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Registrar, University of Dacca Vs. Dr. Sajjad Hossain And University of Dacca, 1981, 10 CLC (AD)
....sts. Order of the Court In view of the decision of the majority, me appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 348 ...... Screening) Order" and the preamble shows that all the persons who are in the service of Bangladesh are within it and since the object of the enactment is to make the Government institution free from entrust persons, collaborators, officials and other employees wedded to the ideology of Pakista......egory of Government servant. The manner in which I have divided the clauses of the Article, if read with reference to the principal clause, will indicate that each of the separate clauses can be read independently and can have full meaning. 10. It is to be observed that all these three clauses ......the interpretation given therein. 6. The relevant Article may be set out: "A Board shall, upon reference made to it by the Government agencies or an information received in writing from any source. examine the case of a Government servant with reference to his activities, records and such ..Category: Administrative Law | Date: 30 Apr, 1981 | Hits: 67
Dacca Municipal Corporation Vs. Sonali Bank and Ors., 1981, 10 CLC (AD)
....r of the High Court Division is set aside and Writ Petition No. 135 of 1980 is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 470 ......Dacca Pourashava, reported in (1979) 31 D.L.R. (A.D ) 276. The majority view is that the rates charged for services for providing street lighting and conservancy cannot be levied separately from what is charged by way of tax on the annual value on the building and lands. Keeping this decis......f the annual value of the land and building when b.2 value exceeds Taka 10.000/- as in this case. The Property Tax is levied by the government according to this rate as fixed by section 3 of this Act independent of the rate at which the municipal taxes and rates are levied by the Municipal Committee......nce, 1960, East Pakistan Municipal Committee (Taxation) Rules, 1960 and the Model Tax Schedule, 1961. Reference to the Urban Immovable Property Tax Act, 1957 is also necessary in this connection. The source of authority of the Municipal Committee to levy taxes, rates, tolls and fees is the Municipal..Category: Administrative Law, Fiscal/Taxation Law | Date: 10 Mar, 1981 | Hits: 111
Dr. Nurul Islam Vs. Bangladesh & Others, 1980, 9 CLC (AD)
....ts. The decision of the High Court Division is set aside and the impugned order declared to be of no lawful authority. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 140 ......-For the appellant. K.A. Bakr, Attorney General, with A.W. Bhuiyan, Deputy Attorney General, Instructed by B. Hossain, Advocate-on-Record-For the Respondents. Civil Appeal 122 of 1980 from Writ Petition 489 of 1980 Judgment K. Hossain CJ.- Though I agree with the conclusion......se innocently. Malice in fact is quite a different thing; it means an actual malicious intention on the part of the person who has done the wrongful act, and it may be, in proceedings based on wrongs independent of contract, a very material ingredient in the question of whether a valid cause of......ts. The decision of the High Court Division is set aside and the impugned order declared to be of no lawful authority. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 140 ..Category: Administrative Law, Employment/Service Law | Date: 9 Dec, 1980 | Hits: 6
Shamuj Ali & Others Vs. Kamalar-Ma Bibi & Others, 1980, 9 CLC (AD)
....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: 1 BLD (AD) (1981) 131 ...... application for execution of a decree and as such it is not governed by Art. 182 but it is governed by Art. 181 of the Limitation Act. Right to apply for restitution accrues under Art. 181 from the date of the final decree when appeal is preferred from appeallate decree of reversal and no......ound to have been filed within the period of limitation. The learned Subordinate Judge however, took the view that the application for restitution is not an application in execution but it is an independent application for which no specific provision having been made else where in the Limi......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: 1 BLD (AD) (1981) 131 ..Category: Civil Law, Procedural Law | Date: 26 Nov, 1980 | Hits: 2
