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Bangladesh Vs. Winifred Rubi & ors., 1982, 11 CLC (AD)
.... 7. In the result, therefore, this appeal is allowed. And the Judgement of the High Court Division are set aside and the writ petition is dismissed. There will be no order as to cost. Ed. ......20 of 1962 was issued by the Government Secondly, it could not be said to be for public purpose. Lastly, the requisition order was passed malafide. Leave was granted to consider whether the decision of the High Court Division was correct and whether the requisition could be said to have b..Category: Property Law | Date: | Hits: 65
Md. Habibur Rahman & ors. Vs. Hasen Ali Mondal and others, 1982, 11 CLC (AD)
....atal so as to nullify the notification issued on February 4, 1980. The appeal is allowed. The order of the High Court Division is set aside and the Writ Petition dismissed. No costs. Ed. ......ce of rules will not stand in the way of an application of a particular legislation if it can be applied fairly without causing any prejudice to any one." In support, reference was made to our decision in Azizul Molla vs. Taher Ali Sarder (1980) 32 DLR (AD) 61. 9. We think that the a..Category: Employment/Service Law | Date: | Hits: 100
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. ......nbsp; K. Hossain CJ.—I have had the advantage of going through the judgments pronounced by my learned brothers Ruhul Islam and Badrul Haider Chowdhury, JJ. and I concur with the decision of Badrul Haider Chowdhury, J. Fazle Munim J.-..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. ......urisdiction by initiating a Miscellaneous Case himself which is not permissible in law. The proceeding must, therefore, be quashed. In the result, therefore, that appeal is allowed, the decision of the High Court Division Is set aside and the proceedings in Criminal Miscellaneous Case..Category: Criminal Law | Date: | Hits: 61
Jamil Huq and 11 others Vs. Bangladesh and others, 1981, 10 CLC (AD)
....emocratic country with an independent judiciary, the jurisdiction of the superior Courts ate not to be interpreted to have been taken away, and if it is so intended, it may be done by the appropriate legislative or constitutional authority by express words and not by implication. 10. With the fo......rom the Judgment and Order dated 7-9-1981 passed by the High Court Division in Writ Petition Nos. 632 to 637 & 639 to 644 of 1981.) Judgment Kemaluddin Hossain CJ.- In concurring with the decision of my learned brother B. H. Chowdhury, I wish to add a few words on the question of the sco..Category: Constitutional Law | Date: | Hits: 327
Al-Sayar Navigation Co. Vs. Delta International Traders Ltd. and ors., 1982, 11 CLC (AD)
....plaintiff is assessed at Tk. 7,36,040/- and the decree is passed accordingly. Civil Appeal No. 38 of 1981 is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: ......n the said Court." 9. The section is attracted only when damage is done to the goods, due to negligence, misconduct or breach of contract or breach of duty in relation to the goods. In a series of decisions in England it has been settled now that it gives the Courts jurisdiction only when there i..Category: Admiralty Law or Maritime Law | Date: | Hits: 264
Commissioner of Income Tax, Dacca Vs. Adamjee Sons Ltd., 1982, 11 CLC (AD)
....luation which could only be done under sub-rule (9) of rule 8 attempted to value the shares on the market price which is authorised under sub-rule (2). 10. He could not do it both ways. The legislative scheme does not provide for such assessment. The discretion that is given "as the ...... value of the assets has got to be determined........... Of course, some adjustment could be made if the circumstances of the case so require.” 9. This decision was given under the old law before the amendment. But then the Patna High Court took the v..Category: Fiscal/Taxation Law | Date: | Hits: 73
Commissioner of Income Tax Vs. Mrs. Masuda Khatun, 1982, 11 CLC (AD)
.... and gains of an undertaking which have been exempted from tax, the same cannot be said about bonus shares. To claim that such dividend is taxable in the hands of the shareholders is to negate the legislative intention which impelled them from granting exemption. The purpose of section 15-BB is ......Act on giving an affirmative answer to the question of law which was framed as under: “Whether on the facts and in the circumstances of the case the Tribunal was justified in its decision that dividend income from a company whose profit is exempt from tax under section 15-BB..Category: Fiscal/Taxation Law | Date: | Hits: 75
Nurjahan Begum, wife of Mahmudur Rahman Vs. Mahmudur Rahman Mullick , 1982, 11 CLC (AD)
....ed to refer to it as a "pernicious system" but were obliged to recognise it and give effect to such transactions which were otherwise valid. In 1882 the practice of benami received formal legislative recognition when the Indian Trust Act (Act II of 1882) was enacted. The ostensible own......ca wherein the defendant is living. He directed that the plaintiff will get possession of the residence portion of 12, Farashganj Road, Dacca jointly with the defendant. 6. Against this decision the defendant preferred an appeal before the High Court at Dacca, raising several question..Category: Property Law | Date: | Hits: 448
Bengal Water Ways Ltd. and other Vs. Rahimuddin Ahmed and others, 1982, 11 CLC (AD)
....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. ......al purpose a partnership of two brothers, who had only one thing in common viz, animosity and hatred, and it was just and equitable that the company should be wound up. Against the aforesaid decision of the High Court Division the appellants preferred the present appeal and obtained leave..Category: Business or Commercial Law | Date: | Hits: 110
Chairman, D. I. T and another Vs. Chairman, 2nd Labour Court and another, 1981, 10 CLC (AD)
