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Al-haj Mohammad Seraj-ud-Dowla and others Vs. The Secretary, Ministry of works, 2006, 35 CLC (AD)
....anmondi Residential Area, Dhaka vide Regd. Deed No. 1236 dated 7-4-1985 for a consideration of Tk. 10,00,000/- (Tk. ten lacs) only from Kamrul Islam Dewan and others; that Syed Altaf Hossain has also purchased .10 decimals of land of Plot No.366, Khatian No.57 of Mouza Bhola, P.S. Gulshan, Distr......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. ......d Altaf Hossain; that the other tenderers did not raise any objection regarding the acceptance of the tender and or participation of Syed Altaf Hossain; that the Govt. did not sustain any financial loss by accepting the tender of Syed Altaf Hossain; that the plaintiff has got no title and posses..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)
.... 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 renewal of registration under section 26A of the Income-Tax Act fo......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. ......ssessment for the Income-tax year 19......19......" The form further provides for other particulars, namely, "interest on capital, salary or commission of firm, profit and loss, etc.” 7. Rule 6(a) provides for granting of renewal to the firm which is as unde..Category: Fiscal/Taxation Law | Date: | Hits: 76
People's Republic of Bangladesh Vs. Sri Sri Madan Gopal Jew Bigraha and ors., 1981, 10 CLC (AD)
....laint clearly challenge the notification made under section 3 of the Act as null and void and as such all consequences following there from on the acquisition of the Debuttor property were also challenged and scan injunction was sought for. It is to be further observed that it is now well ......t) Ordinance, 1956 (E.B. Ordinance No. Ill of 1956) or of any other law making any amendment in the said Act or of the acquisition of any property made under any provision thereof is challenged or called in question shall abate, and all orders, including orders of injunction and other inter...... of the first appellate Court is empowered to question validity of Hate Court and restore that of the trial Court recording abatement of the suit, There will be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 44
Bangladesh Vs. Hail Abdul Gani Biswas and others, 1980, 9 CLC (AD)
....197 and 303 of 1973 and 11, 12, 14, 19,24,26, 27, 52, 56, 57, 58, 59, 117, 139, 232, 261, 367 add 565 of 1974 which were heard analogously under Article 102 of the Constitution making the said Rule absolute. These are certificated appeals under Article 103(2) (a) of the Constitution. Facts of all......he different rules of interpretation to construe the work "transfer as transfer by mortgage. It was further contended that the learned Judges of the High Court Division were wrong in applying the so-called mischief rule as enunciated in Heydorn's case to hold that the words out and out sale with a......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
Wahid Ali and ors Vs. State, 1980, 9 CLC (AD)
....wers Act. The Sessions Judge called for the reÂcords and passed the following order, the legaÂlity of which is under challenge: "Seen the F.I.R. and police diary. It appears that accused persons who are relations of the Informant have great enmity with the complainant. That is why the ac......ass Magistrate, Sadar, Sylhet. At that stage the Informant filed an application before the Sessions Judge praying for taking cognizance of the offence under the Special Powers Act. The Sessions Judge called for the reÂcords and passed the following order, the legaÂlity of which is under challenge:......e the orders of the High Court and that of the Sessions Judge and direct that the proceeÂdings are to continue in accordance with law. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 229 ..Category: Criminal Law | Date: | Hits: 33
M/s. Hossain Ahmed Vs. M/s. H. D Hossain & Brothers, 1980, 9 CLC (AD)
....ays subject to acceptance and approval of the authority concerned and invariably the tender form contains stipulations that the authority reserves the right to reject any bid without assigning any reason and is not bound to acÂcept the lowest bid…………..(10) Cases Referred to- Ramphal ...... through the proper channel but that would not call for interference by way of a writ. The substance of the thing was there and as the High Court was not a Court of appeal it could not have been called upon to correct a mere technical error in the exercise of a juÂrisdiction which was othe...... allÂowed with cost and the order of the High Court Division in staying the operation of the order of the District Judge is set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 223 ..Category: Others | Date: | Hits: 94
Nasiruddin Vs. Government of the People's Republic of Bangladesh & ors, 1980, 9 CLC (AD)
.... of 1980. (From the Judgment and Order dated 13.12.1979 passed by the High Court Division in Writ Petition No. 296 of 1978) Judgment: Kemaluddin Hossain, CJ.—In this appeal a question of some public importance is involved, in that whether the learned Judges of the High Court Division we......), such property shall notwithstanding any defect in the right or authority to take it over, shall vest and be deemed to have always vested in the Government. This taking over or vesting shall not be called in question on any ground whatsoever before any authoÂrity, or Court, and all suits, appeals......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 ..Category: Constitutional Law | Date: | Hits: 157
