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Haji Tajamal Ali being dead his heirs: Kamarunnesa & ors. Vs. Abdus Sattar & ors, 1982, 11 CLC (AD)
.... contiguity. His claim was accepted by the High Court Division but was rejected in appeal by this Division. Facts are that under a sale-deed five different plots of land belonging to five different holdings and recorded under five different Khatians, were transferred. Those plots were themselves ......s well from the pre-emptor’s lend except interpret of one tack situated in one of the plots. Even that tank was separated from the pre-emptor's land by a public pathway which belonged to the Government and not to any individual question arose whether contiguity between the rank which is a p..Category: Property Law | Date: | Hits: 66
Bangladesh & others Vs. A. K. M. Zahangir Hossain, 1981, 10 CLC (AD)
....urpose. Except these limitations for the rest of the service conditions of the subordinate police officer, he comes within the description of the definition of a person in the service of the Republic holding a civil post. These two aspects are required to be dealt with separately. Since the second......…………………………………………... Respondent (In Civil Appeal No. 134 of 1978). And Mokaddes Ali……………………………………………. Appellant Vs. Government of Bangladesh & others………………………………………………. Responde..Category: Constitutional Law | Date: | Hits: 188
Md. Habibur Rahman & ors. Vs. Hasen Ali Mondal and others, 1982, 11 CLC (AD)
....80. Facts leading to his removal are as follows: 3. The member of the aforesaid Union Parishad sent a letter to the Sub Divisional Officer, Bogra (Sadar) who is the prescribed Authority for holding a special meeting to enable them to move a motion of no confidence against the Chairman. Am......would be held at 11 A.M. on October 22, 1979 in his office premises for considering the no-confidence motion against respondent No. 1. Mr. Monzur Ali, Magistrate, 1st class was empowered to preside over the meeting. On the aforesaid date the special meeting was held in which the no-confidence re..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)
....e election result. 21. Purpose of law is to elect the people representative through election process. It is the verdict of the people that the law wants to uphold. The question is whether in holding the election there had been any infraction of election rules, which may have affected the ......nd the result-sheet. From this the learned Munsif concluded that there was violation of election rule. 39 Presiding Officer Mr. Ameeruddin in Ms examination-in-chief stated that counting was over at 5 A.M. but in cross-examination he stated that the result was declared at 4 A.M. He started..Category: Election Law | Date: | Hits: 121
Haripada Biswas Vs. State & another, 1982, 11 CLC (AD)
....n criminal revision for quashing of the proceedings under section 561 A of the Code of Criminal Procedure. The learned Judges discharged the Rule in Criminal Miscellaneous Case No. 687 of 1978 holding that section 435 Criminal Procedure Code has given ample powers to the Sessions Judge for ......ection 435 of the Code, we do not think it is further necessary to decide whether the Sessions Judge has apart from the provisions of the Code, any general powers of supervision or control over the Magistrate. The impugned inquiry initiated by the learned Sessions Judge is, howeve..Category: Criminal Law | Date: | Hits: 61
Jamil Huq and 11 others Vs. Bangladesh and others, 1981, 10 CLC (AD)
....as retired from active service under the Reorganisation Act, 1920. Mandamus was allowed by the trial Court, but was reversed by the Court of appeal and this reversal was upheld by the Supreme Court, holding that the action of the President giving effect to the order of the Secretary of War, was in ......ive different interpretations of a provision, and means, therefore, have to be provided for the resolution of such conflict. Written Constitution provides a standard by which the legitimacy of the Government's action is to be judged, and it is the function of the Court, which is endowed with the a..Category: Constitutional Law | Date: | Hits: 327
Al-Sayar Navigation Co. Vs. Delta International Traders Ltd. and ors., 1982, 11 CLC (AD)
