mentioned in sub-section (1) unless at a special meeting of the parishad called for the purpose in the prescribed manner, a resolution to the effect that he is liable to b...... consecutive meetings of the Parishad; (b) he refuses to perform or becomes disabled from performing his functions; or (c) he is guilty of misconduct or is responsible for any loss or misapplication of money or property of the Parishad. Explanation.- In this sub..Category: Employment/Service Law | Date: | Hits: 100
Md. Enayet Ali Vs. Munsif of First Court at Khulna & Election Tribunal and others, 1982, 11 CLC (AD)
....Badrul Haider Chowdhury, J. 3. Ruhul Islam J.—I have gone through the proposed judgment written by my learned brother Badrul Haider Chowdhury, J. and I find it difficult to agree with some of his reasons and the conclusions for allowing the appeal and setting aside the ......nt. 23. Mr. B. N. Ghoswami himself stated that no one made any complaint during the Poll. He stated that he counted the result by 2-30 P.M. and then he went to office at Menhapara as he was called by nature and there was no latrine in school centre. Distance between Office and polling sta...... Court By the majority decision, the appeal is allowed. The orders of the Courts below are set aside and the election petition is dismissed. There will be no order as to cost. Ed. ..Category: Election Law | Date: | Hits: 121
Haripada Biswas Vs. State & another, 1982, 11 CLC (AD)
.... inquiry initiated by the learned Sessions Judge is, however, fully covered by the powers and authority conferred on him by section 435 of the Code and the authority for the same need not be sought in any supervisory jurisdiction beyond the provisions of the Code." With this ......he Magistrate obtained his signatures on blank sheet without his consent and concurrence. The Sessions Judge started on the footing of the telegram a suo motu Miscellaneous Case No. 687 of 1978 and called for the records of M.R. Case No. 40 of 1978 in exercise of jurisdiction under section 435 of...... the decision of the High Court Division Is set aside and the proceedings in Criminal Miscellaneous Case No. 687 of 1978 of the Court of Sessions Judge, Bakerganj are hereby quashed. Ed. ..Category: Criminal Law | Date: | Hits: 61
Jamil Huq and 11 others Vs. Bangladesh and others, 1981, 10 CLC (AD)
....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 Lawyers Edition, 1508; Kartar Singh vs. Imperator, AIR 1946 Lah. (FB) 1C3. Lawyers Invol......ill depend on the facts and circumstances of each cases, but then it is not vague as to rob it of ail meanings. Mala fide, must be alleged, and facts constituting mala fide are to be stated, and when called upon by the Court, the party alleging mala fide must establish it by affidavit or otherwise. ......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)
....t. Eventually, the salt was unloaded from May, 1978 and continued upto 31st July, 1978. Thereafter the plaintiff filed the suit. Plaintiff's case was that the salt which was loaded at Hodeidah was sold out by the ship owner at Dar-e-Salam and other salt was loaded which was brought to Chalna. (......ship owners "liberty... ......to call at any ports in any order, for bunkering or other purpose......all as part of the contract voyage. In order to land two engineers the ship went off the route and called at St. Ives bay. Shortly after resuming her voyage from St. Ives bay and before she had retur......t that the vessel would go from Hodeidah to Dar-es-Salam in the opposite direction instead of coming straight to Chalna. This deviation was unauthorised and the delay caused by it had resulted in the loss of market and other expenses for which the defendants were liable for damage. As for the cloggi..Category: Admiralty Law or Maritime Law | Date: | Hits: 264
Md. Deser Ali Vs. Bangladesh and ors., 1982, 11 CLC (AD)
....struction conveyed vide A.D.C. (Rev), Khulna's Memo 2248 dated 17-4-691 am to take formal possession of all buildings, structures and shops, etc, within the area of the hat and bazar and also to fix up the rent. You are, requested to hand over the formal possession to the Tdr. con......s lands as hat and bazar which were of no avail. 4. On behalf of Government it was stated that the properties in question were situated within the periphery of the hat and bazar locally called Sultan par bazar. Farther, the plots and structures were acquired by the Government under s......ated on the ground floor of one of the buildings, the said property being outside the hat and bazar has been made without any lawful authority and as of no legal effect. Ed. ..Category: Property Law | Date: | Hits: 61
Commissioner of Taxes, Ctg Zone, Ctg Vs. M/s Free School Street Properties, Ltd, 1982, 11 CLC (AD)
