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Bangladesh & others Vs. A. K. M. Zahangir Hossain, 1981, 10 CLC (AD)
....he question raised as to the standing of a subordinate police officer to maintain a writ petition before the High Court Division is available to him. The answer will depend upon a discussion of relevant provisions of the Constitution. The provisions of the Constitution chiefly for our disc......r when transmitting such petition to the appellate authority, shall send the proceedings, service book or roll and confidential report of the appellant, together with a covering letter. Only relevant papers shall be sent and they shall be property flagged for reference. 53. Regulation 884 prov......iplined force, he is debarred from invoking the writ 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,...... 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. ..Category: Constitutional Law | Date: | Hits: 188
General Manager Jamuna Oil Company Ltd. Vs. Golap Rahman & another, 1982, 11 CLC (AD)
....e. 6. Mr. Rokanuddin Mahmood, Counsel for respondent No, 1, referred to Ext. A (1) dated 1.9.73 to show that he did not enjoy all the facilities of Group III Management staff. The relevant portion from this exhibit is quoted below— "It is agreed that the......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. ...... Appellant. Rokanuddin Mahmood Advocate instructed by Md. Aftab Hossain, Advocate-on-Record— For the Respondent No. 1. Civil Appeal No. 141 of 1980. (From the judgment and order dated July 18, 1980 passed by the High Court Division in Writ petition No. 672 of 1978). ......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. ..Category: Labour and Industrial Law | Date: | Hits: 97
Bangladesh Vs. Winifred Rubi & ors., 1982, 11 CLC (AD)
....nt for accommodation of another Government servant is not a public purpose (Krishnadhan Sarkar vs. East Pakistan 14 D.L.R. 634). Playground for the benefit of our children may be considered in the relevant circumstances as public purpose. This questions whether it is a public purpose or not cann...... 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. ......il) Present: Kemaluddin Hossain CJ Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Bangladesh, represented by the Deputy Commissioner, Dacca and another............Appellant Vs Winifred Rubi & ors………...... 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. ..Category: Property Law | Date: | Hits: 65
Md. Enayet Ali Vs. Munsif of First Court at Khulna & Election Tribunal and others, 1982, 11 CLC (AD)
....ents on the sealed packets. The Presiding Officers shall prepare the ballot paper account in Form "L”. He shall then send the packets, the count-sheets prepared by him and other relevant records to the Returning Officer without delay under escort. In flagrant violation of the...... (b) election was vitiated on account of violation of rules 37, 38 and 39 of the Paurashava Election Rules, (c) according to rule 39 the Presiding Officer is required to seal all papers connected with the election and put them in separate packets and shall thereafter obtain th...... Ahmed J Md. Enayet Ali…………………………...Appellant. Vs. Munsif of First Court at Khulna & Election Tribunal and others....................... Respondents Judgment June 19, 1981. Lawyer...... 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. ..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. ......ding against the 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......l, Maksudur Rahman, Deputy Attorney General, instructed by A.W. Miah, Advocate-on-Record—For the Respondent No. 1. Criminal Appeal No. 25 of 1980. (On appeal from the judgment and order dated 13.12.1979 by the High Court Division in Criminal Revision No. 539 of 1978). ...... 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. ..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: ......sided over by Lord Goddard CJ. The facts are that on October 27, 1948, the applicant was brought before a Court Martial, on a charge of desertion. He pleaded that he had never received calling up papers. The plea was allowed, and on November 29, 1948, a new Court was convened. It was then proved......s also Reported in: ......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: ..Category: Constitutional Law | Date: | Hits: 327
Al-Sayar Navigation Co. Vs. Delta International Traders Ltd. and ors., 1982, 11 CLC (AD)
....il Appeal No. 38 of 1981 by the plaintiff. 2. The suit was filed by the plaintiff under section 6 of the Admiralty Court Act, 1861. Facts are simple. There was salt crisis in Bangladesh during the relevant time and the Government allowed import of salt. The plaintiff tried to import salt from Ind......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: ......im J Ruhul Islam J BH Chowdhury J Shahabuddin Ahmed J Al-Sayar Navigation Co……………………Appellants (In Civil Appeal No. 15 of 1981). Vs. Delta International Traders Ltd. and others……………………. Respondent And Delta International Traders Ltd and others......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: ..Category: Admiralty Law or Maritime Law | Date: | Hits: 264
Commissioner of Income Tax Vs. Mrs. Masuda Khatun, 1982, 11 CLC (AD)
....anies is granted on fulfillment of certain conditions attached to Section 15-BB; (c) had the legislature intended to exempt the dividend income in the hands of the shareholders, relevant amendment would have been passed to give effect to that intention. The learned Counsel dre......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. ...... 172; Nawab Habibullah V. Com. of I. T, Bengal AIR 1943 (PC) 20; Md. Isa V. Com. I. T. C & U, Prov. AIR 1942 (All) 194; I. T. Com Vs. EVH. Miller PLD 1956 (Lah) 45; Hamilton Vs Commissioner, Inland Revenue '6 Tax Cases 221; Cape Brandy Syndicate vs. I.R. (1921) 1KB 54; H. L. Canadian Eagle Oi......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)
