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Md. Anarul Islam and others Vs. State and another, 2006, 35 CLC (AD)
....he company may proceed against the accused-appellants for the allegations in the petition of complaint in the appropriate forum and in accordance with law. Ed. This Case is also Reported in: ......ourt granted leave to consider as under: "Learned Advocate for the petitioners submits that relationship between the complainant and the accused being of Directors of a private Limited Company principles of partnership shall apply and as such spending money by petitioner No.1 as Managing Dire......1898 (V of 1898), Section 561A The Penal Code (XLV of 1860), Sections 406 & 420. A partner can not be alleged to have misappropriated or cheated when an amount was entrusted to the accused for the partnership business. The Managing Director and Director of the Company not depositing the r......he company may proceed against the accused-appellants for the allegations in the petition of complaint in the appropriate forum and in accordance with law. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 50
Md. Habibur Rahman Vs. M/S. Uttara Bank Ltd., 2005, 34 CLC (AD)
....our discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) 59. ......usiness through its branches in Rangpur and other places, (see AIR 1992 S.C. 1514). In the case of Union of India and another Vs. Ladulal Jain reported in AIR 1963 SC, 1681 it has been held: "The principle behind the provisions of cls. (a) and (b) of section 20 is that the suit instituted at a......seeking rejection of the plaint of Title Suit No. 135 of 1995. 2. The genesis of the Title Suit No. 135 of 1995 is that the Respondent No.2 filed Artha Rin Adalat Case No. 55 of 1990/82 of 1982 before the Court of Subordinate Judge and Artha Rin Adalat, Rangpur impleading the appellant as the so......our discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) 59. ..Category: Civil Law | Date: | Hits: 130
Md. Shafique Ahmed Vs. Bangladesh, 2006, 35 CLC (AD)
....-IV) of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988. 4. In the aforesaid premises, this petition merits no consideration and accordingly, it is dismissed. Ed. ......e curtailment took place without service of any notice upon the petitioner and respondent No. 2 upon malafide and arbitrary exercise of jurisdiction curtailed the area of the petitioner against the principle of natural justice. We have heard the learned Advocate-on-Record. Having regard to the s......ent Civil Review Petition No. 32 of 2000. (From the judgement and order dated 12th March 2000 passed by this Division in Civil Petition for leave to appeal No. 645 of 199) Judgment: &n......-IV) of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988. 4. In the aforesaid premises, this petition merits no consideration and accordingly, it is dismissed. Ed. ..Category: Others | Date: | Hits: 106
Al-haj Mohammad Seraj-ud-Dowla and others Vs. The Secretary, Ministry of works, 2006, 35 CLC (AD)
....ommitted any error or illegality and no case for interference by this Division has been made out, we find no merit in the petition for leave to appeal. Accordingly, it is dismissed. Ed. ......nd renumbered as Title Suit No. 18 of 1992; feat the plaint of Title Suit No. 18 of 1992 has been rejected as the disputed property is an abandoned property; that the present suit is barred by the principle of resjudicata; that the Government invited tender from the intending buyers through dail...... Lawyers Involved: Md. Aftab Hossain, Advocate-on-Record— For the Petitioner. Not represented- For the Respondents. Civil Petition for Leave to Appeal N0. 671 of 2001. (From the judgment and order dated 22nd October, 2000 p......ommitted any error or illegality and no case for interference by this Division has been made out, we find no merit in the petition for leave to appeal. Accordingly, it is dismissed. Ed. ..Category: Property Law | Date: | Hits: 54
Com. of In. Tax, Dacca Zone, Dacca Vs. M/S. Badridas Full-chand, Saidpur, Rangpur, 1981, 10 CLC (AD)
....eal is allowed. The judgment of the High Court Division is hereby set aside and the answer of the question under section 66 (1) must be in the negative. There will be no order as to costs. Ed. ......eal is allowed. The judgment of the High Court Division is hereby set aside and the answer of the question under section 66 (1) must be in the negative. There will be no order as to costs. Ed. ......nbsp; Badrul Haider Chowdhury J: This appeal arises by way of special leave. The respondent filed income-tax returns without any statement of accounts for the assessment years 1963-64, 1964-65 and 1965-66 and also filed an application for renewa...... The difference in procedure is provided by section 23 (5). It may be noted that there are three distinct steps in assessment proceedings—(i) computation of the taxable income, (ii) determination of the tax payable and (iii) demand for the tax so found due. Registration of th..Category: Fiscal/Taxation Law | Date: | Hits: 76
Jamal Soap Factory, Narayanganj Vs. Commissioner of Income Tax, Dacca Zone, Dacca, 1980, 9 CLC (AD)