....gh Court Division and the Labour Court are set aside, and the petition before the Labour Court dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) 37. ......n that the DIT is a commercial establishment and the respondent No. 2 is a worker within the meaning of the Employment of Labour (Standing Orders) Act, 1965 and accordingly granted the prayers. The decision of the Labour Court was challenged by way of writ petition by the DIT. The High Court Divis..Category: Labour and Industrial Law | Date: | Hits: 108
Assessing Officer, Narayangonj Range and others Vs. Burmah Eastern Ltd., 1981, 10 CLC (AD)
....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:......of the holding from Tk. 54,822/ to Tk. 31.920/-. 3. Since the taking over of the business of Burmah Shell, the Respondent has been paying the Urban Immovable Property Tax on the basis of the said decision of the Assistant Commissioner. By a Memo dated 20th May, 1970,Taxation Officer, Narayanga..Category: Fiscal/Taxation Law | Date: | Hits: 76
GM, Bangladesh Tea Industry Management Committee Vs. F.H. Chowdhury & anr, 1982 , 11 CLC (AD)
....t the relationship between the parties was that of Master and Servant may not be unqualified. In the result, therefore, this appeal is dismissed without any order as to costs. Ed. ......vice of the respondent F. H. Chowdhury could not be transferred to M/s. United Planters and Traders Limited and accordingly made the Rule absolute. Leave was granted to consider whether the decision of the High Court Division that the service of the respondent could not be transferred to ..Category: Employment/Service Law | Date: | Hits: 92
Sonali Bank Vs. Abdul Mannan and others, 1981, 10 CLC (AD)
....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: ......reminders were given and the respondent was informed that the Government had decided not to pay the equivalent of the demonetized notes and hence the amount cannot be paid. Respondent challenged this decision by filing a writ petition in the High Court Division. The High Court Division noticed the c..Category: Banking Law | Date: | Hits: 129
James Finlay and Co. Ltd. Vs. Chairman, Second Labour Court, Dacca and another, 1981, 10 CLC (AD)
....above were not correctly drawn. A definition in a modern statute provides the vocabulary for understanding the different provisions of the statute. But the definition cannot control the legislative intent or the cypress provisions of the statute, or any particular provisions......diction to interfere with the findings of a domestic tribunal. 2. The High Court exercising its Writ jurisdiction in the nature of certiorari had no jurisdiction to interfere with the decision of the Labour Court, because the Labour Court acted within its jurisdiction in holdi..Category: Labour and Industrial Law | Date: | Hits: 91
Profulla Kumar Chakraborty Vs. Anil Proshad Chowdhury and others, 1981, 10 CLC (AD)
....f default as set out in Ramjan Ali's case. Looked at from any standpoint, the defence of the tenant appellant does not stand. For the reasons stated above the appeal is dismissed with cost. Ed. ......th before the trial Court and on revision by the tenant before the High Court Division. The matter was placed before a learned Single judge of the High Court Division, who on finding some conflicting decisions on the question of default referred it to the Division Bench, which, on consideration of s..Category: Tenancy Law | Date: | Hits: 116
Abdul Quddus Vs. Sec., Cabinet Secretariat. Establishment Div., Govt. of BD & ors, 1981, 10 CLC (AD)
....in the negative. In the result, therefore, this appeal is allowed and the impugned order is declared to be of no lawful authority. However, there will be no order as to costs. Ed. ......ision came to the conclusion that the employees of the Bangladeshi man are employees of a statutory corporation and their appointments have been made and sanctified by necessary enactments. In that decision it was observed that it was incumbent for the Government to make rules dealing with te..Category: Employment/Service Law | Date: | Hits: 94
Khabiruddin and others Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
....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. ......a Chakraborty, did not show that Rani Proshad ever accepted the rent from the plaintiffs. The findings of the trial Court were not reversed by the appellate Court, after giving the reasons for its decisions, as required under rule 31 (c) of Order XLI of the Code of Civil Procedure. As they have ..Category: Property Law | Date: | Hits: 69
ABM Quabil Ahmed Vs. Bangladesh, 1991, 20 CLC (AD)
....nce of the petitioner that impelled him to file this petition. We find no substance in this petition and it is, accordingly, dismissed. Stay granted by this Court earlier is vacated. Ed. ......d brother, probably due to hurry, did not discuss very material and important questions of law and fact raised which, according to me, required to be considered and decided for coming to a proper decision. Since due to paucity of time it was not possible for me to prepare myself to deliver my ..Category: Procedural Law | Date: | Hits: 128
Mst. Qaiser Khatoon and 12 others Vs. Mvi. Abdul Khaliq and others, 1973, 2 CLC (AD)
....y; (b) the Muhammadan Law, in cases where the parties are Muhammadans, and the Hindu Law, in cases where the parties are Hindus, except in so for as such law has been altered or abolished by legislative enactment, or is opposed to the provisions of this Act, or has been modified by any su......Council, after holding that the leave to appeal granted by the High Court without any certificate under section 596 of the Code of Civil Procedure as to the value of the subject-matter or without any decision under section 595(c) (now sections 110 and 109 respectively) as to its fitness for appe..Category: Civil Law | Date: | Hits: 117
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