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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. ...... service was mala-fide and was not made in the public interest. By that order, he alleged he has been victimised by the Director General who was displeased with him since he was promoted to the post of Deputy Director and was trying to get rid of him, if necessary, by forcibly transferring him......l No. 124 of 1981) Judgment March 10, 1982. Result: Civil Appeal Nos. 73 and 124 of 1981 are dismissed. Cases Referred To- Dr. Nurul Islam Vs. Govt. of Bangladesh (1981) 33 DLR (AD) 201; United Province V. Atiqa Begum AIR 1941 F.C. 16; Shri P.C. Mills V. Broach Municipality AIR..Category: Constitutional Law | Date: | Hits: 188
Commissioner of Income Tax Vs. Chowdhury Ramzan Ali and another, 1982, 11 CLC (AD)
....the production of the assessment order. It was noticed that by the mere fact that the Company has gone into liquidation it is not absolved from the liability to pay income tax. And further a Company registered u/s. 23 of the Companies Act is a Company for all purposes including that of......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. ......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. ..Category: Fiscal/Taxation Law | Date: | Hits: 85
Hajee Khabiruddin Ahmed Vs. Md. Salam Kabir, 1982, 11 CLC (AD)
.... under section 106 of the Transfer of Property Act was served upon the respondent on April 3, 1974. Yet, as it was not issued in time, a fresh notice was issued through the appellant's Advocate under registered post. Despite the service of notice upon the respondent whereby the tenancy was determi......ion 106 of the Transfer of Property Act was served upon the respondent on April 3, 1974. Yet, as it was not issued in time, a fresh notice was issued through the appellant's Advocate under registered post. Despite the service of notice upon the respondent whereby the tenancy was determined with th......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. ..Category: Tenancy Law | Date: | Hits: 67
Abu Bakkar Vs. Nazir Ahmed, 1982, 11 CLC (AD)
....1980. 2. Plaintiff-appellant filed other Suit No. 241 of 1964 in the Court of Munsiff, Cox's Bazar for redemption of the suit land which was transferred by him to the defendant-respondent under a registered instrument dated 11 November, 1953. He claimed that the transaction in question was a Kot......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. ......High Court Division 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. ..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. ...... following day the Rule was issued. In the writ petition the background of the events between 15th August, 1975 and 26-11-1976 was detailed mentioning his press statement on 26 11-1976 protesting the postponement of general election for an indefinite period by the then President Sayem In his address......cretary, Ministry of Home Affairs……….. Respondent (In both the appeals). Judgment November 17, 1982. Result: Both the appeals are allowed. Cases Referred to- (1978) 30 DLR(AD)207; (1980) 32 DLR (AD) 216; Kh Ehteshamuddin Vs. Bangladesh (1981) 33 DLR (AD) 154; Queen Vs. Hu..Category: Criminal Law | Date: | Hits: 287
Lebu Mia Vs. Ganesh Chandra Nath and others, 1982, 11 CLC (AD)
....-maturity is cured with registration of the Deed, otherwise the pre-maturity will remain. In this case the question of pre-maturity was raised at the appellate stage but by then the document had been registered and so the pre-maturity could be said to have been cured……..(3) Case Referred to- ......al below and remit the case back to the said Court of appeal below for its disposal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) 220.......late stage but by then the document had been registered and so the pre-maturity could be said to have been cured……..(3) Case Referred to- Abdur Rahman @ Abdul Rahman Vs. Maklis Ali, 31 DLR (AD) 118. Lawyers Involved: Md. Hannan, Advocate, instructed by Md. Aftab Hossain, Advocate-on-..Category: Property Law | Date: | Hits: 65
Bangladesh & others Vs. A. K. M. Zahangir Hossain, 1981, 10 CLC (AD)
.... member of the said 'disciplined force' if he has been illegally dismissed, removed, discharged, reduced in rank or compulsorily retired. Ed. This Case is also Reported in: 34 DLR (AD) 173. ......some other provisions of the Constitution. If we turn to another definition given in the interpretation clause of the Constitution, we find “the Service of the Republic" which means, any service, post or office whether in a civil or military capacity in respect of Government of Bangladesh and an...... jurisdiction unless it is coram non judice or mala fide. Cases Referred To- High Commissioner for India vs. I. M. Lall, AIR 1948 PC 121; Khandker Ehteshamuddin Ahmed Vs. State (1981) 33 DLR (AD) 154; Harinagar Sugar Mills Vs. Shyam Sundar, AIR 1961 SC 1669; Bharat Bank Ltd. Vs. Employees of..Category: Constitutional Law | Date: | Hits: 188
Md. Enayet Ali Vs. Munsif of First Court at Khulna & Election Tribunal and others, 1982, 11 CLC (AD)