....deed, but this presumption is rebuttable. Source of consideration money though important criteria in a benami transaction but in the absence of an unambiguous ownership consideration of other relevant circumstances become important in a case where ownership is disputed. The disputed qu......operties by exchange she has been possessing and enjoying the income therefrom. In support of her claim to the property as the owner she adduced evidence and produced all the relevant title deeds, papers and accounts. 13. On perusal of the judgment of the High Court Division, affirming t......uddin Ahmed J Nurjahan Begum, wife of Mahmudur Rahman………...................................Appellant Vs. Mahmudur Rahman Mullick being dead his heirs and legal representatives:- Musammat Nurjahan Begum, first Wife already on record as Defendant......rivy Council laid stresses on the factum of possession of the property and the collection of rents. Incidentally it may be mentioned that in a disputed case of benami, custody of the documents is a relevant factor to be considered. 12. In the instant case the plaintiff marr..Category: Property Law | Date: | Hits: 448
Assessing Officer, Narayangonj Range and others Vs. Burmah Eastern Ltd., 1981, 10 CLC (AD)
....alter the valuation, while making assessment of the tax payable in a holding, in other words, only in cases where assessments are yet to be completed and tax is payable. 13. On a perusal of the relevant rule, we think that if the intention of the legislature was to give the assessing officer w......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:......is Case is also Reported in:......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:..Category: Fiscal/Taxation Law | Date: | Hits: 76
Sonali Bank Vs. Abdul Mannan and others, 1981, 10 CLC (AD)
....rcular and memo of the Ministry of Finance dated 27.10.75 to the effect that the Government had decided not to allow the payment of the exchange value of demonetised Pakistani currency notes is irrelevant so far the facts of the case are concerned inasmuch as the question in this case is whether......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: ...... CJ Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Sonali Bank…………….....................................Appellant Vs. Abdul Mannan and others..............................Respondents Judgment February 24, 1981. Result: ...... in relation to the undertaking within the territory of Bangladesh or in relation to the business of such undertaking outside Bangladesh, and all books of accounts, registers, records and all other documents of whatever nature relating thereto and shall also be deemed to include all borrowings, ..Category: Banking Law | Date: | Hits: 129
James Finlay and Co. Ltd. Vs. Chairman, Second Labour Court, Dacca and another, 1981, 10 CLC (AD)
.... the definition of the word 'worker’ as provided in the Ordinance as well as its object, scheme and other provisions. Two decisions which considered the definition of 'worker' and other relevant provisions along with the scheme and object of the Ordinance have already found the existe......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. ......ate Division (Civil) Present: Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J K.M.Subhan J Badrul Haider Chowdliury, J. James Finlay and Co. Ltd.................. Appellants (in C.A. Nos. 26 & 27 of 1978) Vs. The ......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
Promode Ranjan Saha and others Vs. Govt. of Bangladesh and another, 1981, 10 CLC (AD)
....as also dismissed. The Appellants thereafter filed a Second Appeal where it was recorded by a Division Bench that "Mr. A.W, Chowdhury, the learned Advocate for the Appellants, submits that the relevant compensation assessment roll has already been published and prepared and as such he does n...... President's Order No. 90 of 1972 and accordingly, the appeal and the suit have abated. The appeal is accordingly dismissed it having abated but without any order as to costs. Ed. ......vision (Civil) Present: Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Promode Ranjan Saha and others………………………... Appellants. ...... President's Order No. 90 of 1972 and accordingly, the appeal and the suit have abated. The appeal is accordingly dismissed it having abated but without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 66
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. ......yats, Exts. 1 and 1 (a), and also to produce Wazibul Arz and other documents, if any. After remand plaintiffs took out a local investigation and filed the Wazibul Arz, a certified copy of the thak papers maintained by the Government Collectorate, and thak and other maps of the suit mouza before ......al is dismissed. No costs. Ed. ......for giving a chance to the plaintiffs to relay the suit land for ascertaining whether the same is covered by the land of the kabuliyats, Exts. 1 and 1 (a), and also to produce Wazibul Arz and other documents, if any. After remand plaintiffs took out a local investigation and filed the Wazibul Arz..Category: Property Law | Date: | Hits: 69
Alhaj Md. Serajuddowlah Vs. The State, 1991, 20 CLC (AD)
