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Md. Matlabur Rahman & ors Vs. Madan Meah Chowdhury, 1981, 10 CLC (AD)
....ing the plaintiff in holding and performing "Urs” on the lands described in the schedule to the plaint. The plaintiff died on 16.8.71 during the pendency of the suit without making any Will and without appointing any successor. Thereafter on 22.9.71 the respondent Madan Miah......ntiff is nothing but a device to deprive the members of the family of the office of the Darbarsharif. It is for the devotees to decide whom they would install as Khadem of the Darbarsharif but the stage has not yet come because after the death the respondent Madan Mian Chowdhury wanted to b......Darbarsharif. Of course, the question whether the property was the personal property of the 'Sajjadanashin' or not is a question to be finally adjudicated at the trial and not in such miscellaneous proceedings. Alt that the provision under Order XXII, rule 10 requires is that the applicant has i..Category: Civil Law | Date: | Hits: 91
Commissioner of Taxes & another Vs. M/s. Mullick Brothers, 1981, 10 CLC (AD)
....peal was filed and this Court by its judgment allowed the appeal holding that the arrear tax assessed against the firm not being a Government debt before emergence of Bangladesh is not recoverable by any process of law. This Division observed: "The learned Judges of the High Court Division wrong......wrong declaration the penal provisions of M.L.R 32 will also be invoked and shall apply accordingly. [emphasis added] 5. It is clear that Circular No. M.L.R 1 of 1969 contemplated three different stages namely(1) where the Income-tax Officer is satisfied that such returns have been filed correct...... authority lower than Central Board of Revenue. Even in such cases, the additional tax at the rate of 8 percent will continue to be payable for the extended period of time”. If as a result of proceeding declaration the ‘excess income’ is enhanced agreement with the assesses, thereby cr..Category: Fiscal/Taxation Law | Date: | Hits: 98
Md. Abdul Jalil Vs. Durjan Ali alias Siddique Hossain and others, 1981, 10 CLC (AD)
....neous case No. 214 of 1970. 2. Respondent No.1 filed the Misc. case for pre-emotion of a land sold under a kabala dated 18-6-70 alleging that he was a co-sharer of the land but was not given any notice of the transfer to a stranger. The transferee, Who is the appellant here, contested the ......re-emption. In the result, the appeal is allowed with costs. The Judgment and order of the High Court Division is set aside and that of the lower appellate court is restored. Ed. ......not impleaded in the application for pre-emption. Trie learned Munsif rejected this contention holding that the omission of certain persons a referred to in section 96(2) was not fatal to the proceeding and allowed the pre-emption. On appeal the learned subordinate Judge found that a number..Category: Property Law | Date: | Hits: 43
Sreemati Charubala Sen Gupta Vs. Abul Hashem and others, 1981, 10 CLC (AD)
....ted and if there is evidence to this effect the court will grant the probate. It is not the concern of the probate court to decide whether the testator had title to the property or whether he had any authority to otherwise deal with the property…………..(6) A person who claims outside o......udge are set aside and the application for addition of party to the probate proceeding is dismissed without, however, any order as to costs. Ed. This Case is also Reported in: 33 DLR (AD) 254. ......…………………………………………. Respondents Judgment January 14, 1981. Result: The appeal is allowed. The Succession Act, 1925 (39 of 1925), section 283 In a proceeding for the probate of a Will what the court is required to see is whether the Will is duly..Category: Property Law | Date: | Hits: 80
Dr. Nurul Islam Vs. Bangladesh, 1980, 9 CLC (AD)
....ellant completed 25 years of service on 10-4.1977. Due to scarcity of doctors restriction has been imposed on government doctors in seeking employment outside the country. For the same reason as many as 34 doctors who have completed 25 years of service have not been retired. To show the malice i......, the pleasure doctrine is limited by the guarantee to the government servant as provided under Article 135 of the Constitution. Mr. Ishtiaq Ahmed, Counsel for the appellant, intervened at this stage and referred to two cases decided by the Indian Supreme Court. 64. The first of two cases ......ltogether. The impugned notification appears to have been issued in order to circumvent that judgment; it is, therefore, mala fide as having been issued for achieving some collateral purposes. Before proceeding further I consider it necessary to refer to the provisions of both the Constitution and a..Category: Employment/Service Law | Date: | Hits: 180
