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Md. Matlabur Rahman & ors Vs. Madan Meah Chowdhury, 1981, 10 CLC (AD)
....refin Hazrat Moulana Mohammad Moksusar Rahman as the Sajjadanashin of Mirzakhil Darbarsharif against the defendants for permanent injunction restraining them from obstructing the plaintiff in holding and performing "Urs” on the lands described in the schedule to the plaint. The p......nly in third generation of the family and the original founder was the grandfather of the deceased plaintiff. No custom had yet been built up worth the name because the Darbarsharif is not yet over 100 years standing. On the other hand, it appears that after the death of the original founder..Category: Civil Law | Date: | Hits: 91
Amanullah Bhuiyan and others Vs. Abdul Hafiz and ors, 1981, 10 CLC (AD)
....riod of three years from the date of the final decree which is November 30, 1954. The learned Music rejected this ground and dismissed the objection petition under section 47, Civil Procedure Code holding that limitation would start in this case from May 22, 1965 when the decree was drawn and s...... Hafiz and ors…..........................Respondents Judgment March 17, 1981. Cases Referred to- Koshers Mohan Pal vs. Proves Chandra Manual AIR 1924 Cal. 351; Government of West Pakistan vs. Nazi Mohammad, (1967) 19 D.L.R (SC) 236— PLD 1967, S.C. 271; E..Category: Procedural Law | Date: | Hits: 106
Commissioner of Taxes & another Vs. M/s. Mullick BroÂthers, 1981, 10 CLC (AD)
.... of an existing law. The High Court Division replied to both the contention and discharged the rub. Thereafter, by special leave the appeal was filed and this Court by its judgment allowed the appeal holding that the arrear tax assessed against the firm not being a Government debt before emergence o......ntention and discharged the rub. Thereafter, by special leave the appeal was filed and this Court by its judgment allowed the appeal holding that the arrear tax assessed against the firm not being a Government debt before emergence of Bangladesh is not recoverable by any process of law. This Divisio..Category: Fiscal/Taxation Law | Date: | Hits: 98
Md. Abdul Jalil Vs. Durjan Ali alias Siddique Hossain and others, 1981, 10 CLC (AD)
....e application suffered from defect of parties in that a number of co-sharers by inheritance were not impleaded in the application for pre-emption. Trie learned Munsif rejected this contention holding that the omission of certain persons a referred to in section 96(2) was not fatal to the pr......nature. Rule 9 Order 1, C.P.C Code provides that “No suit shall be defeated by reason of the mis-joinder or non-joinder of parties and the court may in every suit deal with the matter in controversy so far as regards the rights and interests of the parties actually before it”. In the ..Category: Property Law | Date: | Hits: 43
Dr. Nurul Islam Vs. Bangladesh, 1980, 9 CLC (AD)
....her a partiÂcular tax could not even be imposed in a different way or in a way the Court might think more just and equitable," it would strike down such law if it is discriminatory in its effect. In holding that the impugned provisions of the Travancore-CoÂchin Land Tax Act, 1955 which subjected t......e appellant was appointed the Joint Director of the Institute and in March, 1967 was appoÂinted to act as Professor of Medicine in addition to his duties as Joint Director. 5. In July, 5969 the Government decided to convert the post of Director and professor of Medicine of the Institute into no..Category: Employment/Service Law | Date: | Hits: 180
Musharraf Hossain Chy Vs. GM, Titas Gas Transmission & Dist. Co. Ltd. & ors., 1981, 10 CLC (AD)
....gladesh is hereby appointed as the Administrative Manager of the Titas Gas Transmission and Distribution Company Ltd. and he is directed  to report for duties immediately. The officer currently holding the aforesaid post should vacate and will work as an officer on Special Duly until further ......ly.) Judgment: Fazle Munim J.- These two appeals, namely, Civil Appeal Not. 196 of 1979 and 65 of 1980 Involved in a common question of law, they were heard analogously and this judgment will govern both the two appeals. Civil Appeal No. 167 of 1979 arises from the judgment and order of a ..Category: Employment/Service Law | Date: | Hits: 104
Bangladesh Steamer Agents Association Vs. Bangladesh & others, 1981, 10 CLC (AD)
