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Bangladesh Steamer Agents Association Vs. Bangladesh & others, 1981, 10 CLC (AD)
....tural justice requiring hearing to be granted to a person before being condemned applies not only to judicial or quasi judicial proceedings but also to administrative proceedings provided the relevant statute does not exclude its application end requires the administrative authority c...... any lawful authority. Ed. ......Pal, Senior Advocate, with S. C. Das, Advocate, Instructed by A. Rab-II, Advocate-on- Record.—For the Respondent Nos. 3 & 4. Civil Appeal No 36 of 1979 (From the Judgment and order dated 23.2.79 passed by the High Court Division in Writ Petition No. 1003 of 1978.) ...... any lawful authority. Ed. ..Category: Others | Date: | Hits: 110
Goutam Ranjan Sen and other Vs. Bangladesh and others, 1981, 10 CLC (AD)
..... Moksudor Rahman, Deputy Attorney-General finds difficult to reply. This Division in M/S Dilichand's case has occasion to observe on the effect of the property becoming enemy properly and the relevant passage may be quoted: "Upon a true construction of the laws aforesaid,......rt, in that, the decision of the High Court is confirmed subject to this modification that the suit shall remain stayed so long the suit property. There will be no order as to costs. Ed. ......; Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Goutam Ranjan Sen and other............... Appellant Vs. Bangladesh and others………&h......rt, in that, the decision of the High Court is confirmed subject to this modification that the suit shall remain stayed so long the suit property. There will be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 39
Khandaker Ehtehshamuddin Ahmed @ Iqbal Vs. Bangladesh and others, 1980, 9 CLC (AD)
....judgment and sentences of a Martial Law Court shall be final 14. To verify the factual position, reference to the office file became necessary. The learned Attorney-General being ready with the relevant file in respect of review by the Government and confirmation of the sentence by the Preside......at the order passed by this Division staying execution of the sentence to continue for further ten days from the date of this order. Ed. This Case is also Reported in: 33 DLR (AD) (1981) 154. ......eported in: 33 DLR (AD) (1981) 154. ......at the order passed by this Division staying execution of the sentence to continue for further ten days from the date of this order. Ed. This Case is also Reported in: 33 DLR (AD) (1981) 154. ..Category: Constitutional Law | Date: | Hits: 292
Bangladesh and others Vs. Md. Abdur Rab, 1979, 8 CLC (AD)
.... in the same language, was incorporated in the Constitution. It is sufficient to mention that Sub-paragraph (9) of Second proclamation Order No. IV of 1978 is not available in this case because the relevant Sub-Article (5) only was subjected to numerical change only and it did not suffer "any amen...... the appeal is allowed without any order as to costs. The order of the High Court Division is set aside and the writ re-called. Ed. This Case is also Reported in: 33 DLR (AD) (19781) 143. ......is also Reported in: 33 DLR (AD) (19781) 143. ...... the appeal is allowed without any order as to costs. The order of the High Court Division is set aside and the writ re-called. Ed. This Case is also Reported in: 33 DLR (AD) (19781) 143. ..Category: Employment/Service Law | Date: | Hits: 102
S.Z.M. Nurul Huq Vs. State, 1981, 10 CLC (AD)
....lt that a service of some Senior Advocate was necessary to assist the Court. Accordingly, Syed Ishtiaq Ahmed, Senior Advocate, was requested to appear as arnicas curiae. With reference to relevant Martial Law Regulations the learned Counsel submitted that the Sessions Judge does not act......that an order passed by the reviewing authority is not revisable under section 439 of the Code of Criminal Procedure. In the result both the appeals fail and the same are dismissed. Ed. ......General, instructed by B. Hossain, Advocate-on-Record--For the Respondent. (In both the Appeals). Syed Ishtiaq Ahmed, Senior Advocate—Amicus curiae. Criminal Appeal Nos. 22 and 23 of 1997. (From the Judgment and order dated 13-8-79 passed by the High Court Divisio......that an order passed by the reviewing authority is not revisable under section 439 of the Code of Criminal Procedure. In the result both the appeals fail and the same are dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 62
Nurunnessa and ors Vs. Babr Ali Bepari and others, 1981, 10 CLC (AD)
....ated in substance. 8. Section 33 of the Registration Act says that for the purposes of section 32 the power of attorney shall alone be recognised and here we exclude all other excepting which is relevant for our purpose and that is in clause (c) which says if the principal at any time afore......edule lands of the plaint. The parties will have opportunity to prove the power of attorney in the manner indicated above and in accordance with law, we, however, make no order as to costs. Ed. ......w, we, however, make no order as to costs. Ed. ......taries Ordinance, 1961 that if there is reciprocal arrangement then by reference to section 14 of the Ordinance, 1961 and section 33 of the Registration Act, those notarial acts will be valid and the documents admissible in Bangladesh. 14. If there is no reciprocal arrangement question is whether..Category: Others | Date: | Hits: 128
Abdus Samad & ors Vs. Md. Sohrab Ali and others, 1981, 10 CLC (AD)
