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Shamuj Ali and other Vs. Kamalarma Bibi and others, 1980, 9 CLC (AD)
....e other point it that total avoidance of any reference to execution in 144 which repeals s. 583 of the preceding Code of 1882 wherein specific references was made to execution clearly indicates the legislative intent to keep restitution completely separate from execution. In respect of the last ......xecution 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. Ahmed has relied upon a number of Indian decision, particularly the following cases: Parmeshwar Singh vs. Sitaldin Dube AIR 1934 All 626; F.B..Category: Procedural Law | Date: | Hits: 111
Ful Chand Das and others Vs. Mohammad Hammad and others, 1982, 11 CLC (AD)
....sp; By East Pakistan Disturbed Persons (Rehabilitation) (Amendment) Ordinance, 1968, life of the Ordinance No. 1 of 1964 was extended upto March 31, 1969. 14. From the legislative actions taken in extending life of Ordinance No. 1 of 1964 from time to time and also a......reed and the sale-deed was ordered to be cancelled, On appeal by the defendant No. 2 a Division Bench of the High Court Division concurred with the trial Court's findings of fact, but relying on a decision in the case of Chittaranjan Sutar v. Secretary, Judicial Department, Government of East Pa..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. ......e. The question is whether these two reliefs come within the meaning of the expression ''same relief" as occurring in section 14(2) of the Limitation Act Mr. Salam has made references to some decisions of the Indian Jurisdiction to show that the reliefs in the Act, should be of similar natu..Category: Property Law | Date: | Hits: 54
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. ......r respective claims to possession of the land. If the Magistrate considers the case as one of emergency he may at any time attach the subject-matter" of the dispute pending his decision under this section. Section 107, on the other hand, simply empowers a competent Magis..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. ......eciation and it cannot be claimed as a matter of right and as such there being no cause of action for seeking remedy by filing the writ petition, the learned Judge by an erroneous decision made the impugned declaration in favour of the respondent. 6. It appears from the j..Category: Criminal Law | Date: | Hits: 171
M/s. Everett Orient Lines Inc. Vs. Commissioner of Income Tax Ctg Zone, Ctg, 1982, 11 CLC (AD)
..... 8. It is obvious that the learned Judges have fallen into an error of law in coming to the conclusion that the provisions similar to those contained in rule 9(2) can only be made by a legislative enactment and not by subordinate legislation made by the National Board of Revenue. Wit......ith law." Income Tax Officer was directed to revise the assessment order accordingly. 2. Thereafter, the Department preferred appeal before the Appellate Tribunal against the decision of the Appellate Assistant Commissioner in allowing additional depreciation on the t..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. ......ication No. 157 of 1972. Judgment: Ruhul Islam J.-This appeal by special leave arises from a decision of the High Court Division on an application under section 17(2) of the Sales-tax Act, 19..Category: Fiscal/Taxation Law | Date: | Hits: 95
Mofizur Rahman Khan Vs. Government of Bangladesh, 1982, 11 CLC (AD)
.... given. Now while agreeing with the conclusion, some general observations of mine is called for, It Is first to be observed that Bangladesh Parliament by virtue of Article 65 has plenary or supreme legislative power conferred upon it, and this power is exercisable subject to the Constitution The C......l not make any law inconsistent with the Fundamental Rights, and any law to made shall to the extent of the consistency be void. 3. Before entering into this question, I will refer to some of the decisions from a long string of cases cited at the Bar. They are: United Province vs. Atiqa Begum, 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. ......sp; K. Hossain CJ.- have had the advantage of going through the judgments delivered by my learned brothers Ruhul Islam and Badrul Haider Chowdhury, JJ; and I concur with the decision of Ruhul Islam, J. &nbs..Category: Criminal Law | Date: | Hits: 40
....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.
......ders dated July 2, 1980 passed by the High Court Division in Application Nos. 10 of 1977 and 11 of 1978 respectively.)