..... He was neither found at his residence nor at the polling centre. The Election Officer-cum Returning Officer lodged a complaint to the police station at Khulna and Khulna P.S. Case No. 41/77 was registered under M.L.R. 17/75 and the Presiding Officer was arrested by the police. (d) ......ourt in 27 DLR (AD) 337 and further the rule laid down in 28 DLR (AD) 51 has no manner of application. In the other case, the Presiding Officer went out to answer the call of nature. These are all post-poll affairs. These had nothing to do with the election of the candidate for Chairmanship and ......nt building where electricity was available. This shifting from one place to another place definitely cannot be characterised as removal within the meaning of law laid down by this court in 27 DLR (AD) 337 and further the rule laid down in 28 DLR (AD) 51 has no manner of application. In the othe..Category: Election Law | Date: | Hits: 121
Commissioner of Income Tax Vs. Mrs. Masuda Khatun, 1982, 11 CLC (AD)
.... to accrue or arise to him during such year. 8. Explanation 3 to the section is in the following terms:— "A dividend paid within Pakistan by Company formed and registered under the Companies Act, 1913 and having its registered office in Pakistan shall be dee......e the exemption illusory. Accordingly, the answer to the question framed must be in the affirmative. The appeals are, therefore, dismissed without any order as to costs. Ed. ......e the exemption illusory. Accordingly, the answer to the question framed must be in the affirmative. The appeals are, therefore, dismissed without any order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 75
Nurjahan Begum, wife of Mahmudur Rahman Vs. Mahmudur Rahman Mullick , 1982, 11 CLC (AD)
....een the Muslims. 11. In a benami transaction source of purchase money is an important criteria but it is not conclusive. The initial presumption in the case of a transfer concluded by a registered deed is in favour of the person whose name appears as the transferee in the deed, but t......not be sustained. In the result the appeal is allowed, judgment and decree of the trial Court and those of the High Court Division are set aside and the suit is dismissed with costs. Ed. ......not be sustained. In the result the appeal is allowed, judgment and decree of the trial Court and those of the High Court Division are set aside and the suit is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 448
Bengal Water Ways Ltd. and other Vs. Rahimuddin Ahmed and others, 1982, 11 CLC (AD)
...., which were however not fully paid. In the circumstances, respondent No.1 filed an application in 1973 under section 162 of the Companies Act, for winding up the Company. The application was registered as Matter No. 15 of 1973, which was however dismissed by the learned Company Judge ......private limited Company more or less as a partnership. With these words I concur with the judgment delivered by my learned brother Masud, J. and dismiss the appeal with costs. Ed. ......private limited Company more or less as a partnership. With these words I concur with the judgment delivered by my learned brother Masud, J. and dismiss the appeal with costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 110
Shamsul Alam Vs. Superintendent of Police, Bangladesh Railway and other, 1981, 10 CLC (AD)
....ting period without any other fact or circumstances does not confer on the person so officiating any substantive right. In this view of the matter this petition is dismissed. Ed. ......oted to act as officiating Sub-Inspector in the following terms- "A. S. I, Shamsul Alam of Dacca GRPS is promoted to act O.S.I. in place of permanent vacancy w/e. from 4.6.67 and posted to Dacca GRPS." Mr. Khan quoting Part III of Rule 741 of the Police Regulati......ting period without any other fact or circumstances does not confer on the person so officiating any substantive right. In this view of the matter this petition is dismissed. Ed. ..Category: Employment/Service Law | Date: | Hits: 83
James Finlay and Co. Ltd. Vs. Chairman, Second Labour Court, Dacca and another, 1981, 10 CLC (AD)
....this Act and intends to seek redress thereof under this section shall observe the following procedure: (a) the worker concerned shall submit his grievance to his employer, in writing by registered post, within fifteen days of the occurrence of the cause of such grievance and the empl......d intends to seek redress thereof under this section shall observe the following procedure: (a) the worker concerned shall submit his grievance to his employer, in writing by registered post, within fifteen days of the occurrence of the cause of such grievance and the employer shal......tion 25 of the Act and Civil Appeal Nos. 46 and 47 of 1978 are "disposed of accordingly and will abide by the decisions of the Labour Court. There will be no order as to costs. Ed. ..Category: Labour and Industrial Law | Date: | Hits: 91
Khabiruddin and others Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