Mosammat Nurunnahar Begum & another Vs. Abdul Jabbar Mondal & others, 1980, 9 CLC (HCD)
.... compensation. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 56 ......4. The Petitioner Abdul Jabbar Mondal (O.P. No.1 before us) filed an application for pre-emption on the allegation that no notice was served on him and he came to know of the transfer on 20-4-77 only from Dr. Nurul Huq Mondal and his brother Nurul Momin Mondal and thereafter he obtained a certified ......t both of them have failed to consider his evidenced cross-examination. In his evidence in cross-examination P.W. 2 Mokbulur Rahman, the deed-writer, has categorically stated that he has no independent recollections, that the language used in the document was traditional language......rpose. When the purchase is made by the husband in the name of the wife, even slighter evidence would be sufficient. In this case, there was positive evidence to show that the wife had no independent source of income, there was sufficient evidence to prove that the consideration money was paid by Dr..Category: Property Law | Date: 26 Aug, 1980 | Hits: 2
Commissioner of Income Tax, Chttagong Zone Vs. M/S K. Raman & Co. Ltd, 1980, 9 CLC (HCD)
....ncome Tax Act. The question raised in this application having been answered in the affirmative, this application is rejected. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 55 ...... Income Tax Act for the decision of this Court on the question whether an amount received on account of the termination of a contract for sole distributorship for sale of gramophone records from the Gramophone Company concerned can be said to be an income for the purpose of imposition of t......ncome Tax Act. The question raised in this application having been answered in the affirmative, this application is rejected. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 55 ......R. 1932 PC. 138 (Commissioner of Income Tax Vs. Shaw Wallace and Co) held that income connotes a periodical monetary return coming in with some sort of regularity or expected regularity from definite source, excluding anything in the nature of a mere windfall. In the aforesaid case the question whet..Category: Fiscal/Taxation Law | Date: 22 Jul, 1980 | Hits: 2
M/S. Dulichand Omraolal Vs. Bangladesh, 1980, 9 CLC (AD)
..... Pal's contention fails. For these reasons the appeal fails and it is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 1 ......two grounds: one is that the orders of the Respondents dated 20-9-65 and 27-10-65 were not made in accordance with Rule 181, and the other, that after the lifting of Emergency in Pakistan on and from 17-2-69 the provisions of the Defence of Pakistan Rules in respect of Enemy Property becam......y Provision) Ordinance 1969 was promulgated continuing some provisions of the Defence of Pakistan Rules. While the law was so continuing, came the Liberation War and the emergence of Bangladesh as an independent country and the Proclamation of Independence and the Laws Continuance Enforcem......t should refrain from answering, if the validity or legality of the Law could otherwise be decided. In the present case, however, as we have said, we are to look for the validity of the Laws from the sources indicated earlier. A combined reading of Proclamation of Independence, Laws Continuance..Category: Civil Law, Others | Date: 18 Jun, 1980 | Hits: 109
....vations, the appeal is dismissed, the judgement and order of the High Court Division is upheld. There will be no order as to costs.
Ed.
This Case is also Reported in: 1 BLD (AD) (1981) 61
...... Advocate, with K.Z. Alam and Khalilur Rahman, Advocates, instructed by M.R. Khan, Advocate-on-Record-For respondents 1 & 2 (In C.A. 65 of 1980.)
Civil Appeal Nos. 169 of 1979 and 65 of 1980 from Writ Petition Nos. 471 of 1979 and 178 of 1978.
Judgment
Fazle Munim J.- These two ap......hy;ly created, it may be said that such company or enterprise has maintained its corporate character. If, this is not so and its functioning is seen to be controlled by the Corporation, whatever independent entity it might have before its becoming a nationalised enterprise or company is submerg......vations, the appeal is dismissed, the judgement and order of the High Court Division is upheld. There will be no order as to costs.
Ed.
This Case is also Reported in: 1 BLD (AD) (1981) 61
..
