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Rajan Miah Vs. Abdur Rashid and anoÂther, 1982, 11 CLC (AD)
....o sons Syed Abdulla and Syed Abdul Hakim in equal shares. Syed Abdul Hakim gifted his 8 annas interest to his wife Bibhan Bibi. Abdulla died childless and his interest was inherited by his nephew Chand Mia. Defendant No. 1 took settlement of the suit land from Syed Akbar Mia, son of Chand Mia 40......ected against the judgment and order of the High Court Division in Second Appeal No. 467 of 1972. 2. Plaintiff is the appellant. He filed a suit for declaration of his title and for recovery of khas possession. The suit was decreed by the trial Court but on appeal the lower appellate...... of the trial court judgment by the appellate Court below was justified and the plaintiff is not entitled to any relief. In the result, therefore, this appeal is dismissed with cost. Ed. ..Category: Property Law | Date: | Hits: 47
Abu Bakkar Vs. Nazir Ahmed, 1982, 11 CLC (AD)
....purchased by the executant. The learned Subordinate Judge further found that all the dues under the mortÂgage deed were extinguished by the produce of the land. The High Court Division, on the other hand, simply found that the considerÂation of the Kabala Exhibit 'A" was Rs. 800/- whereas the plai......sion are set aside and those of the lower appellate court are restored. The respondent shall pay costs of the appeal to the appellant. Ed. This Case is also Reported in: 34 DLR (AD)(1982) 237. ......sion are set aside and those of the lower appellate court are restored. The respondent shall pay costs of the appeal to the appellant. Ed. This Case is also Reported in: 34 DLR (AD)(1982) 237. ..Category: Property Law | Date: | Hits: 58
Khondker Moshtaque Ahmed Vs. Bangladesh, 1982, 11 CLC (AD)
....PLD 1973 (SC) 49; Federation of Pakistan Vs. Saeed Ahmed PLD (SC) 151; Jamil Huq Vs. Bangladesh (1982) 34 DLR(AD) 125; A Rouf Vs. Abdul Hamid Khan (1965 17 DLR (SC) 515. Lawyers Involved: MH Khandker and Khandker Mahbub uddin Ahmed, Senior Advocates with Nizamuddin Haider, Advocate, instruct......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......w Court and the order of Government on review are set aside, The orders of convicÂtion passed on the appellant ate hereby quashed. Ed. This Case is also Reported in: 34 DLR (AD) (1982) 222. ..Category: Criminal Law | Date: | Hits: 287
Lebu Mia Vs. Ganesh Chandra Nath and others, 1982, 11 CLC (AD)
....l) Present: Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Lebu Mia..................................Appellate Vs. Ganesh Chandra Nath and others...................Respondent Judgment March 17, 1982. Result: Th......e pre-maturity can be cared if, at the time of the trial, the Kabala was registered, otherwise the prematuÂrity would remain. But in this particular case, became of the facts aforesaid, it is to be governed by its own facts, in that, the question of pre-maturity was raised at the appellate stage, b......al below and remit the case back to the said Court of appeal below for its disposal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) 220...Category: Property Law | Date: | Hits: 65
Abdul Hamid Vs. Abdul Jabbar , 1982, 11 CLC (AD)
.... C.W.N. 408; Ramanath Karmakar vs. Sheikh Ahsanulla 34 C.W.N. 746 and Naren vs. Benode 54 C.W.N. 896. Mr. Shaukat Ali Khan, learned Counsel appearing for the respondent has contended, on the other hand, that in the absence of any specific provision for restitution on reversal of an 'order' as di......n the ordinary course. If the order does not so provide, another order may be made, or a writ called a writ of restitution be issued commanding the judgment-creditor to restore the property or pay over the proceeds of sale." The Judicial Committee of the Privy Council while examining the qu......o this modification the appeal is allowed, the order of the High Court Division is set aside and that of the Subordinate Judge is restored. There will be no order as to costs. Ed. ..Category: Civil Law | Date: | Hits: 82
General Manager Jamuna Oil ComÂpany Ltd. Vs. Golap Rahman & another, 1982, 11 CLC (AD)
....he sittings of the Court will itself be meaningless. This, however, does not lead to the conclusion that a Labour Court may proceed to function without any member being present at all. On the other hand, even if a member is absent or ceases to be a member or Incapable of sitting as a member, it ...... not vitiate the decision of the Labour Court. The Petitioner company moved this Court and obtained leave to consider three points, namely,— "1. The respondent is not covered by the definition of worker under the Employment of Labour (Standing Orders) Act, 1965 as a......il Tanker belonging to the petitioner company was subsequently upgraded as Chief Driver of the Tanker and since then he had been enjoying the pay scale, facilities and privileges of a member of the management staff in Group III. According to Marine Rules the service of the Respondent No. 1 who a..Category: Labour and Industrial Law | Date: | Hits: 97