Musharraf Hossain Chy Vs. GM, Titas Gas Transmission & Dist. Co. Ltd. & ors., 1981, 10 CLC (AD)
.... 9, 1979. 2. The appellant who was an officer of the Bangladesh Minerals, Oil and Gas Corporation (hereinafter called the Corporation) was posted in the Titas Gas Transmission and Distribution Company Ltd. (hereinafter called the Enterprise). His order of appointment as the Administrative Manag......der Article 4 of the Bangladesh Industrial Enterprises (Nationalisation) Order. 1972 (P. O. No. 27 of 1972)." 47. Since the pattern of economic development in this country is in a nascent stage, some time will be required to develop in full the shape of things to come. Judging form vario......g transferred under clause (b) shall be deemed to have been incurred, entered into or engaged to be done by, with of for, the Bangladesh Corporation; (d) all suits, prosecutions and other legal proceedings Instituted by or against the said Corporation in relation to the undertaking transferre..Category: Employment/Service Law | Date: | Hits: 104
Bangladesh Steamer Agents Association Vs. Bangladesh & others, 1981, 10 CLC (AD)
....an order dated 16-9-78 to discontinue the famines of Licensed Measurers Department work and also to delete Clause 3(36) of the Memorandum. This order was passed by the Ministry of Commerce without any notice to the appellant. 6. The appellant unsuccessfully challenged the said o...... any lawful authority. Ed. ......le of natural justice is simply that no person shall be deprived of any vested right by any order judicial or otherwise without a hearing before an independent authority, not interested in the proceedings or in any party to the proceeding. The frontier of natural justice with the progress of..Category: Others | Date: | Hits: 110
Khandaker Ehtehshamuddin Ahmed @ Iqbal Vs. Bangladesh and others, 1980, 9 CLC (AD)
....clamation of 29.11.76 and repealing all Martial Law Regulation and Martial Law Order. (2) The extent of protection given order the Fifth Amendment to orders made, acts and things done or taken by any persons or authority in exercise of the powers derived or purported to have been derived from su...... becomes a case pending before a Criminal Court. The learned Attorney General referred to a decision of this Division in the case of Dr. Mozammel Huq Chowdhury, a co-accused in this case upto certain stage, being Civil Petition for Special Leave to Appeal No. 184 of 1978. In this petition the questi...... order dated August 5, 1978 which has been duly confirmed. Against the order of conviction and sentence the appellant moved the High Court Division in its writ Jurisdiction for an order declaring the proceedings taken in passing the judgment and order dated 3.8.78 in M.L. Case No. 37 of 1978 by the ..Category: Constitutional Law | Date: | Hits: 292
Bangladesh and others Vs. Md. Abdur Rab, 1979, 8 CLC (AD)
....tution of Bangladesh, 1972, Articles 133, 102(5), 102(2)(a)(ii). Being an inspector of police the respondent is a member of disciplined force. A court or tribunal set up under the law to deal with any matter relating to a disciplined force cannot be directed under article 102(5) to do or refrain ......to proviso to Article 153(3) which is quoted below:— "Provided that in the event of conflict between the Bengal and the English Text, the Bengali text shall proved." It is pertinent at this stage to refer to Article 18B of the second Proclamation (Fifteenth Amendment) Order 1978 being se...... up under law to deal with any matter relating to a disciplined force cannot be directed under this Article to do or be refrained from doing any act mentioned in this Article, nor can any act done or proceeding taken by such a court or tribunal be declared to have been taken without lawful authority..Category: Employment/Service Law | Date: | Hits: 102
S.Z.M. Nurul Huq Vs. State, 1981, 10 CLC (AD)
