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Ful Chand Das and others Vs. Mohammad Hammad and others, 1982, 11 CLC (AD)
....as it stood before additions or alterations, would be revived. 20. On consideration of the authorities referred to above it appears that there is no controversy on the question that when a mandatory provision proves unconstitutional, the amended provision stands wholly unaffect......gh Court's' judgment is founded practically on two considerations. Firstly, sections 4 and 6 of East Pakistan Ordinance No.1 of 1964 having been declared void in Chittaranjan Sutar's case, the said provisions not being in existence in the eye of law the impugned kabala in favour of defendant No.2..Category: Property Law | Date: | Hits: 75
Abdul Alim and others Vs. A. K. Abdul Hoque and others, 1982, 11 CLC (AD)
....Act. In this view, the appeal is allowed but in the facts of case we make no order as to costs. The decrees of courts below are set aside and the execution petition dismissed. Ed. ......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 Limitation Act, and as such the second Execution case was not barre..Category: Property Law | Date: | Hits: 54
Sultan Ahmed, Advocate and others Vs. Haji Sultan Ahmed and others, 1982, 11 CLC (AD)
.... 5. Mr. Fazlul Karim, the learned counsel, appearing for the second party-appellants has seriously assailed the impugned order of the learned Magistrate and tried to base his arguments on-certain mandatory provisions of the Code which, he contends, have been contravened by the learned Magistrat......re with an order of Magistrate made under section 107 of the Code of Criminal Procedure, directing the appellants to execute "bond for good behaviour," but without complying with the provisions of section 112 of the said Code. 2. The respondents-first party had filed an app..Category: Criminal Law | Date: | Hits: 51
Govt. of Bangladesh Vs. Md. Arshad Ali, 1982, 11 CLC (AD)
....e sustained. Therefore, the appeal is allowed. The judgment and order of the High Court Division are set aside and the writ petition is dismissed. We make no order as to costs. Ed. ......y;isterial staff) of Sea and Land Customs below the rank of Assistant Collector and other persons who are instrumental in detection and for bringing to notice infringement and evasions of the provisions of the Sea Customs Act, Land Customs Act, the Merchandise Marks and Import and Expo..Category: Criminal Law | Date: | Hits: 171
M/s. Everett Orient Lines Inc. Vs. Commissioner of Income Tax Ctg Zone, Ctg, 1982, 11 CLC (AD)
....esult, therefore, both the appeals are allowed. The judgement of the High Court Division is set aside and the orders of the Tribunal are restored. There will be no order as to costs. Ed. ......t Division referring the two questions: "(i) Whether in the facts and in the circumstances of the case, the Income Tax Appellate Tribunal has correctly interpreted the provisions of section 10(2) (vi) of the Income Tax Act and of Rule 9 (old) rule (8) of the Income ..Category: Fiscal/Taxation Law | Date: | Hits: 114
Messrs. Haji Noor Ali Sowdagar & Sons Ltd. Vs. Comm. of Sales, Tax, Ctg Zone, 1982, 11 CLC (AD)
....hy;tention of the assessee cannot be accepted. In my opinion the question has been correctly decided by the High Court Division. Therefore, the appeal is dismissed with costs. Ed. ...... raw materials against his sales-tax liability on the manufactured products, that is, the end products. It may cause some hardship, but in the face of the clear language of the statutory provisions, the contention of the assessee cannot be accepted. In my opinion the question has..Category: Fiscal/Taxation Law | Date: | Hits: 95
Mofizur Rahman Khan Vs. Government of Bangladesh, 1982, 11 CLC (AD)
.... disposed of in these terms, without any cost. In the result, Civil Appeal Nos. 73 and 124 of 1981 are dismissed. No order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) 321. ......the legislature has not the power to override unconstitutionality as such. But what the legislature has purported to do is to take up those very schemes and deem them to have been settled under the provisions of the present Act and thereby to lay them open to any attack available under the prese..Category: Constitutional Law | Date: | Hits: 188
Abdul Halim Mollah @ Monohar Mollah & anr Vs. Member, App Tribunal Dacca & ors., 1982, 11 CLC (AD)
....nion is that such appeal cannot be entertained. I would, therefore, allow the appeal. Order of the Court By the majority judgment the appeal is dismissed. Ed. ......se, if the intention of the legislature was to provide an appeal against acquittal, then such power would have been specifically mentioned in the statute. By way of analogy he referred to relevant provisions of the Code of Criminal Procedure, that is Chapter XXXI. He pointed out that the Chapter..Category: Criminal Law | Date: | Hits: 40
Bangladesh Vs. Md. Misfor Ali and others, 1982, 11 CLC (AD)
....ges, the appeal must succeed. Therefore, the appeal is allowed. The judgment of the High Court Division is set aside and the Writ Petition is dismissed. We make no order as to costs. Ed. ......egal effect. 5. The judgment under appeal shows that according to the learned Judges when the respondents were exonerated from the charges of criminal offence by a competent Court, the provisions of President's Order No. 9 of 1972 could not he invoked and applied to punish them for ..Category: Employment/Service Law | Date: | Hits: 92
....dgment and order by the High Court Division are set aside. The appeals are allowed without any order as to costs.
Ed.
This Case is also Reported in: 34 DLR (AD)(1982) 298; 3 BLD (AD) 1983, 48.
......come-tax Act answering the question raised by the assessee and remanding the case to the Deputy Commissioner of Taxes to determine the income, profits and gains of the assessee in accordance with the provisions of section 13 read with section 23 of the Income-tax Act Leave was granted to examine whe..