....of a citizen, the Court in obliged to decide whether the observance of toe principles was necessary for a just decision, in the facts and circumstances of the case. The High Court was wrong in holding that just because the licence was subject to condition the licence could be penalized with......called the Ordinance as a nonprofit making concern having the main object of doing the business of weighment / measurement of various articles of import and export by private individuals. The Government granted the license required under section 3 of the Ordinance on due approval of the Memo..Category: Others | Date: | Hits: 110
Khandaker Ehtehshamuddin Ahmed @ Iqbal Vs. Bangladesh and others, 1980, 9 CLC (AD)
....hat the President Mr. Justice Abusaadat Mohammad Sayem assumÂed the powers of Chief Martial Law Administrator and declared that the Chief Martial Law Administrator shall not be deemed to be a person holding an office of profit in the service of the People's Republic of BanglaÂdesh for any purpose ......¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦.Respondents Judgment March 27, 1980. Result: The appeal is dismissed. Cases Refereed to- Halima Khatun vs. Bangladesh, 30 DLR (SC) 207, Asma Jilani vs. GovernÂment of Punjab, PLD 1972 (SC) 139, State vs. Zia-ur-Rahman, PLD 1973 (SC) 49, Federation of P..Category: Constitutional Law | Date: | Hits: 292
Bangladesh and others Vs. Md. Abdur Rab, 1979, 8 CLC (AD)
....n 1962 as a Sub-Inspector of Police was promoted as an Inspector of Police in 1972. When he was Inspector of Police, he was posted in Mohammadpur Police Station, Dacca as the Officer-in-Charge. While holding this office he went on leave in November, 1975. He was served with a notice dated December 2......ce dated December 23, 1975 issued by the Chairman, Second Screening Board, Dacca, which has since been abolished, asking him to show cause why a recommendation will not be made against him under the Government of BanglaÂdesh (Service Screening) Ordinance, 1972 (the President's Order No. 67 of 1972)..Category: Employment/Service Law | Date: | Hits: 102
Nani Gopal Saha Vs. Jatindra Lal Chowdhury and others, 1981, 10 CLC (AD)
....rties, who as required in the law, appeared, on consideration of the report submitted by the Magistrate as per direction of the Thana Magistrate and after hearing of the parties and holding local enquiry the Thana Magistrate by his order dated March 15, 1975 directed for restorati......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. ..Category: Constitutional Law | Date: | Hits: 153
Abdus Samad & ors Vs. Md. Sohrab Ali and others, 1981, 10 CLC (AD)
.... facts and circumstances of this case. 3. Facts relevant for disposal of the appeal are that the pre-emptor respondent No. 1 filed an application claiming to be a co-sharer in the holding and prayed for preemption of the transfer of .45 acres of land dated October 25, 1965 ......nd without lending the case back to the trial court to find out as to whether the said persons omitted from the proceeding had any subsisting interest in land as shown by the pre-emptee. The uncontroversial statement of the appellants made in respect of the subsisting interest of Mozaffar Ali Kh..Category: Property Law | Date: | Hits: 73
Ful Chand Das and others Vs. Mohammad Hammad and others, 1982, 11 CLC (AD)
....roperty by the members of the minority community was that registration of instruments of transfer was made conditional on the granting of prior permission by the Deputy Commissioner concerned after holding, the necessary inquiry to ascertain whether or not the proposed transfer was in due course....... They became victims of communal riots which broke out in January 1964; their huts and houses were burnt and their movable properties looted; they took shelter in the refugee camps opened by the Government in the city of Dacca. After some time they returned to their village and after reconstruc..Category: Property Law | Date: | Hits: 75
Abdul Alim and others Vs. A. K. Abdul Hoque and others, 1982, 11 CLC (AD)
....s objection was negatived by the Executing Court, the Lower Appellate Court and the High Court Division in the Second Miscellaneous Appeal. The High Court Division dismissed the appeal holding the decree-holder is entitled to the benefit of the provisions of section 14 of the Limitat......her it could be said that the second executions petition was within time. 2. The facts giving rise to these questions are that there was a suit for declaration of an easement right over the passing of water through a drain between the respondents and appellants. The suit was dec..Category: Property Law | Date: | Hits: 54
Mofizur Rahman Khan Vs. Government of Bangladesh, 1982, 11 CLC (AD)