....rmined in the latest assessments) as the value of such property for purpose of assessment to Wealth Tax: Provided further that where the capital value of such property has not been so determined, the Wealth Tax Officer shall not accept with the prior approval of the Inspecting A...... 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. ......the following manner: (i) The net wealth representing the various assets shall be taken as the sum of the paid-up capital reserves and the balance to the credit of the profit and loss account, (ii) The liabilities shown in the balance sheet shall be carefully scrutin..Category: Fiscal/Taxation Law | Date: | Hits: 78
Ranabir Purkayastha @ Bhanu Vs. Alekjan Bibi and ors., 1982, 11 CLC (AD)
.... was well founded in law in drawing up the proceedings under section 145 of the Code of Criminal Procedure, when a civil suit is pending between the parties, which could give relief to the persons in possession of the land by an order of injunction. Facts are that a civil suit w...... specific refusal either. In such circumstances, if there is a serious apprehension of breach of peace which is apparent from the record, the exercise of the Magistrate's jurisdiction is called for. We think that the ends of justice would be met, if the Magistrate is directed not to pa......urt of Subordinate Judge, Second Court, Sylhet by the trial Court. The appeal is disposed of in the aforesaid terms. Ed. This Case is also Reported in: 1982 BLD (AD) 25. ..Category: Criminal Law | Date: | Hits: 39
Commissioner of Income Tax, Dacca Vs. Adamjee Sons Ltd., 1982, 11 CLC (AD)
....ct. 4. Mr. M. Hasan appearing for the respondent assesses canvassed that when the Wealth Tax Officer was satisfied that the accounts kept by the assessee are reliable and there is no reason to suspect any fraud on the part of the assessee, he could determine the value of the net ......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. ......owing manner, namely — (i) The net wealth representing the various assets shall be taken as the sum of the paid up capital reserves and the balance to the credit of the profit and loss account. (ii) The liabilities shown in the balance sheet shall be carefully sc..Category: Fiscal/Taxation Law | Date: | Hits: 73
Commissioner of Income Tax Vs. Mrs. Masuda Khatun, 1982, 11 CLC (AD)
....ion 15-BB of the Income Tax Act is exempt from tax in the hands of the shareholders under same section.” The connected appeals, Civil Appeal Nos. 131 and 132 of 1977 were also heard analogously as the same question of law is involved and are disposed of by this judgm......y;day companies which are not public companies under the Companies Act and where paid up capital and fee reserved do not exceed Rs. 5 lacs. Rules have been framed by the Government called the “Income Tax Exemption of Industrial Undertaking Rules, 1967". 15. What ...... income tax or any other sum of money is payable under this Act, and includes every person in respect of whom any proceeding under this Act has been taken for the assessment of his income or of the loss sustained by him or of the amount of refund due to him and every person who is required ..Category: Fiscal/Taxation Law | Date: | Hits: 75
Nurjahan Begum, wife of Mahmudur Rahman Vs. Mahmudur Rahman Mullick , 1982, 11 CLC (AD)
....hy;ssion In foe said properties on the basis of the deeds taken in her name. The plaintiff made an alternative prayer for khas possession if he be found to be out of possession of the properties in soil 3. Plaintiff's case in short is that he married the defendant in 1933 but had no ......gh Court Division. In the absence of proper application of the law of benami the course of justice has been misdirected, and because of this, notwithstanding the concurrent finding of facts it called for examination of the evidence. It has been already mentioned above that the trial Co......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. ..Category: Property Law | Date: | Hits: 448
Habibur Rahman Vs. The State, 1982, 11 CLC (AD)
....awal of the cases, and sent the case records to the Chief Martial Law Administrator from where the records were again received back by the Tribunal on 22-6-77. The cases remained pending for quite some time and ultimately the Special Tribunal Case No 1 of 1974 was fixed for trial on 12-3-70 and ......le pending in Martial Law courts simply because before the commencement of these Regulations there was neither any Martial Law case pending nor any Martial Law court in existence. These Regulation called ''the Martial Law Regulations, 1975, (Regulations No, 1 of 1975) came info force with effect......retrial is set aside and the order of the Special Tribunal dated 1-8-1975, allowing the withdrawal is restored. Consequently the petitioner stands acquitted under section 494 Cr.P.C. Ed. ..Category: Criminal Law | Date: | Hits: 46
Bengal Water Ways Ltd. and other Vs. Rahimuddin Ahmed and others, 1982, 11 CLC (AD)
