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Bangladesh Vs. Md. Alauddin alias Alauddin Sarker others, 1986, 15 CLC (AD)
....rder of the High Court DiviÂsion is set aside and that of the Subordinate Judge and the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 81. ......Mortgage Bank, which is a Co-operative Society, is a government servant. The leaded Additional Attorney General has referred to the order of appoiÂntment of the respondent, Ext. 1 vis-Ã -vis various provisions of the Co-operative SocieÂties Act, 1940 and the Rules made there under, along with diff..Category: Employment/Service Law | Date: | Hits: 124
Bangladesh Shilpa Bank Vs. Bangladesh Hotels Ltd., 1986, 15 CLC (AD)
....same, the learnÂed Judges of the High Court Division committed an error of law in not holding that section 10. C.P.C. is applicable to, the facts in the present case as the terms of section 10 being mandatory, no discretion had been left in the matter. 8. Mr. Rafique-ul-Huq, Counsel for the app......ing aggrieved the appellant Bank moved this Court and obtained special leave to appeal to consider that since the Shilpa Bank Order, 1972 is a special law and the Miscellaneous Case started under its provisions was decreed on compromise the purpose of special law will be frustrated and also there wi..Category: Banking Law | Date: | Hits: 121
The Commissioner of Taxes, East Zone, Dhaka Vs. M/s. Mallick Brothers, 1986, 15 CLC (AD)
....ore, these appeals are allowed and the judgment and order of the High Court Division are set aside. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 66. ......ssessment. Section 18A (8) reads as under: "Where, no making the regular assessÂment, the Deputy Commissioner of Taxes finds that payment of tax was not been made in accordance with the foregoing provisions of this section, adÂditional tax calculated in the manner laid down is sub-section (6) s..Category: Fiscal/Taxation Law | Date: | Hits: 95
Md. Muslim Khan Vs. The State, 1986, 15 CLC (AD)
....er (Revenue), but cognizance was not taken thereupon by the Special Judge who forwarded it to the police for investigation and took cognizance on the charge sheet submitted by the police; as such the mandatory provision of section 195 (1) (c) has been clearly violated and the trial thus held is void......aken except on a complaint from the Court. ………………………(5) The offence committed by the accused appellants is not an offence within the meaning of clause (c) of section 195 (1). The provisions of complaint of Court is not applicable to the trial of the appellants. Thus, the cogniza..Category: Criminal Law | Date: | Hits: 69
Delwar Ali Khan & another Vs. Sajedul Haque, 1986, 15 CLC (AD)
....the trial. Subject to these observations, the order of the High Court Division is upheld. The apÂpeal is accordingly disposed of. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 52. ......ration & Registration) Act, 1973 (23 of 1973). An offence created under any law other than the Penal Code has to be investigated, inquired into, tried and otherwise dealt with according to the provisions of the Code of Criminal Procedure. Under the Act there being no special provisions for in..Category: Criminal Law | Date: | Hits: 59
Md. Jashimuddin Vs. The State, 1985, 14 CLC (AD)
....wed, judgment of the High Court Division is set aside and the case is remanded back to the High Court Division for rehearing on merit. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 35. ......ce, or with or without altering the finding, reduce the sentence, or (3) with or without such reduction and with or without altering the finding, alter the nature of the sentence, but, subject to the provisions of section 106, sub-section (3), not so as to enhance the same;" The Privy Council (A..Category: Criminal Law | Date: | Hits: 62
Ellal Textile Mills Ltd. & others Vs. Md. Abdul Awal & others, 1984, 13 CLC (AD)
.... that two separate petitions, if so advised, be filed and heard analogously by the same court. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 26. ......ee the case of Mulkraj Vs. Q.L.P. People's Bank of N. India, A.I.R. 1938 Lahore, 658, wherein it was held that the Court under the Act being a Court of Civil JurisÂdiction is governed by the general provisions of the Code of Civil Procedure as made appliÂcable by section 141 of the Code and should..Category: Company Law | Date: | Hits: 195
