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Assessing Officer, Narayangonj Range and others Vs. Burmah Eastern Ltd., 1981, 10 CLC (AD)
.... provisions of the Urban Immovable Property Tax Rules, 1957 and also whether the said Rules could be applied retrospectively, once the assessment had already been done. 2. The Respondent is a company incorporated in Bangladesh, under the Companies Act, 1913, and in May, 1965 it took over the b......at the High Court Division has rightly held that the Writ Petition was maintainable. For the aforesaid reasons this appeal is dismissed but without cost. Ed. This Case is also Reported in:......the respondent. 6. It was also contended that the appellant rightly reassessed and levied tax under rule 10 of the said Rules, which empower the appellant to do so and that the assessment proceeding for the years 1957-58 to 1962-63 were reopened under rule 10(a) of the Urban Immovable Pr..Category: Fiscal/Taxation Law | Date: | Hits: 76
Sonali Bank Vs. Abdul Mannan and others, 1981, 10 CLC (AD)
....n on the part of the authorities of the Sonali Bank. The High Court Division repelled the contention of the appellant Bank by holding that the Circular No. PCM/53-75 dated 29th November 1975, had any bearing in the facts and circumstances of the case. The Circular and memo of the Ministry of F......ecame a debtor. The High Court Division has rightly issued the writ. In the result, therefore, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: ......t abate, be discontinued or be in anyway prejudicially affected by reason of the transfer of the undertaking of the existing bank or of anything contained, in this Order but the suit, appeal or other proceeding may be-continued, prosecuted and enforced by or against the corresponding new bank." ..Category: Banking Law | Date: | Hits: 129
James Finlay and Co. Ltd. Vs. Chairman, Second Labour Court, Dacca and another, 1981, 10 CLC (AD)
....passed in Writ Petition Nos. 863 and 864 of 1974 on January 7, 1977. In Civil Appeal Nos. 46 and 47 of 1978. Ally Akbar, who is an employee of James Finlay and Co. Ltd. (hereinafter called the company”), is the appellant. The company which is the appellant in Civil Appeal Nos. 26 and 27 of...... some interest to trace the history behind the framing of definition of 'worker’ or workman’ as given in clause (xxviii) of section 2 of the I.R.O. for finding out its evolution by stages. First, reference may be made to the definition ‘workman’ as given in the Indust......ed, according to him, to victimisation by the company. During the pendency of his case before the Labour Court in which he raised an industrial dispute, the company initiated two separate proceedings against him on some baseless charges, it is alleged. In the first proceeding, the alle..Category: Labour and Industrial Law | Date: | Hits: 91
Promode Ranjan Saha and others Vs. Govt. of Bangladesh and another, 1981, 10 CLC (AD)
....title, interest and possession therein. (b) That a permanent injunction restraining the defendants from taking possession of the scheduled properties and from interfering in any way with the plaintiff's rights to properties may be issued." 4. There can be ...... President's Order No. 90 of 1972 and accordingly, the appeal and the suit have abated. The appeal is accordingly dismissed it having abated but without any order as to costs. Ed. ......ndate of law that notwithstanding anything contained in any other law for the time being in force, on the commencement of the Order, all suits, appeals, applications and other legal proceedings pending or continuing or deemed to be pending or continuing in any Court against t..Category: Property Law | Date: | Hits: 66
Khabiruddin and others Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
....hance to the plaintiffs to relay the suit land for ascertaining whether the same is covered by the land of the kabuliyats, Exts. 1 and 1 (a), and also to produce Wazibul Arz and other documents, if any. After remand plaintiffs took out a local investigation and filed the Wazibul Arz, a certified......prepared and placed before us by the appellants for substantiating their title to or possession in the suit land. 13. Finding it difficult to pursue his contention as to Wajibul Arz at this stage the learned counsel for the appellants submits that the case be remanded to the trial Court ......rlier been an order of remand to the trial Court and the appellants had an opportunity to produce all their papers in support of their case. The appeal is dismissed. No costs. Ed. ..Category: Property Law | Date: | Hits: 69