.... brother of respondent No. 1 Rahimuddin Ahmed, and Rahimuddin Ahmed himself were the first directors as well as share holders of the Company. 4. The Memorandum as well as Articles of Association of the company provided for two classes of shares and share-holders ‘A and ‘B......tor of the Company. 6. Further case of respondent No. 1 is that the last Annual General Meeting of the Company was held in December, 1969 and since then no General Meeting of the Company was called and the Managing Director began to run the Company ignoring the law, rules and the Boar......law, rules and the Board of Directors, for making personal gain out of the business of the Company at the cost of the Company as well as respondent No 1. It was further alleged that profit and loss account of the company was neither audited nor submitted to the Board of Directors, that all a..Category: Business or Commercial Law | Date: | Hits: 110
Chairman, D. I. T and another Vs. Chairman, 2nd Labour Court and another, 1981, 10 CLC (AD)
....e respondent No. 2 is a worker within the meaning of the said Act. 3. The point raised is an important question. Though the High Court Division had summarily dismissed the petition yet the reason given in the judgment, on scrutiny, appears to be a circuitous one. To quote from the High Court......ment of Labour (Standing Orders) Act and since DIT is a commercial establishment or industrial establishment within the meaning of the Employment of Labour (Standing Orders) Act, no interference is called for. Leave was granted to consider whether the DIT is a commercial establishment or indus......gh Court Division and the Labour Court are set aside, and the petition before the Labour Court dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) 37. ..Category: Labour and Industrial Law | Date: | Hits: 108
Assessing Officer, Narayangonj Range and others Vs. Burmah Eastern Ltd., 1981, 10 CLC (AD)
....ivision 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, 1957 and also whether the said Rules could be applied retrospectively, once the assessment had already been don......if the Municipal Rules apply to the holding, the Assessing Officer did not correctly apply the said Rules in this case. It was also respondent's contention that the Oil Reservoir Tank cannot be called a holding, so as to bring it within the operation of the Urban Immovable Property Tax Act, 19......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
Sonali Bank Vs. Abdul Mannan and others, 1981, 10 CLC (AD)
.... same. The said Committee finally passed an order on 11.12.71 forfeiting 25,000/00 rupees and releasing the amount 46.500/-. After the emergence of Bangladesh Sonali Bank came into existence as successor of National Bank of Pakistan. The respondent approached the Sonali Bank for the release of the a...... but not from the agent. The argument does not appear to be sound rather a fallacy is involved. The Area Committee which is the creation of MLR 81 released the amount. It became a direction on the so-called agent, namely, the bank, and the agent, therefore, is only obliged to pay the amount. There-l......ecame a debtor. The High Court Division has rightly issued the writ. In the result, therefore, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: ..Category: Banking Law | Date: | Hits: 129
Shamsul Alam Vs. Superintendent of Police, Bangladesh Railway and other, 1981, 10 CLC (AD)
....ulations, has, with vehemence, contended, that the petitioner was promoted substantively or in a probationary capacity in the permanent vacancy, and had acted for about 7 years in that capacity and so his reversion amounts to reduction in rank. If we revert to the language employed by the......, 1978 passed by the High Court Division in Writ petition No. 381 of 1975). Judgment: K. Hossain J.- The petitioner is an Assistant Sub-Inspector of Police and he unsuccessfully called in question, the order of his reversion from the position of Officiating Sub-Inspector to th......ting period without any other fact or circumstances does not confer on the person so officiating any substantive right. In this view of the matter this petition is dismissed. Ed. ..Category: Employment/Service Law | Date: | Hits: 83
James Finlay and Co. Ltd. Vs. Chairman, Second Labour Court, Dacca and another, 1981, 10 CLC (AD)
....timisation by the company. During the pendency of his case before the Labour Court in which he raised an industrial dispute, the company initiated two separate proceedings against him on some baseless charges, it is alleged. In the first proceeding, the allegation revealed that he prev......the High Court passed in Writ Petition Nos. 863 and 864 of 1974 on January 7, 1977. In Civil Appeal Nos. 46 and 47 of 1978. Ally Akbar, who is an employee of James Finlay and Co. Ltd. (hereinafter called the company”), is the appellant. The company which is the appellant in Civil Appeal No......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. ..Category: Labour and Industrial Law | Date: | Hits: 91
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