....ates to the income for the period 1365 B.S. suffers from want of jurisdiction. In the result, the appeal is allowed and the question is answered in the negative. We make no order as to costs. Ed. ......ates to the income for the period 1365 B.S. suffers from want of jurisdiction. In the result, the appeal is allowed and the question is answered in the negative. We make no order as to costs. Ed. ......ircumstances of the present case, the Tribunal was justified is not interfering with the action of Income-tax Officer in connection with the income of that branch M/s. Jamal Jute Baling & Co. for the assessment years 1365 and 1366 B.S. while framing the assessment of M/s Jamal Soap Factory......ates to the income for the period 1365 B.S. suffers from want of jurisdiction. In the result, the appeal is allowed and the question is answered in the negative. We make no order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 78
Siddique Ahmed Chowdhury & others Vs. Gani Ahmed and others, 1979, 8 CLC (AD)
....is is a question of fact and hardly arises in this appeal by special leave. For the foregoing reason, we dismiss the appeal with costs. Ed. This Case is also Reported in: 33 DLR (AD) 1. ......he application of the special rule of onus to the facts of this case. The proposition of the rule in Ayani Dasi's case which requires consideration may be set out: "According to the established principle, in case of a document executed by an illiterate pardanashin lady, the burden lies on tho......jan Bibi. Defendants 1 and 2 are her grandsons from a predeceased daughter, and the first plaintiff, distant kindred, is the only heir of Sujan Bibi. Sujan Bibi died on 12th May, 1945. A few months before her death, she made three dispositions which are under challenge. On 13-2-1945 she made a gift ......is is a question of fact and hardly arises in this appeal by special leave. For the foregoing reason, we dismiss the appeal with costs. Ed. This Case is also Reported in: 33 DLR (AD) 1. ..Category: Property Law | Date: | Hits: 53
Bangladesh Vs. Hail Abdul Gani Biswas and others, 1980, 9 CLC (AD)
....ion of the High Court Division set aside and remitted back to the High Court Division for disposal. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 233 ......consequences do arise which are absurd or unjust, it would set the court to inquire if it was the intention of the law-maker to use the words in their ordinary significance. Having propounded the principle correctly, the learned Judges took pains to find that the amendment by President's Order......nveyance on valuable consideration with delivery of possession to the transferee shall notwithstanding anything contained in the document of transfer shall constitute a complete usufructuary mortgage for a period of maximum of seven years. The P.O. 88/72, 136/72 and 24/73 are protected by the pro......ion of the High Court Division set aside and remitted back to the High Court Division for disposal. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 233 ..Category: Property Law | Date: | Hits: 85
Nasiruddin Vs. Government of the People's Republic of Bangladesh & ors, 1980, 9 CLC (AD)
....t Division and remit the case back to it for decision in the light of the observation made above. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 216 ......ication argued that the observation of the learned Judges that with the lifting of Martial Law the proceedings which had abated have became justifiable has no legal foundation. Apart from the general principle of law which says that repeal does not revive anything under repealed enactment, in the Fo...... authority decides the abandoned character of a property resulting in the vesting of that property in the Government the question whether the property is abandoned or not is not a justiciable issue before the High Court Division. ………………(6) Emergency proclaimed on December 28, 1974 was....... 4. In view of our earlier decisions on the subject, we are not inclined to make a lengthy discussion of all the arguments made on the subject excepting briefly narrating the point that calls for determination. 5. Chronologically, we are to refer first to the Bangladesh Abandoned Property (Co..Category: Constitutional Law | Date: | Hits: 157
Abdur Rashid Vs. Secretary, Ministry of Cabinet Affairs, Establishment Div & ors, 1980, 9 CLC (AD)
....ere will be no order as to costs. Order of the Court By Majority view the appeal is dismissed but without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 201 ......ree increments of the appellant but the appointing authority passed the impugned order removing the appellant from his service. The appellant contended that the order was passed in violation of the principle of natural justice, in as much as, the appellant was not given any opportunity for cros......s, Establishment Division & ors...........Respondents Judgment Jan 7, 1980. Awarding Higher Punishment to Delinquent Government Servant than prescribed in the inquiry proceeding. It is for the appointing authority to decide whether a corrupt officer should be retained in service after......ere will be no order as to costs. Order of the Court By Majority view the appeal is dismissed but without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 201 ..Category: Employment/Service Law | Date: | Hits: 70
Bangladesh and ors Vs. Somboon Asavaham, 1980, 9 CLC (AD)