....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. ......rty ever since it became abandoned under the law. The Government decided to sell the disputed property along with other abandoned properties and accordingly called for tender on 2.1.85 through Newspapers. One Syed Altaf Hossain became the highest bidder for the disputed property offering Tk. 84,...... Appellant. Shahabuddin Ahmad, Deputy Attorney-General instructed by Mohammad Ayub, Advocate-on- Record -For the Respondent. Criminal Appeal No. 19 of 1989. (From the Judgment and Order dated 21 May, 1989 passed by the High Court Division, Dhaka Bench, in Criminal Revision N......erted, is an abandoned property and nobody has any right to make a transfer of the same without the permission of the Government. The sale deeds in question it is alleged, are forged and fabricated documents, executed illegally and collusively for the purpose of making illegal gain of the valuabl..Category: Criminal Law | Date: | Hits: 51
Mst. Qaiser Khatoon and 12 others Vs. Mvi. Abdul Khaliq and others, 1973, 2 CLC (AD)
....eld that according to this section if the custom alleged is not proved the personal law must be followed. 23. In any event, the question of onus of proof has lost its importance now after all the relevant evidence has been adduced and placed on the record (Vide Ranaka Vs. Radha Rao A.I.R. 1950 P......ing his report a final decree for possession will have to be drawn up. Since success is divided each party will bear his own costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 104. ......4. ......ecree of the trial Court and remanded the case for further enquiry to the trial Court on the 9th April, 1944 for considering the question of setting aside the abatement and for admission of certain documents according to law. The trial Court, on remand, held that there had been no abatement of the..Category: Civil Law | Date: | Hits: 117
Bangladesh Vs. Naziruddin Ahmed, 1973, 2 CLC (AD)
....sputed there that by reason of an amendment effected as far back as on the 28th February, 1959 in the rules framed under the Public Conduct (Scrutiny) Ordinance 1959 (Ordinance III of 1959), at the relevant time, i.e., when the Governor referred the charge of inefficiency against the plaintiff to ......f the High Court are reversed. The plaintiff's suit is dismissed. In the circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 94. ......istan Civil Service (Executive). At the time of the Revolution of 1958 he was employed as an Officer on Special Duty in the Home Department of the Government of erstwhile Province of East Pakistan; and was placed in charge of East Pakistan Government Press at Tejgaon, Dacca. His case having be......f the High Court are reversed. The plaintiff's suit is dismissed. In the circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 94. ..Category: Administrative Law | Date: | Hits: 106
Bangladesh Vs. Abdul Wadud and ors., 1973, 2 CLC (AD)
...., 1972. Ex parte decree The plaint is no evidence for the proof of the plaintiff’s case. The plaintiff is not entitled to obtain ex parte decree without producing the relevant documents on the basis of which relief is sought for…………(16 and 18) Lawyer Invo......s remanded to the trial Court for disposal in accordance with law. In the circumstances of the case there will be no order as to cost. Ed. This Case is also Reported: 25 DLR (SC) (1973) 90. ......reme Court Appellate Division (Civil) Present: A.M. Sayem CJ Mahmud Hussain J A. Jabir J Bangladesh.............................................Appellant Vs. Abdul Wadud and others................................Respondents Judgment November 30, 1972. ...... Ex parte decree The plaint is no evidence for the proof of the plaintiff’s case. The plaintiff is not entitled to obtain ex parte decree without producing the relevant documents on the basis of which relief is sought for…………(16 and 18) Lawyer Involved: ..Category: Others | Date: | Hits: 103
Karachi Stock Exchange Vs. Kurban Ali M. Merchant and others, 1973, 2 CLC (AD)
....15,000 from the Karachi Stock Exchange Ltd., or a lesser amount that may be with the Karachi Stock Exchange Ltd., claimable by her on the date of this order''. (The rest of the order is not relevant for the purposes of this appeal). A year later, on the 2nd February 1962, the plaintiff ...... the present case, created by rule 3(iv) of Forward Contracts Rules of the Exchange, viz. that it amounts to a 'floating security'. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 82. ......yments to be made in settlement of forward transactions. Since the defendant had not done any forward transaction since January 1961 her security deposit would not be subject to any such lien in 1962 and hence the order of the High Court that the deposit be paid into the court in pursuance of an ord...... the present case, created by rule 3(iv) of Forward Contracts Rules of the Exchange, viz. that it amounts to a 'floating security'. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 82. ..Category: Business or Commercial Law | Date: | Hits: 74
Sirajul Islam Vs. State, 1973, 2 CLC (AD)
....s of Rs. 200/- and Rs. 1.300/-, according to him, were paid as advances to Mr. Zahurul Huq and Mr. Rahman Ghani by the concerned cashiers. 5. After an elaborate examination of the evidence and the relevant materials on record, the learned Special Judge found that there was already a shortage at t......ng to the cash received or disbursed was made in the cash-book after 13-2-59. In the absence of entries in the regular cash-book, Mr. Farooqui looked into the rough cash-register and some other rough papers and therefrom estimated that the cash in hand on 4-3-59 should have been Rs. 4,215-6-8 and no......at the advance of Rs 1300/- to Mr. Ghani was made with a criminal intent or with a view to making any wrongful gain or wrongful loss. Therefore the appellant is entitled to benefit of doubt…….(21 and 22) Lawyer Involved: Tufail Ali A. Rahman, Senior Advocate, Supreme Court, instructed by ......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
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