....ion of the Estate Officer. The Act of 1971 did not leave any such discretion and kept only one proceÂdure alive putting retrospectively the other proÂcedure out of action. The Supreme Court while upholding the constitutionality of this Act observed: "The validity of the 1971 Act depends on the......he change of the law. WhichÂever method is adopted, it must be within the competence or the legislature and the language adequate to attain the object of validation. If the legislature has the power over the subject-matter, it can at any time make such a valid law and give it a retrospective operat..Category: Constitutional Law | Date: | Hits: 188
Abdul Halim Mollah @ Monohar Mollah & anr Vs. Member, App Tribunal Dacca & ors., 1982, 11 CLC (AD)
....ity Act 52, the Public Safety Ordinance 58 and the Bangladesh Schedule Offences (Special Tribunal) Order 1972(P.O. 50 of 1972). It is legitimate in interpreting an enactment to see the law that was holding the field previously and what manner it has been repealed. P.O. 50 of 1972 provides ap......s aforesaid there shall be no appeal from any order, judgment or sentence of Special Tribunal and no Court shall have authority to revise such order, judgment or sentence. (2) The Government shall for the purpose of this Act, constitute one or more Appellate Tribunals; and an ..Category: Criminal Law | Date: | Hits: 40
Bangladesh Vs. Md. Matiur Rahman, 1982, 11 CLC (AD)
....s a major penalty yet the respondent it seems cannot get the relief for which he came before the Court of law. To my mind the charge proved calls for a minor punishment, namely, censure or withholding of promotion for a specified period. It is interesting that Rule 4(2) (d) provides for reco......as drawn up as to why he should not be dismissed from service or otherwise suitably punished for inefficiency and misconduct within the meanings of clauses (a) and (b) of rule 3 of the Government Servants (Discipline and Appeal) Rules, 1976 The explanation was not satisfactory and..Category: Employment/Service Law | Date: | Hits: 87
Commissioner of Income Tax Vs. Chowdhury Ramzan Ali and another, 1982, 11 CLC (AD)
....sion Bench of the High Court which dismissed the appeal. 3. Leave was granted to consider substantial questions of law involved in the case, namely, whether the High Court was wrong in holding that provisions of section 10(1)(vii) was not attracted, whether the High Court was wrong i......come tax and super tax assessed for the assessment year 1962-63 from the fund of the Company in liquidation. The Company Judge rejected the application on the ground that the price offered by the Government was not for sale but for the .compulsory acquisition of machinery, plants, etc. of t..Category: Fiscal/Taxation Law | Date: | Hits: 85
Rokeya Khatun Vs. Alijan @ Alijan Bepari and ors., 1982, 11 CLC (AD)
....fzan Bibi in favour of her younger son respondent No. 2. Mahtabuddin Miah, Leave was granted to examine the question whether the learned Judge of the High Court Division was correct in holding that a subsequent transferee from a person claiming benefit under a document executed ......he modification that the suit is decreed in part in favour of the appellant to the extent of the 1/3 rd share in the suit property. Respondent No. 1 is to pay cost of the appeal. Ed. ..Category: Property Law | Date: | Hits: 57
....al enquiry will be as laid down hereunder in Statutes 7, 8 and 9.
7. When an employee of the University is charged with an offence the maxiÂmum penalty for which is dismissal the procedure for holding and enquiry shall be as follows:
(a) A charge-sheet shall be presented to the delinquent......ee persons and to be appointed by the Chancellor to enquire into the offence of subversion. For inquiring into the offence of misconduct no Inquiry Committee has been provided for in the Statute, Moreover, the Vice-Chancellor had no authority to appoint an Inquiry Committee. A statute 7 provides the..
Category: Employment/Service Law | Date: | Hits: 109
Khondker Moshtaque Ahmed Vs. Bangladesh, 1982, 11 CLC (AD)
....quirement of the law it that the accused mutt be produced before a Magistrate after his arrest but the appellant was not produced before any Magistrate. Sec. 167 of the Code of Criminal Procedure was holding the field and the Regulation 2(a) was promulgated on 28-12-1976 that is after a month. Secti......nd Urban Development got various consÂtruction and repair work done in the Dak-Bungalow of the Rabiya Kabir Kalyan Trust and similar work done in his paternal home at Doshpara at the expense of the GovernÂment through corrupt and Illegal means and by abuse of his official position and thereby pecu..Category: Criminal Law | Date: | Hits: 287
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