....sion Bench of the High Court Division discharged the rules mainly on the ground that the Sessions Judges while functioning as the reviewing authority acted as & persona designata, and, as such, any order passed by the Sessions Judge in review cannot be questioned under sections 435/439 of th......that an order passed by the reviewing authority is not revisable under section 439 of the Code of Criminal Procedure. In the result both the appeals fail and the same are dismissed. Ed. ......vision in two separate cases, namely, Criminal Revision Nos. 94 of 1979 and 61 of 1979. Short question for our consideration in these appeals is whether the Sessions Judge reviewing the proceeding of Summary Martial Law Court is a persona designata. 2. The appellant in Cri..Category: Criminal Law | Date: | Hits: 62
Nani Gopal Saha Vs. Jatindra Lal Chowdhury and others, 1981, 10 CLC (AD)
....t Division in Writ Petition No. 60 of 1976. Leave was granted to consider the question raised by the appellant-whether under the provisions of the President's Order No. 13 of 1972 the Tribunal has any power to remand; and whether the High Court Division took the correct view that the Tribunal co...... give necessary direction for giving possession to the applicant. In an appropriate case the Tribunal has been given the authority to adjudicate the question of possession as a Court of first stage. The learned Judges of the High Court Division have correctly construed the statutory pr......rticle 4 of the President’s Order No. 13 of 1972. According to the Tribunal, there is nothing to show on record that any member other than the Chairman ever participated in the proceedings. Consequently, the Tribunal held that the findings made in the case were made by the C..Category: Constitutional Law | Date: | Hits: 153
Abdus Samad & ors Vs. Md. Sohrab Ali and others, 1981, 10 CLC (AD)
.... on February 23, 1966. The appellant contested the case by filing two lets of written objection contending, inter alia, that the case is not maintainable on account of defect of parties, as many of the co-shares by inheritance in the case holding have not been impleaded. They further conte......t controlled by Order 1, rule 9, which merely provides that a suit shall not be dismissed by reason of mere non-Joinder of necessary parties. Order I, rule 10 provides for addition of party at any stage of the proceedings, either upon or without the application of either party. Where t......he preemption case should not be dismissed on the ground of non-joinder of necessary parties. It is not necessary that all the co-sharers of the holding should be impleaded in the pre-emption proceeding. In taking this view the learned Judge referred to the decision in Motilal Sikder vs. Be..Category: Property Law | Date: | Hits: 73
Shamuj Ali and other Vs. Kamalarma Bibi and others, 1980, 9 CLC (AD)
....provisions of Law are quoted below: Section 144, Civil Procedure Code. S. 144 (1). Where and in so far as decree is varied or reversed the Court of first instance shall, on the application of any party entitled to any benefit by way of restitution or otherwise, cause such restitution to be m......the appellate court if appeal is preferred from the decree of reversal of the first appellate court. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: ......pains to press his point that the nature and scope of an application for restitution ere quite different from those of an application for execution and as such restitution is not part of an execution proceeding, nor is it in the nature of an execution proceeding. In support of this contention Mr. Ah..Category: Procedural Law | Date: | Hits: 111
Ful Chand Das and others Vs. Mohammad Hammad and others, 1982, 11 CLC (AD)
....dings of fact by the trial court and the High Court Division and considering the facts and circumstances of the case, I agree with the judgment of Shahabuddin, J. I think it advisable not to state any views on the constitutionality of sections 4 and 6 of the Displaced Persons Ordinance, 1964.&nb......n record, or based on non-consideration of material points in the evidence. It is, therefore, to be seen whether the impugned finding is of such a nature as to justify our interference at this stage in the interest of justice. 56. The sale-deed in question (Ext. B) consists of about......s modified by Ordinance VI of 1964 provided that save as provided in the Ordinance no action taken, no decision made and no order passed in the Ordinance shall be called in question by any suit or proceeding in any court or tribunal. It further provides that no court shall entertain any suit for..Category: Property Law | Date: | Hits: 75
Abdul Alim and others Vs. A. K. Abdul Hoque and others, 1982, 11 CLC (AD)