Abdur Rashid Vs. Secretary, Ministry of Cabinet Affairs, EstaÂblishment Div & ors, 1980, 9 CLC (AD)
....e witnesses examined by the Screening 'Board in the absence of the appellant Secondly, it was contended that the enhanced punishment was inflicted by the appointing authority without assigning any reason and without giving any notice of the proposed enhanced punishment, which is also in violation ......ected against the judgment and order of the High Court Division dated March 16 1979 in Writ Petition No. 15 of 1978. 2. The appellant by filing an application under Article 102 of the Constitution called in question the order dated December 24, 1976 passed under clause (2) of Article 6 of the Pre......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)
....ent and order dated 15-3-79 passed by the High Court Division in writ petition Nos. 673, 674 and 850 of 1977). Judgment: K. Hossain, CJ.—These three appeals were heard together as they were so heard in the High Court Division, which disposed of three Writ petitions in Writ jurisdiction, in...... those came withÂin the mischief of the penal section of the Customs Act. The actions taken by the CusÂtoms authorities were done with jurisdiction and in accordance with law and no interference is called for. In this view of the matter the decision of the High Court Division cannot stand. On t......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 ..Category: Admiralty Law or Maritime Law | Date: | Hits: 246
Gopinath Ghose Vs. State, 1980, 9 CLC (AD)
.... Mere applicaÂtion for return of the gold after acquittal does not, in the circumstances, amount to his adÂmission of possession of the gold. In the previous trial he disclaimed it and the Court also held that it was not recovered from his possession, Because of this finding the subsequent proseÂ......e High Court of East Pakistan held: "The principle of res judicata does and should apply to criminal proceeÂdings in the same way as to civil proÂceedings in as much as a person cannot be called upon to contest the same question over and over again. But, in order that the said principl......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)
....appeal is allowed. The Small Causes Courts Act, 1887 (Act IX of 1887), section 25. The Transfer of Property Act, 1882 (Act IV of 1882), sections 105, 106. The right of occupation remains personal with the tenant. The right being personal it ceases with the death of either party. So on the ......dvert to the second half of the definition of 'tenant,' which says that it also includes a person continuing in possession after the termination of his tenancy. In this view of the matter, we are not called upon to dilate on this Ordinance any further. 9. At the outset, it is to be observed that ...... 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
Director of Taxation & Excise, Govt of East Pak. (now BD) Vs. Mehdi Ali Khan Panni, 1980, 9 CLC (AD)
.... arises and learned authorities are cited in support of the proposition that a taxing statute is to be construed strictly in favour of the subject. But this view though not abandoned in case of unreÂsolved ambiguity, does no longer find favour with the judicial authorities. This view of strict cons......, the Appellate Tribunal took the view that the agricultural income derived from the Wakf is wholly exempted from tax under section 4(b) of the Bengal Agricultural IncÂome Tax Act, 1944 (hereinafter called the Act), and allowed all the appeals. The appellant, Director of Taxation, East PakisÂtan t......y order as to costs. ORDER OF THE COURT According to the majority view the appÂeals 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 ReÂpublic of Bangladesh and others Vs. Haji Joynal Abedin, 1980, 9 CLC (AD)
....Proclamation shall be deemed to have been made by the Chief Martial Law Administrator and they could be amended and repealed only by the Chief Martial Law Administrator, (in) The Parliament stood dissolved by this Proclamation and dissolution dated back of 6th November, 1975 and general election fo......a Akhtar Khatun before the Sub-Divisional Magistrate, Kishoreganj alleging, inter alia, that on March 18, 1975 at about 4 P.M. accused Chand Mia and others (not named) being armed with deadly weapons called her husband Irfan Ali out of his house and took him to the Mear Bazar where he was killed by ......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
M.V. Aghia Thalassini and others Vs. Abu Bakr Siddique and others, 1980, 9 CLC (AD)
....in the charter party was not incorporated in the Bill of Lading and consequently the arbitration clause was not applicable to the contract evidenced by the Bill of Lading. The High Court Division also noticed that fraud, collusion and conspiracy were alleged by the Respondent No. 1. In this view o......uch discretion cannot be exercised. There is the end of the matter. In the result, therefore, this appeal is disÂmissed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 107 ......arter-party by general words were ultimately endorsed in favour of A. M. Traders, the Respondent No. 1. The Vessel ultimately reached Chittagong Port on 17-10-77 and this delay has caused substantial loss to the respondent No. 1 as the price of salt went down. Hence the Admiralty Suit was filed. App..Category: Business or Commercial Law | Date: | Hits: 89
