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Nasiruddin Vs. Government of the People's Republic of Bangladesh & ors, 1980, 9 CLC (AD)
....1977 was promulgated. The appellant filed writ petition No. 296 of 1978 challenging a notice being Memo No. AP-18-Sakha(a)/77/205 dated 21-3-78 issued by Abandoned Property authority asking him to hand over possession of the property in default he will be liable to be evicted. The writ petition a......upreme Court Appellate Division (Civil) Present: Kemaluddin Hossain, CJ Ruhul Islam, J Badrul Haider Chowdhury, J Shahabuddin Ahmed, J Nasiruddin …....Appellant Vs. Government of the People's Republic of Bangladesh & ors………….Respondent. Judgement April...... Martial Law Regulation may be recounted to ascertain its true import. It says, amongst other things, that where before the commencement of the Regulation any property or the possession, control, management, administration or other rights of, or in respect of any property has been or purported t..Category: Constitutional Law | Date: | Hits: 157
Abdur Rashid Vs. Secretary, Ministry of Cabinet Affairs, Establishment Div & ors, 1980, 9 CLC (AD)
....t be made a ground for declaring the order illegal. The Screening Board found the appellant guilty of the charges, namely, malpractice and corruption. The appellant failed to explain his authority to hand over the 25 electric switches out of 40 new switches of 60 A.M.P.S., taken from the C T.S. St......………..Appellant. Vs. Secretary, Ministry of Cabinet Affairs, Establishment Division & ors...........Respondents Judgment Jan 7, 1980. Awarding Higher Punishment to Delinquent Government Servant than prescribed in the inquiry proceeding. It is for the appointing authority t......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
Commissioner of Income Tax, (Now Com. of Taxes), Ctg. Vs. Saifuddin A Siddiqui, 1980, 9 CLC (AD)
.... wakf deed the property has been held wholly for religious or charitable purposes, and l/3rd of the income of the property has been set apart as the Mutawalli’s remuneration which is taxable in his hand, while the remaining 2/3rd of the income has been set apart wholly for religious or charitable ......f the Income Tax Act in this case. In the result, both the appeals are dismissed on contest without, however, any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 190 ......f the Income Tax Act in this case. In the result, both the appeals are dismissed on contest without, however, any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 190 ..Category: Fiscal/Taxation Law | Date: | Hits: 85
Gopinath Ghose Vs. State, 1980, 9 CLC (AD)
....ct has been decided in the previous trial and it has been found that the gold was not recovered from possession of the appellant. Mr. A.W. Bhuiyan, learned Assistant Attorney General, on the other hand, contends that the offence under Act 1 of 1956 is quite distinct and separate from the offen......turn of the gold after acquittal does not, in the circumstances, amount to his admission 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 prosecution on this issue is ba......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)
....Supreme Court Appellate Division (Civil) Present: Kemaluddin Hossain CJ Fazle Munim J KM Subhan J Abdus Sattar & others................Appellants. Vs. Suresh Chandra Das & others………….Respondents Judgment May 2, 1978. Result: The appeal...... to month, does not cease to exist and the heirs and legal representatives of the original tenant do not become trespassers but having continued in possession as heirs, they become tenants by holding over, cannot be sustained. The view taken in the Calcutta decision was that there was no reason wh...... 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
Manager, Kushtia Sugar Mills Vs. Chairman, Khulna Labour Court and another, 1980, 9 CLC (AD)
....plication under that section is not maintainable. For the reasons stated above the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 162 ......ticularly having regard to the proviso to clause (b) section 25(1), it appears that when the said section provides that any individual ‘worker' who has a grievance in respect of any matter covered under this Act, the legislature used the word 'worker' in an extended sense including a wor......Court Division passed in Writ Petition No. 354 of 1976 on July 12, 1976. 2. Respondent No. 2 was a Security Guard in the company of which the petitioner is the Manager, now under the control and management of the Sugar and Food Industries Corporation. The Company is a nationalized enterprise. R..Category: Employment/Service Law | Date: | Hits: 68
Director of Taxation & Excise, Govt of East Pak. (now BD) Vs. Mehdi Ali Khan Panni, 1980, 9 CLC (AD)
....r provision in the Income-tax Act, 1922 and the decision of different superior Courts wherein the said provision of law has been construed on a similar question whether the Mutwalli having in his hands income belonging to a private trust was assessable in respect of it. 28. The course suggest......Reported in: 32 DLR (AD) (1980) 138 ......han 75% of the net available income is for the time being payable to the wakf for himself or any member of his family or descendant? To consolidate and amend the laws relating to administration and management of wakf properties in East Pakistan, Waqfs Ordinance, 1962 (East Pakistan Ordinance No. 1..Category: Trust/Waqf Law | Date: | Hits: 239