....e defendants had when making the contract that delay in delivering the boiler would result in loss of business, indeed, it would seem that there was more than even chance and there was nothing new in holding that the damages should be estimated, on a conjectural basis. This House had approved of tha......1 by the plaintiff. 2. The suit was filed by the plaintiff under section 6 of the Admiralty Court Act, 1861. Facts are simple. There was salt crisis in Bangladesh during the relevant time and the Government allowed import of salt. The plaintiff tried to import salt from India but he was not succe..Category: Admiralty Law or Maritime Law | Date: | Hits: 264
Commissioner of Taxes, Ctg Zone, Ctg Vs. M/s Free School Street Properties, Ltd, 1982, 11 CLC (AD)
....sion under section 27 of the Wealth Tax Act which is as under: "Whether on the facts and in the circumstances of the case the Income Tax Appellate Tribunal was justified in holding that the rental income of the assessee was income derived from business activities and whe......l be added back. (v) Where the closing stock is under valued, the amount representing the trader valuation shall be added back. 4. This is known as bulk valuation. The controversy is whether rule 8(3) or 8(9) will be attracted. Rule 8(3) operates in the field where a sing..Category: Fiscal/Taxation Law | Date: | Hits: 78
Commissioner of Income Tax Vs. Mrs. Masuda Khatun, 1982, 11 CLC (AD)
....; Badrul Haider Chowdhury J.—This appeal by special leave arises out of a judgment passed by the High Court holding that the dividend in the hand of an assessee is exempt from tax under section 15-BB of the......erson'' has been defined in section 2(9) which includes an individual, a Hindu undivided family, a firm, an association of persons or a body of individuals, whether incorporated or not, a company, Government of Province, a local authority and every other artificial juristic person. 6...Category: Fiscal/Taxation Law | Date: | Hits: 75
Nurjahan Begum, wife of Mahmudur Rahman Vs. Mahmudur Rahman Mullick , 1982, 11 CLC (AD)
....ut 600 bighas of paddy lands in his native village at Kamarkhali now within the district of Faridpur. This property is still there with Wazidur Rahman. Kanchan Munshi had three houses at the three holdings at 25, 23A and 23B, Dum Dum Road, Calcutta. There are pucca houses and No. 25 holding was ......properties were duly mutated in the Municipal register and is the Revisional Survey Settlement and her name has been recorded as the owner of the said properties acquired by exchange. She paid the government revenue and municipal taxes regularly. That the plaintiff had no interest in the sai..Category: Property Law | Date: | Hits: 448
Habibur Rahman Vs. The State, 1982, 11 CLC (AD)
....ial Law Regulations by the order of the Special Tribunal it in the Special Tribunal which is competent to try them afresh. 9. Next question is, whether the order of the Special Tribunal for holding fresh trial of these two cases 'by vacating its earlier order allowing withdrawal thereof i......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)
....en proceeded to call a general meeting of the Company bat at that stage Rahimuddin Ahmed filed Title Suit No. 259 of 1973 in the same Court of the Munsif, and obtained temporary injunction against holding of the meeting with Zohura Khatun. In the course of this litigation. Rahimuddin Ahmed for t......ng on water transport business. After the death of his father in October, 1960, Rahimuddin Ahmed and other heirs of his father entered into an agreement for forming a private limited company to take over the business of the partnership firm and in pursuance of that agreement a company, namely, Pa..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)
....g 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 High Court Division summarily dismissed the petition holding that the employees of the DIT had come within the definition of worker under the Employment ......nt: "Both capital and labour are found organised therein for purposes commercial in nature. As such the DIT falls within the definition of both commercial and industrial establishments. Moreover, when the DIT attracts the definition of an industry' as given in section 2(XIII) of the I.R.O...Category: Labour and Industrial Law | Date: | Hits: 108
Mrs. H Mansur & ors Vs. Sec. Min. of Pub. Works & Urban Dev., Pub. Works Div, GoB, 1982, 11 CLC (AD)