....ecision of this Court in Motilal Sikder vs. Benondini Dasi, 28 D.L.R (AD) 5, and whether the same has been correctly applied to the facts and circumstances of this case. 3. Facts relevant for disposal of the appeal are that the pre-emptor respondent No. 1 filed an application ......ge cannot be sustained, therefore, the appeal is allowed with costs and the Judgment of the High Court set aside. Judgment and order of the lower Appellate Court are restored. Ed. ......hmed J Abdus Samad & ors…………………………………Appellant Vs. Md. Sohrab Ali and others..................... Respondents Judgment March 18, 1980. ......ge cannot be sustained, therefore, the appeal is allowed with costs and the Judgment of the High Court set aside. Judgment and order of the lower Appellate Court are restored. Ed. ..Category: Property Law | Date: | Hits: 73
Shamuj Ali and other Vs. Kamalarma Bibi and others, 1980, 9 CLC (AD)
....t and conflicting opinions have been expressed as to the nature of an application for restitution of a property in pursuance of an adverse appellate decree. For proper appreciation of this question relevant provisions of Law are quoted below: Section 144, Civil Procedure Code. S. 144 (1). ......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: ......n: ......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: ..Category: Procedural Law | Date: | Hits: 111
Ful Chand Das and others Vs. Mohammad Hammad and others, 1982, 11 CLC (AD)
....;mission from the Deputy Commissioner, Dacca/Board of Revenue, Government of East Pakistan. An application was filed before the Sub-Registrar stating that the vendors had filed applications to the relevant authorities for issuing necessary permission, and as soon as the same was granted, it-v wo...... India. The plaintiffs were at that time in such state of mind that they readily agreed to his proposal and according to his instruction delivered to him their title deeds together with blank stamp papers and cartridge papers signed or thumb impressed by them. Thereafter, the plaintiffs after ob......t Appellate Division (Civil) Present: FKMA Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Ful Chand Das and others......................Appellants Vs. Mohammad Hammad and others&......t down houses. Then about 11/2 months later defendant No. 1 went to their village and advised them to leave for India as there were chances of fresh riots. He asked them to hand over their property documents, which would be kept in the office of the Indian Deputy High Commissioner at Dacca. They..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. ...... in connection with the proceeding under section 145 denied any apprehension of breach of the peace from their side, but the learned Magistrate (one Mr. Kazi Farid Ahmed) nevertheless, pursued the papers of both the parties relating to the disputed land and by an order dated 16 October 1978 aske......al) Present: F.K.M.A. Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury A.T.M. Masud J Sultan Ahmed, Advocate and others…………………………... Appel......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. ..Category: Criminal Law | Date: | Hits: 51
Govt. of Bangladesh Vs. Md. Arshad Ali, 1982, 11 CLC (AD)
....hich the gold was seized, as per London market's average monthly price @ Tk, 562.63 per tola; and that the price of the gold at Tk. 4,68,913.00 quoted in the writ petition was not the price at the relevant time and that the market price of the seized silver was Tk. 24,932.00 paisa in 1975 as per ......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. ......e Appellants. Rafiq-ul-Huq, Senior Advocate instructed by Serajuddin Ahmed, Advocate-on-Record,—For the Respondent. Civil Appeal No. 118 of 1981. From the judgment and order dated April 30, 1981 passed by the High Court Division in Writ Petition No. 760 of 1980.......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. ..Category: Criminal Law | Date: | Hits: 171
Messrs. Haji Noor Ali Sowdagar & Sons Ltd. Vs. Comm. of Sales, Tax, Ctg Zone, 1982, 11 CLC (AD)
.... to 1-7 66, that is before the assessee became licensed manufacturer, and paid sale-tax on the importation of these raw materials amounting to Rs. 96,170/-. The assesses contended that on the relevant date there was an opening stock of those imported raw materials which were consumed during......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. ......r the Appellant, A.M. Mahmudur Rahman, Advocate instructed by Md. Sajjadul Huq, Advocate-on-Record.—For the Respondent. Civil Appeal No, 100 of 1981. From the judgment and order dated 24-6-1980 passed by the High Court Division in Application No. 157 of 1972. ......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. ..Category: Fiscal/Taxation Law | Date: | Hits: 95
Mofizur Rahman Khan Vs. Government of Bangladesh, 1982, 11 CLC (AD)
....erein and this judgment will dispose of them all. 8. In Civil Appeal No. 73 of 1981, appellant Mofizur Rahman Khan was acting as Deputy Director, Civil Aviation, Government of Bangladesh at the relevant time. By an order dated 16 June, 1978 the Government, in the Ministry of Civil Aviation, re......it shows that he was generally careless, and negligent in duty, taking no interest in his work on the plea that his remuneration was not adequate, that he killed time in office reading novels and newspapers. He was specifically directed to attend a meeting addressed by Air Commodore Islam but he d......………... Appellant Vs. Burhanuddin Ahmed………………………….. Respondent (In Civil Appeal 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 (1...... 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. ..Category: Constitutional Law | Date: | Hits: 188