Mamudul Haque Chowdhury Vs. The District Judge, Chittagong & others, 1985, 14 CLC (AD)
....he election-petition and further that in the said ex parte decision there was no finding by the Tribunal that the election was materially affected by non-compliance with any rules or violation of any mandatory provisions of law. 20. The Appellate Election Tribunal heard the appeal in presence of ......ion Parishad)) (Amendment) Ordinance, 1984 (XLIV of 1984) such appeal may be preferred within thirty days of such commencement.'' 7. On 14th July 1984 respondent No.3 in pursuance of the aforesaid provisions of the amended Ordinance preferred an appeal before the District Judge, Chittagong who co..Category: Election Law | Date: | Hits: 152
Mst. Esarunnessa Bibi Vs. Md. Amir Hossain, 1985, 14 CLC (AD)
..... Judgment and order of the High Court Division are set aside and those of the Appellate Court below are restored. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 1. ......Rule 13 provides for the power to recover arrears of taxes, etc., by distress and sale of move-able property. Section 63 (3) Local GovernÂment Ordinance, 1976 reads as under: "Notwithstanding the provisions of sub-section (2), the Government may empower any local parishad to recover arrears of t..Category: Property Law | Date: | Hits: 59
Commissioner of InÂcome tax and another Vs. Zeenat Textile Mills Ltd., 1975, 4 CLC (AD)
....s rightly declared by the High Court of East Pakistan to have been made without lawful authority and being of no legal effect. The appeals are dismissed, but with out any order as to costs. Ed. ......tion of its language and content, section 45A is set down below:— "45A. Where any assessee fails to pay the tax clue from him he shall, without prejudice to his liability under any other provisions of the law, be liable to pay an additional amount of tax equal to six per cent per annu..Category: Fiscal/Taxation Law | Date: | Hits: 77
Governor, Bangladesh Bank & others Vs. Shamsul Huda Khan and another, 1975, 4 CLC (AD)
....rightly declared by the High Court Division to be without jurisdiction and of no legal effect. The appeals are dismissed, but without any order as to cost. Ed. This Case is also Reported in: ......h Bank was established and from the 16th day of December, 1971 the State Bank of Pakistan was deemed to be the Bangladesh Bank, which was to be governed, as far as practicable, in accordance with the provisions of the State Bank of Pakistan Act, 1956. On 9th September, 1972 BanglaÂdesh Bank issued ..Category: Employment/Service Law | Date: | Hits: 87
Badal Rani Misra alias Badal Rani Goswami and others Vs. Bangladesh and others, 1975, 4 CLC (AD)
....d. The case of Gordon, Dadds & co. supports the contention of the learned Attorney-General. There is accordingly no merit in this appeal which is dismissed but without any order as to cost. Ed. ......vernment under Section 49 or that the GoÂvernment sanctioned it under Section 50 of the Town Improvement Act. There is no dispute that the plots in question were requisitioned in accordance with the provisions of the RequiÂsition of Property Act after obtaining the approÂval of the Government on ..Category: Property Law | Date: | Hits: 48
Osman Gani Mondal Vs. Mainuddin Ahmed and others, 1974, 3 CLC (AD)
....paragraph 7 of the Fourth Schedule of the Constitution was a remedial enactment, and as such it should be given a liberal construction. He maintained that the second proviso of this paragraph was not mandatory but directory, and that it simply provided a period of limitation from which the time requ......in terms of section 12 of the Limitation Act, since Rule 4 of Order 1 of the Supreme Court (Appellate Division) Rules provides that the period of limitation shall be computed in accorÂdance with the provisions of the Limitation Act. 9. Thus the above contentions revolve round the question whethe..Category: Constitutional Law | Date: | Hits: 148
Bangladesh Enemy Property ManageÂment Board and ors. Vs. Md. Abdul Majid, 1975, 4 CLC (AD)