Bangladesh Vs. Abdur Rashid and others, 1980, 9 CLC (AD)
....ed as the ArÂbitrator in the case. The claim was contested by the then Government of East Pakistan conÂtending that the claim was highly inflated; that the Deputy Commissioner awarded a fair and reasonable amount of compensation havÂing regard to the quality of the land, the situation and all oth......ion (5) clause (b) will reveal that the power as well as mode of assessment of comÂpensation under the special law has been proÂvided for an application of provisions of Land Acquisition Act is not called for. The proviÂsion of special law fits in with the fact of the case and so the general prov......any order as costs. The orders of the High Court and the Additional District Judge, 3rd Court Dacca, as awarding interest are set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 92 ..Category: Others | Date: | Hits: 86
A. Z. Rafique Ahmed Vs. BD Council of Scientific and IndusÂtrial Research & ors, 1980, 9 CLC (AD)
.... after accepting his joining report sent him to the Bangladesh Council of Scientific and InÂdustrial Research Laboratories, Dacca, hereinÂafter referred to as "the Council", for duty. The Council absorbed the appellant in the AdÂministration Branch and subsequently in 1974 the appellant was trans......ded. The other proceeding was drawn up on May 4, 1977 on the allegation of misbehavior with the Superintendent on June 26, 1976. The petitioner submitted his explanation in both the cases. The former called for a major punishment but the latter called for a minor punishment. Annexure E is a letter S......ion is set aside and it is declared that the order of dismissal of the appellant is without any lawful authority and of no legal effect. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 83 ..Category: Employment/Service Law | Date: | Hits: 130
Abdul Mannan Vs. Bangladesh and another, 1980, 9 CLC (AD)
....gladesh and anoÂther…………................Respondents Judgment August 8, 1979. The Government Servants (Discipline and Appeal) Rules, 1976, Rules 3(b)(c), 11. The order of compulsory retirement even if passed with immediate effect the incumbent, due to the operation of this pro......cer in the Tariff Commission. On certain allegations of corruption and misconduct a proceeding was drawn against him under the Government SerÂvants (Discipline and Appeal) Rules 1976, hereÂinafter, called the Rules, by the Secretary, Ministry of Commerce. The procedure as laid down in the Rules wa......in the judgment of the High Court Division warranting inÂterference. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 75 ..Category: Employment/Service Law | Date: | Hits: 72
Azizul Molla Vs. Taher Ali Sarder and others, 1980, 9 CLC (AD)
.... …….....Appellant Vs. Taher Ali Sarder and others...Respondents Judgment Nov. 22, 1979 The Local Government Ordinance, 1976 (Ordinance No. LXL of 1976) sections 13(2), 13(2) proviso. In the absence of prescribed rules the members purported to exercise power to that effect for......d or a Chairman, Vice-Chairman or an elected member of Zilla Parishad shall not be removed from his office on any ground mentioned in sub-section (1) unless, at a special meÂeting of the Parishad called for the purÂpose in the prescribed manner, a resoÂlution to the effect that he is liabl...... without any lawful authority and the order passed by the Prescribed Authority in conseÂquence of the resolution is of no legal effect. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 65 ..Category: Employment/Service Law | Date: | Hits: 108
M. A. Hai Vs. Trading CorpoÂration of BanglaÂdesh, Dacca, 1977, 6 CLC (AD)
......(6) The appointing authority is not bound to accept the recommendations of the enquiry officer but in inflicting higher punishment not recommended, the appointing authority is expected to assign some reasons for coming to such a decision. Even in case of giving reasons, the order is not immune ......978 dismissing the apÂpellant from service is declared to have been passed without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 46. ......er dated April 13, 1978 removing him from the service of the Corporation finding him responsible for the theft of 111 rolls of synÂthetic fabric from the godown at Siddique Bazar and thereby causing loss of more or less Tk. 83,096/00 to the Corporation. The aforesaid notice clearly shows that the d..Category: Employment/Service Law | Date: | Hits: 72
Syed Masud Ali and others Vs. Md. Asmatullah & others, 1980, 9 CLC (AD)
....aqf or not and his decision can be challenged before the District Judge. Section 50 of the Ordinance has been inserted in the enrolment chapter. Specific provisions have been made regarding the person, proÂperty, time and manner in which the enrolÂment is to be made. In this context, section 50......n a dispute and so the adjudicatory authority of the Administrator may not be invoked. There may be cases, of course, where a dispute is raised at the time of enrolment when the Administrator will be called upon to decide the waqf character of the property. The moment the Administrator decides the q......rst schedule land of the plaint if the plaintiff so desires to proceed. In the circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 39 ..Category: Trust/Waqf Law | Date: | Hits: 196
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