Abdul Halim Mollah @ Monohar Mollah & anr Vs. Member, App Tribunal Dacca & ors., 1982, 11 CLC (AD)
....ct, because, if the intention of the legislature was to provide an appeal against acquittal, then such power would have been specifically mentioned in the statute. By way of analogy he referred to relevant provisions of the Code of Criminal Procedure, that is Chapter XXXI. He pointed out that th......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. ......resent: Kemaluddin Hossain CJ F. K. M. A. Munim J Ruhul Islam J Badrul Haider Chowdhury J Abdul Halim Mollah alias Monohar Mollah and another……………………Appellant &nbs......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. ..Category: Criminal Law | Date: | Hits: 40
Bangladesh Vs. Md. Misfor Ali and others, 1982, 11 CLC (AD)
....t Petition No. 180 of 1978 declaring the order removing the respondents from service under the President's Order No. 9 of 1972, as illegal and without any lawful authority. Facts in short relevant for disposal of the appeal are that the respondents were employees under the appella......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. ......emaluddin Hossain CJ F. K, M. A Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Bangladesh represented by the Secretary, Ministry of Power and Water Resources ……………… Appellants Vs. M......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. ..Category: Employment/Service Law | Date: | Hits: 92
....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.
......ate of 10% amounting to Tk. 90.000/- and after deduction of the gross profit as shown by the assessee added Tk 32.121/-. In appeal by the assessee the Appellate Joint Commissioner after examining the papers produced by the assessee found that the assessee is a wholesaler in dyes and chemicals and no......ns 13, 66(1)
In case of assessee does not maintain accounts in accordance with method of accounting regularly, the assessing officer has been given the power to reject the accounts of the assessee and take recourse to the proviso to section 13. In such a case, the assessing officer is competent t......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.
..
Category: Fiscal/Taxation Law | Date: | Hits: 100
Bangladesh Vs. Md. Matiur Rahman, 1982, 11 CLC (AD)
....of penalty—minor penalty and major penalties—and there are as many as four types of minor penalties, and four types of major penalties, the question of imposition of punishment becomes relevant for consideration as to the application of mind of the authority concerned. The ......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. ......n Hossain CJ Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Bangladesh represented by the Secretary, Ministry of Public Works and Rural Development and another ……………………&h......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
Rokeya Khatun Vs. Alijan @ Alijan Bepari and ors., 1982, 11 CLC (AD)
....he pardanashin lady is confined to herself only and this benefit is not available to the person upon whom the property might have devolved in the absence of the impugned disposition. The relevant portion of the judgment is quoted below: "25. It is true that there is ......sted to his mother that an Ammuktearnama was necessary to provide him with necessary authority to realise rents from the tenants. Mahtabuddin obtained her thumb impressions on some blank stamp papers for the purpose of making of an Ammuktearnama. On evidence it has been established that Mah...... J Badrul Haider Chowdhury J Rokeya Khatun………………………….... Appellant. Vs Alijan @ Alijan Bepari and ors………...Respondents Judgment November 10, 1981. Cas......, the brother of the appellant, alleging, inter alia, that her brother used to look after and manage the property of her mother and having taken advantage of his position as such obtained the said documents on misrepresentation. The suit was decreed by the trial Court on taking the view that Meh..Category: Property Law | Date: | Hits: 57
....cial procedure.”
10. In order to determine whether the impugned order of dismissal has or has not been in accordance with the provisions of the Ordinance, it is necessary to look into the relevant provisions. To enable us to determine the question, Mr. Huq referred to the following provi......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:
......(Civil)
Present:
Fazle Munim J
Ruhul Islam J
Badrul Haider Chowdhury J
Shahabuddin Ahmed J
East Pakistan (now Bangladesh) Agricultural University, Mymensingh and others…………....... ......................... Appellants
Vs.
Md. Abdul Hye B......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:
..
Category: Employment/Service Law | Date: | Hits: 109
Bangladesh Vs. Hon'ble Judge, Prize Court, HCD, Supreme Court Building, Dacca, 1982, 11 CLC (AD)
.... the Prize Fund undoubtedly belongs to the State, it was held that the fund would only be disposed of by judicial order of the Prize Court in an appropriate proceeding Reference was made to certain relevant Rules under Order XXXIV of the Prize Court Rules, 1939 which are quoted below: ......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. ......ent : F.K.M.A. Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Bangladesh represented by the Secretary, Ministry of Law and Parliamentary Affairs, Government of Bangladesh………………......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. ..Category: Others | Date: | Hits: 116
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