....view of what have been stated above, the appeal is allowed and the judgment and order passed by the learned Judges of the High Court Division are set aside. There will be no order as to costs. Ed. ......The notification was issued in exercise of the powers conferred by sub-rule (1) of the rule 122 of the Defence of Pakistan Rules revailidated and continued by the Enemy Property (continuance of enemy provisions) Ordinance of 1969 (Ordinance No. 1 of 1969). The facts which are relevant for the purpos..Category: Property Law | Date: | Hits: 125
Government of Bangladesh Vs. Ahmed Nazir, 1975, 4 CLC (AD)
....e the Proclamation of Emergency issued on the 28th December, 1974 and the Constitution (Fourth Amendment) Act, 1975 dated the 25th January, 1975 effected changes in the said Constitution. Ed. ......shy;opted the said view in the following terms:— "We need hardly say that what was true of section 491 is also true with regard to a writ of habeas corpus issued under the provisions of Article 226 of the Constitution of India." 27. The question whether..Category: Criminal Law | Date: | Hits: 85
Adam Ali Sardar and others Vs. The State and another, 1975, 4 CLC (AD)
.... A. B. Mahmud Husain, J.—I agree. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 37. ......11.67 under which Mr. M. M. Hafez attached the land in question under section 146 of the Code of Criminal Procedure and appointed receiver thereof is to be tested in the light of the relevant provisions of the Code of Criminal Procedure (hereinafter referred to as The Code) Section 146 is a..Category: Criminal Law | Date: | Hits: 49
Jamdhar Khan Vs. The State, 1975, 4 CLC (AD)
....of a sum of Rs. 915/- by the petitioner. There is no merit in this petition and the Leave prayed for is refused. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 35. ......blic servant constitutes an offence of criminal misconduct under clause (c) of sub-section (1) thereof. It may also be mentioned that sub-section (4) of section 5 lays down that "the provisions of this section shall be in addition to, and not in derogation of, any other law for th..Category: Criminal Law | Date: | Hits: 44
Solicitor, Government of Bangladesh Vs. Syed Sanwar Ali and others, 1974, 33 CLC (AD)
....t of Bangladesh in the case of Haji Md. Akil and by this Division in the case of Jobed Ali. He has further contended that the provisions of Articles 10 and 14 of P. O. 50 and P. O. 8 respectively are mandatory in chaÂracter and that since the power of granting bail conferred under section 426 of th......uled Offence (Special Tribunals) Order, 1972 (hereinafter referred to as ("P.O. 50''). For a proper appreciation of question involved in these appeals, it is necessary to refer, at the outset, to the provisions of Article 10 of P.O. 50 and Article 14 of P.O. 8 which, exfacie, forbid the grant of bai..Category: Criminal Law | Date: | Hits: 104
Mazharul Huq Vs. Returning Officer & Circle Officer, (Dev.) Double Moorings, Ctg, 1975, 4 CLC (AD)
....Writ Jurisdiction under Article 102(2) of the Constitution. In the result, the appeal is dismissed withÂout any order as to costs. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 11. ......rt Division summarily rejected the petition as it was of the view that having declared Mr. Md. Abdullah elected as Chairman of the Union Parishad, the ReturÂning Officer acted in accordance with the provisions of Rule 20A and as such he committed no illegality. Leave was granted with a view to e..Category: Election Law | Date: | Hits: 133
Abdur Rashid Vs. The State, 1975, 4 CLC (AD)
....de. The prisoner is found not guilty of the charge under section 302 of the Penal Code against him. He is acquitted of the said charge and is directed to be set at liberty forthwith. Ed. ...... 18. In the first case appellant Khadim was convicted for the offence of murder and was sentenced to death. In appeal before the High Court his conviction was challenged on the ground that the provisions of rule 2, Part C, Chapter 24, Vol. III of the Rules and Orders of the High Court were n..Category: Criminal Law | Date: | Hits: 66
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