....o the writ was maintainable. 6. As to the second reason, Mr. Rafique-ul-Huq learned Counsel has pointed out that the learned Judges of the High Court Division were not well founded in holding that there is no statutory provision for the Government to enter into the land on the termi...... a few words. The original lessee was Syed Abed Mansur who got the lease of the plot on 6.9. I960. He died in 1963 and was succeeded by the appellants as heirs who got their names mutated with the Government some time in April, 1974. In the meantime some small construction, though not..Category: Property Law | Date: | Hits: 53
Assessing Officer, Narayangonj Range and others Vs. Burmah Eastern Ltd., 1981, 10 CLC (AD)
.... to such taking over, Burmah Shell used to file returns and pay Urban Immovable Property Tax. By an assessment order dated 78.6.64, the Agricultural Income Tax Officer, revised the valuation of the holding at God-nail Depot belonging to Burmah Shell, for the year 1961-62 and re-fixed the valuat......s could be applied retrospectively, once the assessment had already been done. 2. The Respondent is a company incorporated in Bangladesh, under the Companies Act, 1913, and in May, 1965 it took over the business and market assets of the Burmah Shell Oil Storage and Distributing Company of Paki..Category: Fiscal/Taxation Law | Date: | Hits: 76
Zahirul Huq Vs. Ejamul Huq and others, 1982, 11 CLC (AD)
....oration of possession to the respondents but opined that the appellant be evicted in due course. 4. The only question before this Division is whether the learned Judges were well founded in law in holding that the Abandoned Property authority on taking vacant possession of the shop, led to th...... 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 directing to hand over vacant possession of the shop named 'Bornika' to the appellant before us was without lawful a..Category: Tenancy Law | Date: | Hits: 93
Sonali Bank Vs. Abdul Mannan and others, 1981, 10 CLC (AD)
.... the delay in filing the writ petition was solely due to the indecision on the part of the authorities of the Sonali Bank. The High Court Division repelled the contention of the appellant Bank by holding that the Circular No. PCM/53-75 dated 29th November 1975, had any bearing in the facts and c......nd the Bank by its letter dated 6.8.77 informed him that the amount will be paid once it is cleared by Head Office. Thereafter, numerous reminders were given and the respondent was informed that the Government had decided not to pay the equivalent of the demonetized notes and hence the amount cannot..Category: Banking Law | Date: | Hits: 129
James Finlay and Co. Ltd. Vs. Chairman, Second Labour Court, Dacca and another, 1981, 10 CLC (AD)
....ercising its Writ jurisdiction in the nature of certiorari had no jurisdiction to interfere with the decision of the Labour Court, because the Labour Court acted within its jurisdiction in holding the finding of the domestic enquiry perverse and that the petitioner was dismissed for his......t in Civil Appeal Nos. 26 and 27 of 1978 is the employer. As the facts involved and the points of law raised in these appeals are common, they were heard analogously and this judgment will govern all the four appeals. 3. The employee who was a senior assistant in the company's..Category: Labour and Industrial Law | Date: | Hits: 91
Alhaj Md. Serajuddowlah Vs. The State, 1991, 20 CLC (AD)
....nt and one Md. Abdul Khaleque Bain upon which cognizance was taken. 4. From the facts as disclosed in the FIR and the charge sheet it appears that the prosecution case, briefly, is that the holding at 68, Motijheel Commercial Area comprising of an one‑storied building and 71/2 katha......oresaid Abdul Khaleque Bain (co-accused), had left for Pakistan immediately after the independence of Bangladesh. The said Abdul Khaleque Bain obtained settlement of the disputed property from the Government in 1958, the lease deed was registered in 1959 and he constructed a building on the land ..Category: Criminal Law | Date: | Hits: 51
Mst. Qaiser Khatoon and 12 others Vs. Mvi. Abdul Khaliq and others, 1973, 2 CLC (AD)
....al leave to appeal; and they have come very clearly to the conclusion that it is not." 13. Again, in the case of Radha Krishna Das Vs. Rai Krishna Chand, 28 I. A. 182, the Privy Council, after holding that the leave to appeal granted by the High Court without any certificate under section 596......9, 1971. The Evidence Act, 1872 (I of 1872), section 103 The Punjub Laws Act, 1872, section 5 The onus is on the defendant to prove that the family of Moulvi Abdul Aziz was governed by custom and that according to that custom he alone was the sole heir of Moulvi Aziz to the..Category: Civil Law | Date: | Hits: 117
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