Bangladesh Chemical Industries Corporation and anr Vs. Sk. Abdur Rashid , 1980, 9 CLC (AD)
....ustries Ltd Looked at from any stand-point the case of the appellants does not stand and therefore this appeal is dismissed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 133 ......trator was terminated also terminated his services as the Chief Accountant. That part of the case is concluded by the earlier writ petition and the Corporation cannot be allowed to raise the question over again. 4. So far as the present case goes, we think that the conclusion of the High Court Di......ation) Order (President's Order No. 27 of 1972) and the Respondent was an employee of the Karim Rubber Industries Lid. The said undertaking was declared an abandoned property and was placed under the management and control of the Corporation. The respondent was an Accountant of the Karim Rubber In..Category: Employment/Service Law | Date: | Hits: 70
State, People's Republic of Bangladesh and others Vs. Haji Joynal Abedin, 1980, 9 CLC (AD)
....nt. Serajul Huq, Advocate, instructed by B.C. Panday, Advocate-on-Record—For the Respondent. Syed Ishtiaq Ahmed, Senior Advocate, Abdus Sobhan, Senior Advocate, Fakir Shahabuddin Ahmed, M.H. Khandkar, Senior Advocates—Amicus Curiae. Criminal Appeal No. 31 of 1978. (Arising out of C......dents Judgment December 20, 1978. Result: The appeal is allowed. Proclamation of 15th August, 1975 provided that Proclamations, Martial Law Regulations and Orders shall have precedence over the Constitution. Constitution cannot be said to be still in force as the Supreme law o......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
A. Z. Rafique Ahmed Vs. BD Council of Scientific and Industrial Research & ors, 1980, 9 CLC (AD)
....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 ......g the writ petition on the ground that it was not maintainable,. Second question for our consideration is if it is found that the Council was a 'local Authority' and the Council having applied the Government Servants Discipline and Appeal Rules, 1976 to the proceedings drawn up against the appella......972 'local authority’ means: A Poura Shabha, Zilla Board, Union Panchayet, Board of Trustees of a port or other authorities, legally entitled to or entrusted by the Government with the control or management of a Municipal or local fund or any corporation or other body or authority constituted ..Category: Employment/Service Law | Date: | Hits: 130
Ayesha Salahuddin Vs. Chairman, Second Labour Court and anr, 1980, 9 CLC (AD)
....ibunal is upheld, but the order of the High Court converting the order of dismissal to an order of termination simpliciter is set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 68 ......ibunal is upheld, but the order of the High Court converting the order of dismissal to an order of termination simpliciter is set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 68 ......ibunal is upheld, but the order of the High Court converting the order of dismissal to an order of termination simpliciter is set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 68 ..Category: Labour and Industrial Law | Date: | Hits: 106
M. A. Hai Vs. Trading Corporation of Bangladesh, Dacca, 1977, 6 CLC (AD)
....978 dismissing the appellant 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. ......of synthetic fabrics of the value of Tk. 8,896/- from the godown at Siddique Bazar, Dacca. The appellant was charge-sheeted for misconduct and corruption under sub-rules (b) and (c) of Rule 3 of the Government Servants (Discipline and Appeals) Rules, 1976. He showed cause to the charges and in rep......moved from service by the Corporation and he was asked to show cause why the provisional decision of his removal from service should not be confirmed. The appellant submitted his reply duly but the management confirmed title provisionally decision which was communicated to him under the memorand..Category: Employment/Service Law | Date: | Hits: 72
Syed Masud Ali and others Vs. Md. Asmatullah & others, 1980, 9 CLC (AD)
....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 ......the plaint require reproduction. All that need be stated is that in the Court of Munsif, the plaintiff has divided the suit properties under two schedules and has claimed ownership and possession over both of them. With regard to the first he has sought a declaration of his title but with regard......strict Judge and a revision therefrom to the High Court which has been final. Under section 34, the Administrator may take over waqf property by a notification and assume administration, control, management and maintenance of the waqf property. A notification made under section 34 is challenge..Category: Trust/Waqf Law | Date: | Hits: 196
Yusuf Vs. Mofzal Ahmed Sowdagar, 1993, 22 CLC (AD)
....aharaj Mohesur Singh Vs. The Bengal Government, 7 MIA 283; Shoonath Vs. Remnath, 10 MIA 413; Pichu Ayyangar Vs. Perarulala Ramanuja Joer Seamigal, ILR 1940 Mad 901. Lawyers Involved: Khandker Mahbubuddin Ahmed, Advocate, instructed by SM 11uq, Advocate-on-Record–For the Appell...... 16th, 1979 Cases Referred to- Md. Shamstil Huda Vs. Md. Mozammel Huq, 26 DLR 519; Abdul Aziz Vs. Raj Chhabra, AIR 1968 All (Lucknow Bench) 119; Maharaj Mohesur Singh Vs. The Bengal Government, 7 MIA 283; Shoonath Vs. Remnath, 10 MIA 413; Pichu Ayyangar Vs. Perarulala Ramanuja Joe......decisions of the High Court Division and the first Appellate Court are set aside and that of the trial Court is restored. Ed. This case is also reported in: 45 DLR (AD) (1993) 178 ..Category: Others | Date: | Hits: 119
