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Nani Gopal Saha Vs. Jatindra Lal Chowdhury and others, 1981, 10 CLC (AD)
....s an order in excess of its power as provided under Articles 3 and 7 of the President's Order No. 13 of 1972. In the result, the appeal fails and it is dismissed with costs, Ed. ...... Court. Clause (1) provides that when the parties have agreed to Arbitration, the Arbitration Court shall, on the basis of its findings under clause (3), pass an order either allowing the prayer of the applicant or rejecting it; and this order shall be final and binding on the parties. ..Category: Constitutional Law | Date: | Hits: 153
Khadomul Islam Chowdhury Vs. Bangladesh and others, 1981, 10 CLC (AD)
....for disposal in accordance with law. Let the operation of the order dated 12th July. 1979 be stayed till the disposal of the matter in the High Court Division There will no order as to costs. Ed. ......he learned Judges while setting aside the judgment of 12th July, 1979, passed the order without hearing both sides, and without giving an opportunity to the Appellant to make out his case against the prayer for rehearing of the Writ petition on setting aside the judgment. It appears that in setting ..Category: Constitutional Law | Date: | Hits: 160
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. ......en and Article 15 provided equality of citizens, that is, equal before law and equal protection of law. 11. Judgment in Chittaranjan Sutar’s case was given on July 1, 1965 and on the prayer made on behalf of the Government Certificate under Article 58 of the Constitution of 1962 wa..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. ......ccurring under section 14(2) cannot but be 'relief of a similar nature. We do not find anything to depart from this view. 6. In the present appeal we find it difficult to bring the prayer for amendment of the decree under section 151 of the Code of Civil Procedure as the same rel..Category: Property Law | Date: | Hits: 54
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. ......nd since the reward amounted to more than Tk. 5000/-, under the Rules of Business of the Government the matter was placed before the National Board of Revenue who finally rejected the respondent's prayer under the impugned circular stating that Tk. 41,000/- was more than the 20% of the estimated..Category: Criminal Law | Date: | Hits: 171
Commissioner of Income Tax Vs. Chowdhury Ramzan Ali and another, 1982, 11 CLC (AD)
....t all matters relating to assessment should be dealt by the machinery set up under the Income Tax Act and this was pointed out by the Privy Council in the Raleigh Investment Co. Ltd. 17. The alternative argument that an assessee should have a right to seek his remedy as an alternative......ed without any order as to costs. The orders of the Court below are set aside, the proceedings of claims of the appellant before the Company Judge will proceed according to law. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 85
Bangladesh Vs. Hon'ble Judge, Prize Court, HCD, Supreme Court Building, Dacca, 1982, 11 CLC (AD)
....tment or rules which the Constitution has empowered the President to make for the regulation of payment of money belonging to the Prize Court Fund Into the Public Account of the Republic, the only alternative left to the Government is to get an Act passed by Parliament or have Rules framed by th......e learned Attorney-General are found unacceptable, not because it lack reasons but such reason has no support in law. The appeal is dismissed. No order as to costs. Ed. ..Category: Others | Date: | Hits: 116
Jamil Huq and 11 others Vs. Bangladesh and others, 1981, 10 CLC (AD)
....he precedents of different jurisdictions reinforce my conclusion. I have made on the scope of judicial review available to the High Court Division under Article 102 (5). 24. Now remains the two alternative grounds urged in support of the judicial review of the order of the Court Martial in t......llenging the order of the High Court Division that the Writ jurisdiction is barred by the ouster clause in sub-article (5) of Article 102 of the Constitution. The High Court Division also refused the prayer for certificate for leave on the ground that the court had no jurisdiction to entertain the p..Category: Constitutional Law | Date: | Hits: 327
Ranabir Purkayastha @ Bhanu Vs. Alekjan Bibi and ors., 1982, 11 CLC (AD)
....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. ......;nal proceeding have also claimed for permanent injunction on the assertion that they got possession on the execution of the contract for sale of the land. It is also to be remembered that the prayer for injunction regarding possession of the land was not granted, though there is no spe..Category: Criminal Law | Date: | Hits: 39
Commissioner of Income Tax, Dacca Vs. Adamjee Sons Ltd., 1982, 11 CLC (AD)
