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Shamuj Ali and other Vs. Kamalarma Bibi and others, 1980, 9 CLC (AD)
....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: ......l adopt a construction which maintains rather than disturbs the equilibrium in the field of execution". 13. Restitution under s. 144 C.P.C. means restoration of a right or of a property to a person who has been deprived thereof by wrongful order of the Court which ii reversed. In English la..Category: Procedural Law | Date: | Hits: 111
Ful Chand Das and others Vs. Mohammad Hammad and others, 1982, 11 CLC (AD)
....ent of the High Court Division is maintained. Consequently, this appeal stands dismissed without any order as to costs. Ed. This Case is also Reported in: 3 BLD (AD) 1983, 68. ......fuse permission in cases falling under clause (i) and may grant permission in cases falling under clause (ii). (3) No instrument for transfer of immovable property of a person who is a member of the minority community shall be admitted to registration unless it has b..Category: Property Law | Date: | Hits: 75
Sultan Ahmed, Advocate and others Vs. Haji Sultan Ahmed and others, 1982, 11 CLC (AD)
....gh Court Division dated 5 June 1981, order of the Additional Sessions Judge dated 30th November 1979 and the order dated 16 October 1978 of the learned Magistrate are set aside. Ed. ......cond party were, on the one hand, 'restrained from entering into the disputed land" and, on the other hand, they were asked to execute a bond for keeping the peace. An order restraining a person from entering into a land is-not contemplated in a proceeding under section 107. To meet a s..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. ......ld to be an arbitrary action of the part of the authority of the National Board of Revenue which cannot be sustained in law." The learned Judges held that nonpayment of the reward to the person entitled thereto provides a cause action, and the same can be made the subject matter of a p..Category: Criminal Law | Date: | Hits: 171
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. ......hearing him, that section 9(2) of the said Act wag violative of Articles 29 and 27 of the Constitution in that it clothed the government with naked and unguided direction in the matter of selecting a person for retirement. The Government contested the petition denying the allegation of mala fide a..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. ......some of the inmates of the house of complainant Abdul Jabbar Mollah at about 1 A. M on August 22, 1976. The Special Tribunal by the judgment and order dated June 10, 1978 acquitted all the accused persons from the charge on the ground that the prosecution had failed to prove the case beyond reas..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. ......— In this context it is difficult to understand how the removal of an individual Government Servant can help or further the, cause of national reconstruction particularly when the person concerned has been exonerated of the charge by a competent court of law or when there..Category: Employment/Service Law | Date: | Hits: 92
Bangladesh Vs. Md. Matiur Rahman, 1982, 11 CLC (AD)
....nd misconduct within the meanings of clauses (a) and (b) of rule 3 of the Government Servants (Discipline and Appeal) Rules, 1976 The explanation was not satisfactory and inquiry was held. The Inquiry Officer found him guilty of failure to submit the estimate in time and recommended a minor ......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. ..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. ...... law for the time being in force............... Section 2(9) of the said Act defines, "person" includes an individual, a Hindu undivided family, a firm, an association of persons or a body of individuals whether incorporated or not, a Company, Government of a Provi..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. ...... 5. Being aggrieved, the appellant moved this court and obtained leave to consider the following submissions regarding the service of notice upon the respondent. "First, notice was served by personal service and secondly, by registered post which was proved by acknowledgment receipt bear..Category: Tenancy Law | Date: | Hits: 67
Rokeya Khatun Vs. Alijan @ Alijan Bepari and ors., 1982, 11 CLC (AD)
....he modification that the suit is decreed in part in favour of the appellant to the extent of the 1/3 rd share in the suit property. Respondent No. 1 is to pay cost of the appeal. Ed. ......t No. 2. Mahtabuddin Miah, Leave was granted to examine the question whether the learned Judge of the High Court Division was correct in holding that a subsequent transferee from a person claiming benefit under a document executed by a pardanashin lady was not fastened with burde..Category: Property Law | Date: | Hits: 57
.... be examined in person, he shall cause a departmental inquiry to be held. The delinquent, if he so desires may be accompanied by another University employee and the officer of the Committee of Inquiry shall give the delinquent all reasonable facilities for the conduct of defence including th......ance or under any Statute, University Ordinance, or Regulation made thereunder, shall be called in question in any Court and no suit, or prosecution or other legal proceeding shall lie against any person for anything in good faith done or intended to be done under this Ordinance or any statute, ..