Category: Fiscal/Taxation Law | Date: | Hits: 100
Bangladesh Vs. Md. Matiur Rahman, 1982, 11 CLC (AD)
....ourt Division is set aside and the Writ Petition is dismissed with the modification that; the punishment is altered to compulsory retirement. No order as to costs. Ed. ...... his findings" to the "authority" by whom he was appointed; and the latter is required by these Rules to consider the report and record its findings of the "charge". These provisions of the Rules show that the 'authority , which may be government itself, is not boun..Category: Employment/Service Law | Date: | Hits: 87
Commissioner of Income Tax Vs. Chowdhury Ramzan Ali and another, 1982, 11 CLC (AD)
....ed without any order as to costs. The orders of the Court below are set aside, the proceedings of claims of the appellant before the Company Judge will proceed according to law. Ed. ...... 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 in failing to ..Category: Fiscal/Taxation Law | Date: | Hits: 85
Hajee Khabiruddin Ahmed Vs. Md. Salam Kabir, 1982, 11 CLC (AD)
....ter the lapse of a reasonable time. For the reason stated above, the appeal is allowed with costs. The judgment of the High Court Division is set aside and that of the trial court restored. Ed. ......proper address nor regarding the posting by registered post. In these circumstances, we hold that the conclusions of the learned Judges of the High Court Division have not been correctly drawn. The provisions of section 27 did not leave any scope for drawing any adverse presumption regarding servi..Category: Tenancy Law | Date: | Hits: 67
....il Court had no jurisdiction to entertain such suit or proceeding have, there-fore, no application in the present case as the impugned order could not be shown to have been not in accordance with the mandatory provision of law. Non-compliance with the mandatory provisions of law while making an orde...... submitted that there has been no total denial of the procedural safeguards provided in the Statute which were available to the respondent. According to him, if there had been non-compliance with the provisions of the Ordinance it might have been argued that such non-compliance has gone to the root ..
Category: Employment/Service Law | Date: | Hits: 109
Abu Bakkar Vs. Nazir Ahmed, 1982, 11 CLC (AD)
....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. ......ndment did not touch the period of a usufructuary mortgage which is still 7 years, nor did is affect the period of limitation for redemption suit which is 60 years. The amendment relates to two new provisions. One is that if, on the expiry of the period of a mortgage, the mortgagee does not restor..Category: Property Law | Date: | Hits: 58
Khondker Moshtaque Ahmed Vs. Bangladesh, 1982, 11 CLC (AD)
....w Court and the order of Government on review are set aside, The orders of conviction passed on the appellant ate hereby quashed. Ed. This Case is also Reported in: 34 DLR (AD) (1982) 222. ...... as to enable constitution of each Court with an officer of the Army as Chairman and another Army officer as member thereof, which together would constitute majority in the Court. (b) There was provisions for an appeal to the Government in cases where the Special Martial Law Court would be div..Category: Criminal Law | Date: | Hits: 287
Bangladesh Vs. Hon'ble Judge, Prize Court, HCD, Supreme Court Building, Dacca, 1982, 11 CLC (AD)
....e learned Attorney-General are found unacceptable, not because it lack reasons but such reason has no support in law. The appeal is dismissed. No order as to costs. Ed. ......been framed, the exercise of functions by each Ministry must follow the pattern laid down by the Rules. 10. The learned Attorney-General next contended that in view of the provisions in Article 86 of the Constitution which provides that all moneys received by or deposite..Category: Others | Date: | Hits: 116
Abdul Hamid Vs. Abdul Jabbar , 1982, 11 CLC (AD)
.... in exercise of the court's inherent power to meet the ends of justice. The Court pointed out the distinction between restitution under section 144 and that under section 151 in that section 144 is mandatory whereas section 151 is purely discretionary. In Maharaj Sasikanta Vs. Jalil Baksh 5......the court to place, parties in the position which they would have occupied but for the wrong decree and went further to hold that the duty of the court to grant restitution arises even outside the provisions of section 144, Their Lordships observed: ''Nor indeed does this duty arise merely under..Category: Civil Law | Date: | Hits: 82
Bangladesh & others Vs. A. K. M. Zahangir Hossain, 1981, 10 CLC (AD)
....ption to and controls the pleasure doctrine. This Constitutional guarantee cannot be abridged or taken away by any legislative enactment except by any other Constitutional provision. The provision is mandatory and is couched in negative language emphasising the positive or the affirmative right. A...... petitions in the High Court Division and some were allowed and some dismissed. A common question involved in all the appeals is whether a member of the subordinate police service by virtue of some provisions contained in the Bangladesh Constitution can maintain a writ petition on the ground of vi..Category: Constitutional Law | Date: | Hits: 188
General Manager Jamuna Oil Company Ltd. Vs. Golap Rahman & another, 1982, 11 CLC (AD)
....of the Court. It was further observed that since the legislature authorised the Labour Court to function in the absence of such member, this clearly indicates that the advice is not intended to be mandatory but directory. It was held that if the award was made without any advice from either......p; Mr. Asrarul Hossain, Counsel for the appellant, contended that the decision of the Labour Court was without jurisdiction as the Chairman of the Court consulted only one member. According to the provisions of sub-section (2) of section 35 of the Industrial Relations Ordinance, a Labour Court i..Category: Labour and Industrial Law | Date: | Hits: 97
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