Alhaj Md. Serajuddowlah Vs. The State, 1991, 20 CLC (AD)
....deration of Tk. 3, 00,000.00 although the disputed property was sold at Tk. 84, 00,000.00 to the highest bidder. The disputed property, it has been asserted, is an abandoned property and nobody has any right to make a transfer of the same without the permission of the Government. The sale deeds i......09;General appearing for the State has, however, tried to support the impugned order. 8. It is well-settled that the High Court Division will be loath to stifle a prosecution at the initial stage of the proceeding unless the facts of the case are apparently and clearly such as would attra......ivision, Dhaka Bench, in Criminal Revision No. 149 of 1989). Judgment: ATM Afzal.- The appellant is an accused in a proceeding under sections 406/420/4671468/471/109 of the Penal Code now pending in the Court of the..Category: Criminal Law | Date: | Hits: 51
Mst. Qaiser Khatoon and 12 others Vs. Mvi. Abdul Khaliq and others, 1973, 2 CLC (AD)
....R 13 Lah. 458; Rani Sundar Vs. Tej Singh, ILR 17 Lah. 346. Lawyers Involved: Mian Md. Shaft, Senior Advocate, (Mian Hidayat Ali Taib, Advocate with him) instructed by M/s. Siddiq & Company, Advocate-on-Record—For the Appellant. Shah Md. Shafi, Senior Advocate, (J.A. Parvez A......timately taken, their Lordships feel obliged to yield to it But although their Lordships think that the objection should be taken at an early period, it is clearly competent to them to hear it at any stage of the appeal; and it has not been unusual to entertain it when the appeal is called on, a......ing his report a final decree for possession will have to be drawn up. Since success is divided each party will bear his own costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 104. ..Category: Civil Law | Date: | Hits: 117
Bangladesh Vs. Naziruddin Ahmed, 1973, 2 CLC (AD)
.... plaintiff to show cause why disciplinary action should not be taken against him, inefficiency has ceased to be a ground not for an enquiry under the said Ordinance. 8. In view of the absence of any dispute on the above two points, the Division Bench arrived at a conclusion that the entire proc......ment for inefficiency. The reference to the Screening Committee could not, therefore, have been made under sub-clause (a) of clause (5) of the Laws (Continuance in Force) Order, 1958, as was at one stage argued by Mr. S.R. Pal. The impugned order of retirement was made before the 1st July, 1959 ......mendation is clearly outside the jurisdiction of the Ordinance III of 1959 and the rules framed thereunder". Having emphasised further that the "Governor did not make the order under any other law or proceeding" the Division Bench, held that the impugned order of retirement was in excess of the au..Category: Administrative Law | Date: | Hits: 106
Sri Monmotha Nath Kuri Vs. Mvi Mohammad Mokhlesur Rahman and others, 1973, 2 CLC (AD)
............................Respondents Judgment June 16, 1969. The Motor Vehicles Act, 1939, section 6 In case of fatal accident caused by a motor vehicle Insurance Company is liable to pay the decreetal amount of compensation as if it were a judgment debtor even thoug......urt the plaintiffs in the suit put their decree into execution. It was stayed pending the disposal of the appeal but was re-started on the 20th February, 1962, after the appeal was dismissed. At this stage the judgment debtor who is now the appellant before us, filed an objection, under section 47 o......gment debtor even though the Insurance Company was not made a party-defendant in the suit. The only condition necessary to make the Insurance Company so liable is that before or after commencement of proceeding in which judgment is given the Company had notice through the Court of brining of the pro..Category: Others | Date: | Hits: 124
Chaudhury Muhammad Khan Vs. Sanaullah and others, 1973, 2 CLC (AD)