....e foregoing reasons, the appeals are allowed with costs. The order of the High Court Division is set aside and the writs are re-called. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 194 ......e foregoing reasons, the appeals are allowed with costs. The order of the High Court Division is set aside and the writs are re-called. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 194 ......n the territorial waters of Bangladesh. 2. Facts are that the Bangladesh Navy captured three Thai Fishing Trawlers and they were handed over by the Navy to the Customs authorities at Chittagong, for necessary action. The Collector of Customs, Chittagong, confiscated the three Thai Fishing Tra......he four grounds set out above, ground Nos. (ii) (iv) are interdependent and virtually dependent upon the decision as to the true construction of the ''territorial waters of Bangladesh" and on the determination of this question all the three grounds of the leave order will be determined. 5. Bo..Category: Admiralty Law or Maritime Law | Date: | Hits: 246
Commissioner of Income Tax, (Now Com. of Taxes), Ctg. Vs. Saifuddin A Siddiqui, 1980, 9 CLC (AD)
....f the Income Tax Act in this case. In the result, both the appeals are dismissed on contest without, however, any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 190 ......f the Income Tax Act in this case. In the result, both the appeals are dismissed on contest without, however, any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 190 ......tate of Reazuddin Ahmed Siddiqui, Ctg. ...Respondents Judgment Feb. 11, 1980. The Income Tax Act, 1928 (Act IX of 1928), Section 4 (3)(i). The income of a property held under trust wholly for religious or charitable purposes is exempted from tax, but this exemption will not apply to a ca...... other words, the assessment has been made on an amount of income which was never received from the property but which was simply worked out by the Income Tax Officer by guess-worked and as such this determination of the total income got no basis whatever. Mr. Rafiqul Huq has next contended that whe..Category: Fiscal/Taxation Law | Date: | Hits: 85
Badsha Mia Bepari Vs. Abul Bashar & ors., 1980, 9 CLC (AD)
....lating back becomes academic having no bearing with merits of the appeal. For the foregoing reason this appeal is dismissed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 183 ......first contention of Miah A. Gufur fails. 5. So far as the second question is concerned no doubt there is an authority in the case of Johar Mill Bhutra Vs. Jatindra Nath Base 34 C.L.J. 79 where the principle of doctrine of this pendency has been extended to a date anterior to the date of the suit ......i... ….Appellant. Vs. Abul Bashar & ors... ………Respondent Judgment Jan. 15, 1980. The State Acquisition of Tenancy Act, 1950 (Act XXVIII of 1951), section 96. Specific Performance of Contract A sale in pursuance of a decree for specific performance of contract is pre-......lating back becomes academic having no bearing with merits of the appeal. For the foregoing reason this appeal is dismissed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 183 ..Category: Property Law | Date: | Hits: 57
Gopinath Ghose Vs. State, 1980, 9 CLC (AD)
....of the Constitution. In the result the appeal is allowed, the impugned proceeding is quashed and the gold is escheated to the State. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 177 ...... previous acquittal or previous conviction known in English Common Law as autre fois acquit or autre fois convict has been embodied within the language of sec. 403 (1) of the Code. The underlying principle is that if a person has been tried by a competent court for an offence and has been either......l or revision. This issue of fact having been already decided it cannot be re-litigated in the subsequent trial being barred by the doctrine of issue-estoppel.…………(11) Mere application for return of the gold after acquittal does not, in the circumstances, amount to his admission of ......of the Constitution. In the result the appeal is allowed, the impugned proceeding is quashed and the gold is escheated to the State. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 177 ..Category: Criminal Law | Date: | Hits: 42
Abdus Sattar & others Vs. Suresh Chandra Das & others, 1978, 7 CLC (AD)
.... we set aside the decision of the High Court Division and restore that of the trial Court. The appeal is allowed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 170. ......ay be set out as follows: 1. Whether the High Court Division was well founded in law in holding that a monthly tenancy under the Transfer of Property Act is heritable. 2. Whether upon a correct principle of law the learned Single Judge reversed the finding of fact u/s 25 of the Provincial Sm...... the tenant. The other question of law involved will be dealt with at its appropriate place. 2. Facts, in brief, are that the appellants as plaintiff landlords instituted a Small Cause Courts suit for ejectment of Respondents. Their case for ejectment is that Balaram, father of Respondents, was a...... we set aside the decision of the High Court Division and restore that of the trial Court. The appeal is allowed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 170. ..Category: Tenancy Law | Date: | Hits: 67
Manager, Kushtia Sugar Mills Vs. Chairman, Khulna Labour Court and another, 1980, 9 CLC (AD)