Md. Enayet Ali Vs. Munsif of First Court at Khulna & Election Tribunal and others, 1982, 11 CLC (AD)
.... the respective Assistant Presiding Officers of these two centres. In cross- examination by the appellant, he stated that he could not say what was declared at the spot but while B N. Goswami handed over the result at 11-30 A.M. to his office on 14-8-77 then none opposed the result. The Pre......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...... Court By the majority decision, the appeal is allowed. The orders of the Courts below are set aside and the election petition is dismissed. There will be no order as to cost. Ed. ..Category: Election Law | Date: | Hits: 121
Jamil Huq and 11 others Vs. Bangladesh and others, 1981, 10 CLC (AD)
....or War 1949(1) All ER 242; R. vs. O/C Depot Battalion 1949, All ER 373; Burns vs. Wilson, 97 Lawyers Edition, 1508; Kartar Singh vs. Imperator, AIR 1946 Lah. (FB) 1C3. Lawyers Involved: M.H, Khandker, Senior Advocate, with Shafiqur Rahman, Senior Advocate, instructed by Md. Aftab Hossain, Ad......ive different interpretations of a provision, and means, therefore, have to be provided for the resolution of such conflict. Written ConsÂtitution 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......lication under Article 104 of the Constitution is rejected. The verbal prayer for stay of the execution of the sentences made by Mr. MH Khandker is refused. Ed. This Case is also Reported in: ..Category: Constitutional Law | Date: | Hits: 327
Md. Deser Ali Vs. Bangladesh and ors., 1982, 11 CLC (AD)
....emo 2248 dated 17-4-691 am to take formal possession of all buildings, structures and shops, etc, within the area of the hat and bazar and also to fix up the rent. You are, requested to hand over the formal possession to the Tdr. concerned by 25-7-69 failing which legal action ......248 dated 17-4-691 am to take formal possession of all buildings, structures and shops, etc, within the area of the hat and bazar and also to fix up the rent. You are, requested to hand over the formal possession to the Tdr. concerned by 25-7-69 failing which legal action will ......ated on the ground floor of one of the buildings, the said property being outside the hat and bazar has been made without any lawful authority and as of no legal effect. Ed. ..Category: Property Law | Date: | Hits: 61
Commissioner of Taxes, Ctg Zone, Ctg Vs. M/s Free School Street Properties, Ltd, 1982, 11 CLC (AD)
.... the activities of the assessee was business or trading. Therefore, rule 8 (9) is applicable. In the result, therefore, this appeal is dismissed without any order as to cost. Ed. ......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......ties were business activities and the income arising therefrom was assessable under section 10. In that case it was noticed that the Company had no other business excepting the letting out and the management of the property. 8. In the case of S.G. Mercantile Corporation Ltd. Vs Commi..Category: Fiscal/Taxation Law | Date: | Hits: 78
Commissioner of Income Tax, Dacca Vs. Adamjee Sons Ltd., 1982, 11 CLC (AD)
....tion to this procedure contending that having taken recourse under section 7(2)(a) he could only make the bulk valuation under sub-rule 9 of rule 8 The contention of the Revenue, on the other hand, is based on the expression "making such adjustments therein as the circumstances of......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. ......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
Commissioner of Income Tax Vs. Mrs. Masuda Khatun, 1982, 11 CLC (AD)
....bsp; 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 Income Tax Act on giving an affir......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.......e the exemption illusory. Accordingly, the answer to the question framed must be in the affirmative. The appeals are, therefore, dismissed without any order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 75
Nurjahan Begum, wife of Mahmudur Rahman Vs. Mahmudur Rahman Mullick , 1982, 11 CLC (AD)
....e is that while possessing and enjoying the said properties acquired by him with his own fund, he exchanged the aforesaid Dum Dum Road properties with schedule B properties in Dacca of Maran Chand Sen Zohari; and that he exchanged the premises No. 207A, Park Street, Calcutta for half share ......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......ived from his wife and that his bank account was utilised for making the payment. With reference to the statement of the plaintiff's bank accounts it was also put to the plaintiff that in course of management of defendant's property her money used to come to his hand by way of collection and tha..Category: Property Law | Date: | Hits: 448