Judgment
Ruhul Islam J.- These two appeals by special leave arise from the decision of the High Court Division under section 66(1) of the Income-tax Act answering the question..
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. ......therefore, it has been suggested that it should be reduced to compulsory retirement. Once judicial mind has oscillated on the question of punishment and the harshness has become apparent, the only decision that is called for is to say whether the punishment is contrary to the recommend..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. ......n by use of the machinery expressly provided by the Act would appear to be inconsistent with the statutory obligation to pay arising by virtue of the assessment." 9. Thus the decision of the Privy Council that a suit will not lie on any ground whatsoever, to set aside..Category: Fiscal/Taxation Law | Date: | Hits: 85
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. ......o his mother, and the latter did not have any independent advice about the terms of the transaction and the documents were not read out and explained to her. The lower Appellate Court affirmed the decision on taking the view that Meher Afzan Bibi was a pardanashin lady who had no independen..Category: Property Law | Date: | Hits: 57
....persona! hearing has, in any way, prejudiced the respondent.
For the reasons stated above, the appeal is allowed but without any order as to costs.
Ed.
This Case is also Reported in:
......ncial loss to the University. Further the inquiry was held lawfully and every reasonable opportunity was afforded to the plaintiff-respondent to defend himself. The trial Court decreed the suit its decision was upheld by the first Appellate Court as well as the learned Judge of the High Court Divi..
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. ......(S.A. No. 648 of 1967) and the High Court Division reversed the finding of the lower appellate court and held that the transaction was an out and out sale. The High Court Division then relying upon a decision of this Division in Civil Appeals No. 31-77 of 1974 held that the transaction was ‘past a..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. ...... Law Regulation by which the amendments have been made to implicate the President in an offence under Regulation No. XI is immune from challenge in any Court." The learned Judges considered the decision of this Court reported in 30 DLR (AD) 207, 32 DLR (AD) 216 and 33 DLR (AD) 154 and added: ..Category: Criminal Law | Date: | Hits: 287
Lebu Mia Vs. Ganesh Chandra Nath and others, 1982, 11 CLC (AD)
....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.......estion, was registered on 21st June, 1976. So the petition was premature and in that view of the matter dismissed the pre-emption case. On revision being taken, the learned Single Judge following the decision in the case of Abdur Rahman @ Abdul Rahman Vs. Maklis Ali, 31 DLR (AD) 118 held that the pr..Category: Property Law | Date: | Hits: 65
Haji Tajamal Ali being dead his heirs: Kamarunnesa & ors. Vs. Abdus Sattar & ors, 1982, 11 CLC (AD)
....iguity" within the meaning of section 9 of the State Acquisition and Tenancy Act. 8. In the result, the appeal is dismissed without, however, any order as to cost. Ed. ......ontiguous to only two of such plots. Both the trial court and the lower appellate court answered the question in the affirmative, and the High Court Division in revision having concurred with that decision the pre-emptee has come in this appeal before us. 2. Facts of this case need..Category: Property Law | Date: | Hits: 66
Bangladesh & others Vs. A. K. M. Zahangir Hossain, 1981, 10 CLC (AD)
.... ambit of Article 135 immediately gets the Constitutional guarantee, which is an exception 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 i......tutory rules governing their service condition. The question is of great public importance and so it was placed before the Full Court by an order dated 8-8-80 of Bench of this Division. After the decision of this important question, the appeals will be disposed of on their respective merits by..Category: Constitutional Law | Date: | Hits: 188
General Manager Jamuna Oil Company Ltd. Vs. Golap Rahman & another, 1982, 11 CLC (AD)
....dinance shows that the Court itself either cannot compel the attendance of such member or extract his advice. For the reasons stated above, the appeal is dismissed with costs. Ed. ...... dissatisfied with the judgment of the Labour Court the appellant company moved the High Court Division by filing an application under Article 102 of the Constitution. In agreeing with the decision of the Labour Court, the learned Judges of the High Court Division held that respondent No..Category: Labour and Industrial Law | Date: | Hits: 97
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