.... 7. In the case of Commissioner of Wealth Tax Vs. K. M. Desikar reported in 92 I.T.R, page 101, it has been held that sections 7(1) and 7(2) of the Wealth Tax Act provided two alternative modes of valuation in relation to the business assets of an assessee. If the wealth tax......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. ..Category: Fiscal/Taxation Law | Date: | Hits: 73
Nurjahan Begum, wife of Mahmudur Rahman Vs. Mahmudur Rahman Mullick , 1982, 11 CLC (AD)
....a farther declaration that the defendant (appellant) has no fight, title, interest and possession 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 ......claration that the defendant (appellant) has no fight, title, interest and possession 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 ..Category: Property Law | Date: | Hits: 448
Habibur Rahman Vs. The State, 1982, 11 CLC (AD)
....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. ......e order dated January 14, 1977 passed by the Sessions Judge and Special Tribunal, Kushtia vacating the order, allowing withdrawal of the criminal case against the appellant on August 5, 1975 on the prayer of the Public Prosecutor, and sending the case record to the Chief Martial Law Administrato..Category: Criminal Law | Date: | Hits: 46
Chairman, D. I. T and another Vs. Chairman, 2nd Labour Court and another, 1981, 10 CLC (AD)
....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. ......the conclusion that the DIT is a commercial establishment and the respondent No. 2 is a worker within the meaning of the Employment of Labour (Standing Orders) Act, 1965 and accordingly granted the prayers. The decision of the Labour Court was challenged by way of writ petition by the DIT. The Hig..Category: Labour and Industrial Law | Date: | Hits: 108
Assessing Officer, Narayangonj Range and others Vs. Burmah Eastern Ltd., 1981, 10 CLC (AD)
....tion under Article 102 of the Constitution, without preferring appeal as provided in the Statute. As we have found the impugned action without jurisdiction, the question of availing statutory alternative remedy does not arise. We are of opinion that the High Court Division has rightly held......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
Zahirul Huq Vs. Ejamul Huq and others, 1982, 11 CLC (AD)
....rom the due process of law. With this observation this appeal is allowed without any order as to costs, the order of the High Court Division is set aside and the writ petition dismissed. Ed. ......in Writ Petition No. 575 of 1977) Judgment: K. Hossain CJ.—In this appeal Zahirul Huq is the appellant and the matter arises out of writ petition brought by Enamul Huq and another and their prayer was to declare the order of Additional Deputy Commissioner (Rev) Dinajpur dated 5-1-77 direct..Category: Tenancy Law | Date: | Hits: 93
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. ......ered Tk. 15, 00,000.00 for the disputed property but her tender was not accepted. Subsequently, however, she offered to pay the highest bid money of Tk. 84, 00,000.00 but the Ministry rejected her prayer. It has been alleged that the appellant having found no other way and in order to grab the d..Category: Criminal Law | Date: | Hits: 51
Lutfar Rahman Vs. State, 1973, 2 CLC (AD)
....tion and sentence passed against the appellant under section 420 of the Penal Code are set aside and he is discharged of the bail bond. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 102 ......ed the conviction under section 406 to one under section 420 of the Penal Code. The appellant thereafter filed a petition for Special Leave to Appeal in the erstwhile Supreme Court, which granted the prayer to consider the contentions raised on behalf of the appellant that, in the facts and circumst..Category: Criminal Law | Date: | Hits: 84
Bangladesh Vs. Naziruddin Ahmed, 1973, 2 CLC (AD)
....ve a grievance as to a violation of any procedure in the enquiry as was the case in (1960) 12 DLR (SC) 9=P.L.D. 1960 S.C. (Pak) 113. 20. Being faced with this situation, Mr. S.R. Pal offered as an alternative contention that the Governor referred the plaintiff's case to the Screening Committee un......f the High Court are reversed. The plaintiff's suit is dismissed. In the circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 94. ..Category: Administrative Law | Date: | Hits: 106
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. ......n is not pressed by anybody. The defendants have already got about five months' time by 7 adjournments for filing w/s. The suit cannot be dragged indefinitely. The plaintiff has been opposing the prayer for further time. Considered prayer is allowed as a last chance. No further petition for ti..Category: Others | Date: | Hits: 103
Secretary, EPIDC, Dacca Vs. Md. Serajul Hoque, 1973, 2 CLC (AD)
....only to defend himself but also to show cause against dismissal. If, therefore, the authority does not wish to take disciplinary proceedings against the offending Government servant but adopts the alternative course of not giving him any extension on the expiry of the stipulated period, if canno......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. ..Category: Employment/Service Law | Date: | Hits: 96
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