Bengal Water Ways Ltd. and other Vs. Rahimuddin Ahmed and others, 1982, 11 CLC (AD)
....private limited Company more or less as a partnership. With these words I concur with the judgment delivered by my learned brother Masud, J. and dismiss the appeal with costs. Ed. ......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......ted appellant No. 2 Zahiruddin Ahmed, to call the defaulted annual general meeting, submit profit and loss accounts of the Company, and allow respondent No.1 to participate in Company’s management, but these directions were not at all carried out, rather more complications were create..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)
....sposal by way of sale, etc. Hence the petitioner who is an employee of the D. I. T. cannot be termed as a worker of either any "commercial establishment" or "indusÂtrial establishment." On the other hand, the scheme of Town Improvement Apt shows that for the purpose of carrying out the provisions o......nt: "Both capital and labour are found organised therein for purposes commerÂcial in nature. As such the DIT falls within the definition of both commerÂcial and industrial establishments. MoreÂover, when the DIT attracts the definition of an industry' as given in section 2(XIII) of the I.R.O.......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. ..Category: Labour and Industrial Law | Date: | Hits: 108
GM, Bangladesh Tea InÂdustry Management Committee Vs. F.H. Chowdhury & anr, 1982 , 11 CLC (AD)
....t the relationship between the parties was that of Master and Servant may not be unqualified. In the result, therefore, this appeal is dismissed without any order as to costs. Ed. ......t the service of the respondent could not be transferred to the new owner after disinvestment is correct. 3. Halda Valley Tea Estate became an abandoned property and had vested in the Government under P.O. 16 of 1972. The Bangladesh Tea Board was constituted under Ordinance No. ......on of the transfer order from the B.T.I.M.C. He was told that his service along with the service of all other officers, staff and workers in the Halda Valley Tea Estate stood transferred to the new management to whom the garden was sold, i e , M/s. United Planters and Traders Limited. He took the..Category: Employment/Service Law | Date: | Hits: 92
Zahirul Huq Vs. Ejamul Huq and others, 1982, 11 CLC (AD)
....¦...................Respondents Judgment June 30, 1981. Lawyers Involved: Abdul Malek, Senior Advocate, instructed by Syed Sakhawat AH. Advocate-on-Record. - For the Appellant. N. H. Khandker, Advocate-on-Record.—For the Respondents 1 & .2. Civil Appeal No. 9 of 1981. (F...... 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 withÂout lawful a......rom the due process of law. With this observation this appeal is allowÂed without any order as to costs, the order of the High Court Division is set aside and the writ petition dismissed. Ed. ..Category: Tenancy Law | Date: | Hits: 93
James Finlay and Co. Ltd. Vs. Chairman, Second Labour Court, Dacca and another, 1981, 10 CLC (AD)
.... In I.R.O. Case No. 219 of 1973 the Labour Court arrived at the following findings: "In fact, the charge of misconduct was not proved at all. On the other hand, it is found from enquiry proceeding that as the Assistant Manager got the attendance re......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......n of the service the appellants continued to deal with the said Abul Bashar who was General Secretary of the Employees Union, and, ultimately, a Memorandum of Settlement was concluded between management and the representatives of the Employees' Union, but in the meantime the Employees' Uni..Category: Labour and Industrial Law | Date: | Hits: 91
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. ......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 ......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. ..Category: Criminal Law | Date: | Hits: 51
ABM Quabil Ahmed Vs. Bangladesh, 1991, 20 CLC (AD)
....judgments which could hardly be completed within 18th and 19th July, 1990 before my departure for Chittagong. My learned brother Kazi Ebadul Hoque, J in quite a few cases over night prepared by hand and brought written judgments for delivery after I had gone through the same. As 19th July, 1...... Latifur Rahman J ABM Quabil Ahmed .........................................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Health and Family Planning, Government of Bangladesh, Bangladesh Secretariat Building, Dhaka and another...................Respon......nce of the petitioner that impelled him to file this petition. We find no substance in this petition and it is, accordingly, dismissed. Stay granted by this Court earlier is vacated. Ed. ..Category: Procedural Law | Date: | Hits: 128
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