....plication under that section is not maintainable. For the reasons stated above the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 162 ......under the definition of the latter Act. Since respondent No. 2 has been found to be a worker under the Shops and Establishment Act by the Labour Court he comes within the purview of the aforesaid principle stated in the Railway Men's case. This, however, is untenable; because the Shops and Est......he Industrial Relation Ordinance, 1969 (23 of 1969), section 34. Having ceased to be a worker by voluntarily resigning from the petitioner's company, which has also accepted such resignation before he filed an application under section 34 of the Ordinance before the Labour 'Court, his remed......plication under that section is not maintainable. For the reasons stated above the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 162 ..Category: Employment/Service Law | Date: | Hits: 68
Director of Taxation & Excise, Govt of East Pak. (now BD) Vs. Mehdi Ali Khan Panni, 1980, 9 CLC (AD)
....y order as to costs. ORDER OF THE COURT According to the majority view the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 138 ......d in case of unresolved ambiguity, does no longer find favour with the judicial authorities. This view of strict construction prevailed at a time when the doctrine of laissez faire was the ruling principle of economy of a State, but almost all the modern countries of the world have abandoned the......rpreting the language of the other.……………………(11) Maintenance of one’s family members not being understood as a charity in English language. The present waqf which in part produces for family maintenance cannot be treated wholly for charitable purpose.…………….(14) Waqf-......y order as to costs. ORDER OF THE COURT According to the majority view the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 138 ..Category: Trust/Waqf Law | Date: | Hits: 239
State, People's Republic of Bangladesh and others Vs. Haji Joynal Abedin, 1980, 9 CLC (AD)
....the decision of the majority the appeal is allowed. The judgment and order of the High Court Division dated May 4, 1978 are set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 110. ...... Martial Law Court is subject to judicial review of the High Court. He further submitted that in the absence of any guide line provided under Martial Law Regulation 3(2), it should be tested on the principle of natural justice. In elaborating his points he submitted that the power cannot be exer......d. Proclamation of 15th August, 1975 provided that Proclamations, Martial Law Regulations and Orders shall have precedence over the Constitution. Constitution cannot be said to be still in force as the Supreme law of the country, untrammelled by the Proclamations and Martial Law Regulatio......the decision of the majority the appeal is allowed. The judgment and order of the High Court Division dated May 4, 1978 are set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 110. ..Category: Criminal Law | Date: | Hits: 294
Salimuddin Ahmed Vs. The State, 1980, 9 CLC (AD)
....t the proceeding should be quashed at this stage. In the result, therefore, this appeal is disposed of with observation aforesaid. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 103 ...... statement. The law on quashing has been settled by the decision of this Court in the case of Bangladesh vs. Tan Khong Hock, 31 D.L.R. (A. D.), 69. It has been observed: "It is an established principle that ordinarily proceedings instituted alleging criminal offence must be tried in acco......r sentence of the Special Tribunals…….(3) Munim, J. came to the conclusion that the High Court Division under section 561A. can exercise its limited jurisdiction in the proceedings pending before the Special Tribunals. So far quashing is concerned, it could not be said that the prolongat......t the proceeding should be quashed at this stage. In the result, therefore, this appeal is disposed of with observation aforesaid. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 103 ..Category: Criminal Law | Date: | Hits: 51
Hupen Majhi @ Hapan Tudu & ors Vs. Munshi Abul Khair, 1980, 9 CLC (AD)
....e of the appeal in terms of the earlier order of remand passed by the High Court Division. Let the matter be disposed of expeditiously. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 96 ......er of remand passed by the Court of appeal below to the High Court Division where some of the defendant-appellants had died and were not substituted whether the appeal abated as a whole. To test this principle substance of rules 4 and 33 of Order 41 of the Code requires to be looked into. Bereft of ...... the appeal. Both the District Judge as well as the learned Judges of the High Court Division are of the view that the Second Miscellaneous Appeal abated as a whole and is under question. 2. Facts for disposal of this appeal are that the respondent brought a suit for declaration of title and re......e of the appeal in terms of the earlier order of remand passed by the High Court Division. Let the matter be disposed of expeditiously. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 96 ..Category: Property Law | Date: | Hits: 73
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