Jogendra Kumar Dutta Vs. Nur Mohammad and others, 1993, 22 CLC (AD)
.... the learned Counsel, Mr. Syed Ishtiaq Ahmed. 13. The appeal, therefore, is allowed without any order as to costs, Ed. This case is also reported in: 45 DLR (AD) (1993) 173 ......d the receiver was to submit accounts regularly. The appellant filed an application before the Subordinate Judge for appointment of a receiver which was allowed and receiver was appointed, who took over charge and also possession of the suit property from the receiver appointed by the criminal C......was also prayed for. The Judicial Committee held that the plaintiff who is the trustee and administrator of certain institution of which neither he nor defendant is in possession or control of the management could maintain the suit for mere declaration under section 42. Mr. Syed Ishtiaq Ahmed ha..Category: Civil Law | Date: | Hits: 112
Haji Nurul Alam @ Haji N A Sawdagar Vs. Al-Haj Abdus S Sawdagar Wakf Estate & anr, 1993, 22 CLC (AD)
....s passed an order of status quo and temporary injunction without accepting the plaintiffs basic case. 11. Mr. Asrarul Hossain, learned Counsel for the plaintiff‑respondent, submits, on the other hand, that there is no concurrent finding of fact by the two courts below as to the vacant space com......vision No. 1984 of 1991 dated 11. 11.91, a learned Single Judge of the High Court Division made the Rule absolute, passed an order of status quo restraining the appellant from making any construction over the land in dispute. 2. Respondent No. 1 instituted the aforesaid suit on 11.10.89 for decla......he 1st Court of Assistant Judge, Chittagong, is directed to be dispoed of as early as possible, not later than the 30h November, 1992. Ed. This Case is also reported in: 45 DLR (AD) (1993) 168. ..Category: Property Law | Date: | Hits: 66
Abu Yousuf Vs. Bangladesh and others, 1993, 22 CLC (AD)
....n when in its Company Court the liquidation proceeding itself is pending for disposal. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 162 ......dgment: MH Rahman J.- In his Writ Petition No. 903 of 1992 the petitioner unsuccessfully challenged the Government's decision dated August 26th, 1991 to liquidate Bangladesh Consumers Supplies Co Ltd (res......that respondent No. 5 could only be brought to an end by an amendment of the Ordinance by deleting its name from the schedule, The Ordinance was promulgated to provide for the coordination of management of the affairs and business of certain public corporations for a limited purpose. ..Category: Business or Commercial Law | Date: | Hits: 104
Nowabul Alam and others Vs. State, 1993, 22 CLC (AD)
....u by ramdao. Acquitted accused Latifur gave a gupti blow in his belly and Tunu died. Appellant Khalilur Rahman gave a ramdao blow on the head of deceased Ekhlasuddin which he resisted by his right hand resulting in the severance of his thumbs. Appellant Kawsar Munshi gave a ramdao blow on the he......aik (not examined) informed him at the Police Station that Ekhlasuddin and his son were killed by some miscreants at Baraipara Kheyaghat. He informed the Superintendent of Police of Narail District over wireless, made a General Diary Entry at 7‑20 AM noting the informants' names and substan......ants are acquitted. Let the appellants be set at liberty forthwith not wanted in connection with any other case. Ed. This case is also reported in: 45 DLR (AD) (1993) 140 ..Category: Criminal Law | Date: | Hits: 60
Haji Sk Md. L Rahman Vs. Chair, Court of Settlement, BD Abandoned Building & anr, 1993, 22 CLC (AD)
.... was only argued by the Government that the kabala was not genuine and the court on mere comparison by its naked eyes held that the kabala is not genuine without there being any examination by the hand‑writing expert or thumb impression expert to ascertain the genuineness of the thumb impr......65 by an agreement of lease. The lessee Md. Hussain on 21.8.70 transferred the house to Md. Khalil Miah for a consideration of Taka 6,000.00 and mutated his name with the Relief Department of the Government. Thereafter on 22.3.1979 Md. Khalil Miah transferred the property to Shahida Begum for ...... case after giving adequate opportunities to the parties to prove the genuineness or otherwise of the kabala in question. Ed. This case is also reported in: 45 DLR (AD) (1993) 136 ..Category: Property Law | Date: | Hits: 63
State Vs. Abdul Muttaleb Khan alias Abdul Mataleb Khan, 1993, 22 CLC (AD)
.... of Tk. 214.40 was realized from him by the respondent. P.W. 15, Motahar Ali Talukder, an Assistant Tahsilder of the same Tahsil Office, proved several rent receipts including Ext. 12 to be in the handwriting of the respondent. He also proved the respondent's initial thereon. The learned Deputy ......n, Barisal Bench in Criminal Appeal No. 72 of 1978). Judgment: ATM Afzal J.- This appeal by the Government following leave is from an order of acquittal dated 12 January, 1986 passed by a Sin......e respondent. The sentence of fine is also reduced to Tk. 250.00 in default the respondent will undergo RI for one month. Ed This case is also reported in: 45 DLR (AD) (1993) 131 ..Category: Criminal Law | Date: | Hits: 41
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