....r to overcome this bar invoked the aid of section 14 sub-section (2) of the Limitation Act which is as follows: "14. (2) In computing the period of limitation prescribed for any application, the time during which the applicant has been prosecuting with due diligence an&sh......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. ......the second Execution case was not barred by limitation. 3. Mr. A. Salam, the learned Counsel, has firstly pointed that the section 14 of the Limitation Act cannot be invoked in an execution proceeding. The language of section 14 of the Limitation Act does not tend to bar its application t..Category: Property Law | Date: | Hits: 54
Sultan Ahmed, Advocate and others Vs. Haji Sultan Ahmed and others, 1982, 11 CLC (AD)
....use breach of the peace, and accordingly drew a proceeding thereunder. In due course second party-appellants appeared before the Magistrate, and submitted a written statement denying that there was any dispute likely to cause breach of the peace concerning the land in question as they had alread......section 112. If so, the learned Judge should have modified the impugned order for execution of the bond treating it as an order for show-cause, and directed the Magistrate to proceed from that stage and to hold an enquiry under section 117. The impugned order is found to be the final order ......complying with the provisions of section 112 of the said Code. 2. The respondents-first party had filed an application before the Sub-Divisional Magistrate, Chittagong for drawing up a proceeding under section 144 of the Code, against appellants- second party. But the learned Ma..Category: Criminal Law | Date: | Hits: 51
Govt. of Bangladesh Vs. Md. Arshad Ali, 1982, 11 CLC (AD)
..... 9000.00 as advance as per N.B.R's order dated 18-8-78; and another sum of Tk. 32,000.00 was sanctioned as reward to the respondent under N.B.R's order dated 22-2-80. The respondent did not raise any objection. 4. A Division Bench accepted the contention of the respondent and found ......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. ......jection. 4. A Division Bench accepted the contention of the respondent and found that the respondent's lawful claim was arbitrarily rejected by the authority concerned without causing a proceeding started under the Rules for, determination of the realised or estimated value of the sei..Category: Criminal Law | Date: | Hits: 171
M/s. Everett Orient Lines Inc. Vs. Commissioner of Income Tax Ctg Zone, Ctg, 1982, 11 CLC (AD)
.... Badrul Haider Chowdhury J.—These are two certificated appeals under section 66 (a) (2) of the Income Tax Act. The assessee-appellant is a Company incorporated outside Bangladesh but carries on business in Bangladesh through local Agents. It......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. ......the Finance Act of 1967 imposed a bar disallowing the benefit of additional depreciation in respect of the plant machineries which are not installed in Pakistan. The learned Judges instead of proceeding to answer the question took up a point of law which was not agitated by any of the parti..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)
....uld claim adjustment or refund of sales-tax paid by the assessee at the s age of importation against the sales-tax payable on the finished products." The High Court Division also did not find any merit in the contention of the assessee and by the order dated June 24, 1980 rejected the appli......ision on an application under section 17(2) of the Sales-tax Act, 1951 raising the question as to whether the assessee is entitled to claim adjustment on refund of the sales- tax paid by him at the stage of importation of raw materials against the tax payable on the finished products. ......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. ..Category: Fiscal/Taxation Law | Date: | Hits: 95
Mofizur Rahman Khan Vs. Government of Bangladesh, 1982, 11 CLC (AD)
....on it, and this power is exercisable subject to the Constitution The Constitution puts two bars on the legislative power of the Parliament, one is that Constitution being the supreme law of the State any other law inconsistent with it, shall to the extent of inconsistency be void The second is set o...... 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. ......e same power cannot be equally effectively exercised by the legislature in validating actions taken under law which are void for the reason that they contravened fundamental rights....The infirmity proceeding from lack of legislative competence as well a« the infirmity proceeding from the con..Category: Constitutional Law | Date: | Hits: 188
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