.... day and the surety bond was restored. As a result of Irfan Aslam's absence, the cross-examination of Mohammad Khan, complainant, could not be completed. On 27-9-1969 the case was adjourned without any proceedings as one of the defence counsels wanted to attend to some personal business. On 9-12-1...... 1611 of 1969 which was dismissed by a learned Judge on 27 May, 1969, with the following remarks. "We are, however, concerned with the fact whether or not there are reasonable grounds at this stage to release, the petitioner on bail who has been charged for an offence punishable with death ......e police report failed to completely convince the investigating agency about its correctness. No evidence has yet been led in the case. Mr. M. B. Zaman, makes a grievance of the fact that the proceedings have been delayed. Ch. Riasat Ali Khan, who appears for the complainant, opposed this..Category: Criminal Law | Date: | Hits: 96
Popular Biscuit Ltd Vs. Biximco Bremer Export Contor Brand, Repprecht Gmbh & ors, 2006, 35 CLC (AD)
....ineer and Contractor, (1982) 2 Supreme Court Cases 25. State of Uttar Pradesh vs. Janaki Saran, AIR 1973 SC 2071. Muhammad Idris and others vs. Tobarak Hossain, 17 DLR 209, New Bengal Shipping Company vs. Eric Lancaster Stump of Singapore, 1 PLR Dhaka-1; Halcyon Steamship Co. inc. vs. Pro...... Court Division in staying the suit can not be sustained. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 743. ......e International Chamber of Commerce (ICC) at Paris against them depositing a portion of the fees; the respondent Nos.1 and 2 also appeared before ICC Paris in connection with the above arbitration proceeding depositing portion of the fees; on 5th August, 1988 the above respondents raised the ple..Category: Business or Commercial Law | Date: | Hits: 94
Superintendent Eng. (Dist), PDB, Jangalia,Comilla Vs. Madhumita Cinema Ltd. & ors, 2002, 31 CLC (AD)
.... that Annexure-A dated 23-2-1988 is a letter from Deputy Chief of Energy and Mineral resources Ministry to General Manager (Commercial), Power Development Board, Dhaka and the same does not reflect any decision of the Government or of the defendant not to trust the plaintiff as a commercial esta...... that this material document Exhibit A had a positive effect on the of the plaintiff and that this document is admittedly issued by the defendant on the issue concerned in the suit at a subsequent stage. The remand order has been made by the High Court Division in order to enable the plaintiff t...... Accordingly, this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 170. ..Category: Fiscal/Taxation Law | Date: | Hits: 122
Moulana Abdul Mannan Vs. Halima Khatun and ors, 2002, 31 CLC (AD)
.... November 15, 2000. The Waqfs Ordinance, 1962 (I of 1962), Section 51 (i) Muslim Law does not recognise any right of inheritance to the office of Mutwalli but the office may become hereditary by custom i......descendent of Yakub Ali. The Additional District Judge did not decide this issue as this point was not raised before Waqf Administrator and therefore held that the issue could not be raised at that stage particularly after the close of hearing of the parties. The respondent No. 1 next point was ...... The appeal is therefore allowed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 158. ..Category: Trust/Waqf Law | Date: | Hits: 209
Abu Siddique and anr Vs. Government of the People’s Republic of Bangladesh, 2002, 31 CLC (AD)
....itions precedent to the setting in motion of a criminal investigation. The offences specified in the schedule are cognisable offences. The Bureau on receiving of complaint or information as regard anyone of the offence specified in the schedule goes for enquiry into and investigation of such com......estigation where a case has been recorded and that the enquiry being not investigation, officers of the Bureau are not authorised to exercise power under sections 94 and 160 Cr.P.C. at the enquiry stage. 3. On consideration of the provision of section 3 of the...... Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 154. ..Category: Criminal Law | Date: | Hits: 58
Bangladesh and others Vs. Dr. Shamima Sultana Rita, 2002, 31 CLC (AD)
.... The Code of Criminal Procedure, 1898 (V of 1898), Section 172 The case diary is being maintained by the Investigating Officer and legally this cannot be looked into by any one except of course, by the Public Prosecutor. In a proper case for its satisfaction a ...... least on the date of passing of the order and by directing fresh medical examination by another board, the High Court Division has not committed any illegality which may be interfered with at this stage. 9. We have heard the learned Counsels of both the sides. The first ...... Appeal has become infructuous and accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 151. ..Category: Criminal Law | Date: | Hits: 65