Category: Employment/Service Law | Date: | Hits: 109
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. ......tial Law Court. (2) If any judgment or decision of a Special Martial Law Court it not unanimous, an appellate Tribunal which shall consist of one member to be appointed by the Government from among persons who are or have been Judges of the Supreme Court of or any High Court that functioned at any..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. ......xt contended that in view of the provisions in Article 86 of the Constitution which provides that all moneys received by or deposited with any court to the credit of any cause, matter, account, or person shall be paid into the Public Account of the Republic, Prize Court cannot hold back the mone..Category: Others | Date: | Hits: 116
Abdul Hamid Vs. Abdul Jabbar , 1982, 11 CLC (AD)
....o this modification the appeal is allowed, the order of the High Court Division is set aside and that of the Subordinate Judge is restored. There will be no order as to costs. Ed. ......d from a 'decree', restitution cannot be allowed by any court at its discretion or in exercise of its inherent power. 4. 'Restitution' simply means restoration of something to a person from which it was taken away earlier under an erroneous judgment of a court. Question o..Category: Civil Law | Date: | Hits: 82
Bangladesh & others Vs. A. K. M. Zahangir Hossain, 1981, 10 CLC (AD)
....n categories of faults of a police officer, and they have been treated as offences. Section 5 prescribes five kinds of penalty for the offences prescribed earlier. Section 6 provides the procedure of Inquiry. Section 7 provides for an appeal. Section 8 bars jurisdiction of any Court from challenge o......rpose of ensuring the proper discharge of their duties or the maintenance of discipline of the force- Sub-Article (5) of Article 102 says that, in this article unless the context otherwise requires, "person" includes a statutory public authority and any court or tribunal, other than a court or tribu..Category: Constitutional Law | Date: | Hits: 188
Md. Enayet Ali Vs. Munsif of First Court at Khulna & Election Tribunal and others, 1982, 11 CLC (AD)
.... Court By the majority decision, the appeal is allowed. The orders of the Courts below are set aside and the election petition is dismissed. There will be no order as to cost. Ed. ......the Presiding Officer is required to seal all papers connected with the election and put them in separate packets and shall thereafter obtain the signature of the contesting candidates as their persons or polling agents on the sealed packets. The Presiding Officers shall prepare the bal..Category: Election Law | Date: | Hits: 121
Haripada Biswas Vs. State & another, 1982, 11 CLC (AD)
.... the decision of the High Court Division Is set aside and the proceedings in Criminal Miscellaneous Case No. 687 of 1978 of the Court of Sessions Judge, Bakerganj are hereby quashed. Ed. ...... Magistrate himself starting a criminal miscellaneous case. The proceeding is still pending before he Magistrate and the allegation is that he obtained some signatures on blank papers from the person who in the pending ease is figuring as a party. The proceeding is still pending but al..Category: Criminal Law | Date: | Hits: 61
Jamil Huq and 11 others Vs. Bangladesh and others, 1981, 10 CLC (AD)
....lication under Article 104 of the Constitution is rejected. The verbal prayer for stay of the execution of the sentences made by Mr. MH Khandker is refused. Ed. This Case is also Reported in: ......ll Bench, centring round the question, whether section 270 of Government of India Act was applicable, which required sanction of the Government; before civil or criminal proceeding is taken against a person, for acts done in execution of duty as the servant of the Crown of India. The Full Bench held..Category: Constitutional Law | Date: | Hits: 327
Commissioner of Income Tax Vs. Mrs. Masuda Khatun, 1982, 11 CLC (AD)
....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. ......provision of the enactment is looked at it is found that income tax is charged for any year at the rate fixed by the relevant Finance Act in respect of the total income of the previous year of any person (sec.3). "Person'' has been defined in section 2(9) which includes an individual, a Hi..Category: Fiscal/Taxation Law | Date: | Hits: 75
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