....te Judge, Sylhet that suit was renumbered as Title suit No. 75 of 1973. 2. The plaintiffs' case in brief, is that their predecessors took Settlement of the suit land from Ram Proshad by two registered kabuliyats dated 10th Baisakh 1375 BS Exts. 1 and 1(a), for three years and after the ex......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. ......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)
....), had left for Pakistan immediately after the independence of Bangladesh. The said Abdul Khaleque Bain obtained settlement of the disputed property from the Government in 1958, the lease deed was registered in 1959 and he constructed a building on the land and left it out to tenants. The Minist......etitioner summarily. In the result, therefore, this appeal is allowed and the impugned proceeding pending in the Court of the Chief Metropolitan Magistrate, Dhaka is quashed. Ed. ......etitioner summarily. In the result, therefore, this appeal is allowed and the impugned proceeding pending in the Court of the Chief Metropolitan Magistrate, Dhaka is quashed. Ed. ..Category: Criminal Law | Date: | Hits: 51
Khulna Newsprint Mills Ltd. Vs. Khulna Newsprint Employees Union, 1973, 2 CLC (AD)
.... directing the reinstatement of Nurul Gani, is set aside. In the circumstances of the case, the parties are left to bear own costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 85. ......d. Shamsul Huq reported in 22 D.L.R. (S.C.) 284. The respondent in that case was appointed as an Attendant in the Pakistan Industrial Development Corporation and was subsequently confirmed in his post but his services were terminated on 2nd April, 1964 with immediate effect on the ground that ...... directing the reinstatement of Nurul Gani, is set aside. In the circumstances of the case, the parties are left to bear own costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 85. ..Category: Labour and Industrial Law | Date: | Hits: 107
Sirajul Islam Vs. State, 1973, 2 CLC (AD)
....ourt and acquit the appellant. M. R. Khan, J.—I agree. Sajjad Ahmed Jan, J.—I agree. Wahiduddin Ahmed J.—I agree. Ed. This Case is also Reported in: 25 CLC (SC) (1973) 73. ......or Rs. 250/- as mentioned in Ex. 39 was the cheque given by Mr. M.B. Farooqui, a Class I Officer of the Labour Division. According to the evidence of Hamid Hussain, Mr. Farooqui gave this cheque, a post-dated cheque, and took Rs. 250/- from the cash. Thus, Mr. Farooqui took an advance of Rs. 250/-......ourt and acquit the appellant. M. R. Khan, J.—I agree. Sajjad Ahmed Jan, J.—I agree. Wahiduddin Ahmed J.—I agree. Ed. This Case is also Reported in: 25 CLC (SC) (1973) 73. ..Category: Anti-Corruption Laws | Date: | Hits: 142
Asif Ali, s/o Ahmed Ali Vs. State, 1973, 2 CLC (AD)
....ult. For the reasons stated above, I do not think that the matter calls for our interference. The appeal is dismissed. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 68. ......nt thereafter for an adjournment to engage another counsel was an effort in the same direction, that is to say, not to have the appeal decided by the learned Single Judge on that day, and to get it postponed. 7. In the circumstances stated above, I am unable to find any fault with the lea......ult. For the reasons stated above, I do not think that the matter calls for our interference. The appeal is dismissed. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 68. ..Category: Criminal Law | Date: | Hits: 78
Tripura Modern Bank Ltd. Pakis. Zone, Chittagong Vs. Khan Bahadur Khalilur Rahman, 1973, 2 CLC (AD)
....The respondent No. 3, Mohammad Islam, who is brother of respondent No. 1, stood surety for defendant No.1 and granted repayment of the outstanding dues on the above overdraft account by executing a registered letter of guarantee on the 11th of December, 1914. Accordingly the overdraft was allowed ......ment and decree of the High Court are set aside and these of the trial Court restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 34. ......ment and decree of the High Court are set aside and these of the trial Court restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 34. ..Category: Banking Law | Date: | Hits: 230
Nazir Ahmad, Divisional Engineer, Telephones (Gulberg) Lahore Vs. Pakistan, 1973, 2 CLC (AD)
....e the impugned order was passed, and that he should be allowed all the benefits consequent thereon. There shall be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 28 ......ected after one competitive examination will be deemed to have been appointed at one time to take their training regardless of fact whether they take it together or separately in different groups and posted to their jobs on different dates. Their seniority inter se will depend on the number of m......e the impugned order was passed, and that he should be allowed all the benefits consequent thereon. There shall be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 28 ..Category: Employment/Service Law | Date: | Hits: 103
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