Hiran Chandra Dey and anothers Vs. Md. Abdul Quyum and others, 2002, 31 CLC (AD)
....es denied the claim of the pre-emptors that Kulsuma Bibi and Rahima Bibi are the sisters of Ilias Miah and that Kulsuma Bibi and Rahima Bibi being not the sisters of Ilias Miah they did not acquire any right, title and interest in the land that belonged to Ilias Miah, that transfer by Kulsuma Bi......e pre-emptor’s claim that Kulsuma and Rahima are the sisters of Ilias Miah. PW 2 claimed that his marriage was registered and that he has the Kabinnama. But same has not been produced at any stage of the Miscellaneous Cases. In the background of challenge as to PW 2’s being the husba......ng out of a prima facie case in law cannot be considered to have established the case finally or conclusively or said to have proved the case for having the relief sought by the first party in the proceeding conclusively or in other words free from alloy……………&h..Category: Property Law | Date: | Hits: 55
Kazi Shahjahan (Md) and another Vs. Md. Khalilur Rahman Madbar and others, 2002, 31 CLC (AD)
.... 3. Pre-emptee-petitioners entered appearance and filed written objection denying the allegations and their case is that the preemptors is not a co-sharer to the case land and is not entitled to any preemption. 4. It appears that on the pleadings of the parties the learned......sidered the averments made, in the application for pre-emption and concurrently found that it disclosed cause of action and that same was not barred by any law, further more the case is at its last stage of trial before the learned Subordinate Judge. The parties have already examined witnesses an...... is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 125. ..Category: Property Law | Date: | Hits: 49
Bangladesh Road Transport Corporation and another Vs. Md. Shahidullah, 2002, 31 CLC (AD)
....vision Bench of the High Court Division in Writ Petition No. 3485 of 1996 making the Rule absolute and thereby declaring the order of termination of service of the respondent as illegal and without any lawful authority. 2. The primary question for consideration before us is w...... reported decision. The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 124. ...... The Bangladesh Road Transport Corporation Employees (Service) Regulations, 1990, Regulation 55(2) The Corporation failing to remove the respondent through a proceeding and thereafter failing to send him on compulsory retirement under regulation 55(2) final..Category: Employment/Service Law | Date: | Hits: 75
Government of Bangladesh and others Vs. Md. Sharfuddin Mollah, 2002, 31 CLC (AD)
....58 (a) (1) is as follows: 858.(a) The following are the powers of officers in regard to punishments: (1) The Inspector-General may suspend, reduce, dismiss or remove any police officer of or below the rank of Inspector, or award to any such police officer any one...... The order of dismissal in respect of the respondent is maintained. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 120. ......neral of Police, Khulna (Appellant No. 2) and the same was dismissed on 23rd April, 1996. 3. It may be mentioned the respondent at the relevant time i.e. when the disciplinary proceeding was initiated against him and was dismissed from service following said disciplinary pro..Category: Administrative Law | Date: | Hits: 116
....ed to complete construction of the structure already started. Thereafter, Government started negotiation with the Society for amicable settlement and as negotiation was going the society did not take any step in the suit and consequently the suit was dismissed for default. At one stage of negotiatio......ent started negotiation with the Society for amicable settlement and as negotiation was going the society did not take any step in the suit and consequently the suit was dismissed for default. At one stage of negotiation a compromise formula was evolved to the effect that the society would be allowe......search Institute (BRI, later on HBRI) in 1962 forcibly entered into some portion of the land of the Society and started construction of building.
9. The Society having failed to dissuade BRI from proceeding with the construction filed Title Suit No. 187 of 1962 in the Court of Subordinate Judge,..
Category: Property Law | Date: | Hits: 54
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