Category: Constitutional Law, Corporate Law | Date: 12 Jun, 1980 | Hits: 7
Manager Zeal Bangla Sugar Mills. Ltd Vs. Chairman, First Labour Court and another, 1980, 9 CLC (HCD)
....nt No. 2 Mr. Aminul Huq that the proceeding before the enquiry officer suffers from illegality in view of the fact that respondent No. 2 was found guilty on the evidence of a accused and there was no corroboration of that evidence. This submission would have carried weight if such proceeding would h......de is found in the proceeding before the enquiry officer Labour court cannot reverse his finding. Reinstatement in service— Even when the proceeding before the Enquiry officer suffers from proper compliance with the procedure laid down by the law warranting quashment of the dismissal......of the petitioner against respondent No. 2, this rule is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 1, 2 BLD (HCD) (1982) 57 ......of the petitioner against respondent No. 2, this rule is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 1, 2 BLD (HCD) (1982) 57 ..Category: Labour and Industrial Law | Date: 12 Jun, 1980 | Hits: 2
James Finlay & Co. Ltd Vs. Chaiman Second Labour Court, 1980, 9 CLC (AD)
.... accordingly and will, abide by the decisions of the Labour Court. There will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 21 ......Zahir, Advocate, instructed by S.M. Huq, Advocate-on-Record-For respondent No.2 (In C.A. 26 and 27 of 1978 and appellant in C.A. 46 and 47 of 1978) Civil Appeals Nos. 26, 27, 46 & 47 of 1978 from W.P. Nos. 863 do 864 of 1974. Judgment K. Hossain CJ. - I concur with the decis...... as a consequence of such dispute. The company also denied the plea of his victimisation for any trade union activities. It asserted that the acts of misconduct which ended in his dismissal were independent of any trade union activities as alleged by the employee. Accordingly, there is no scope...... accordingly and will, abide by the decisions of the Labour Court. There will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 21 ..Category: Labour and Industrial Law | Date: 7 Jan, 1980 | Hits: 3
Dhamai Tea Co Ltd. Vs. Arjoon Kumar & another, 1979, 8 CLC (HCD)
....ffirmed. In the facts and circumstances of the case I make no order as to costs. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 432 ......;with Mahbubey Alam-For appellant (In S.A. 27 of 1966) and respondent (In S.A. 443 of 1966) B.K. Das For appellant (In S.A. 443 of 1966) and respondent (In S.A. 27 of 1966) Appeal from Appellate Decree Nos. 27 of 1966 and 443 of 1966 Judgment Mustafa Kamal J. - These tw......ffirmed. In the facts and circumstances of the case I make no order as to costs. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 432 ......tion of the parties must be inferred from the circumstances and conduct of the parties. The Indian Supreme Court has acknowledged Salisbury's Laws of England, 3rd End., Vol. 23 P. 427 as the source of the above provision of law. 13. Mr. M. Hafizullah argues that Ext. 1 (c) being a prov..Category: Administrative Law, Property Law | Date: 11 Dec, 1979 | Hits: 1
Mohammad Faizulla Vs. Govt. of Bangladesh, 1979, 8 CLC (HCD)
....stitution is rejected since the cases do not involve any substantial question of law as to interpretation of the constitution. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 1 ......s. 3. Annexure 'C' to Writ Petition No.527/79 is Establishment Division Notification No. ED (SA-1)-2/79-208 dated the 20th April, 1979 promoting respondent Nos.3 and 4 as Joint Secretary from Deputy Secretary to the Government of Bangladesh. 4. Annexure 'C' to Writ Petition......h, 1971 shall, subject to the Proclamation of Independence dated 10th April 1971, continue to be so in force with such consequential change as may be necessary on account of the creation of sovereign independent State of Bangladesh. On a perusal of the aforesaid provisions of law it would appear tha......stitution is rejected since the cases do not involve any substantial question of law as to interpretation of the constitution. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 1 ..Category: Administrative Law, Employment/Service Law | Date: 10 Sep, 1979 | Hits: 1
.... accordingly discharged. The order staying proceedings of the case is vacated.
A.T.M. Masud J.—I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 241.
......ce report. Further in that case it was not brought to the notice of the Court that section 30(1) of (he Special Powers Act provides that ''save as aforesaid there shall be no appeal from any order, judgment or sentence of a Special Tribunal and no Court shall have authority to revi......der section 27(1) of the Special Powers Act corresponding to an action under section 190(1)(b) of the Code of Criminal Procedure, In such a case the Special judge takes cognizance independent of section 190(1)(b) and on the basis of the power as contained in section27(1...... accordingly discharged. The order staying proceedings of the case is vacated.
A.T.M. Masud J.—I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 241.
..
Category: Criminal Law | Date: 9 Mar, 1979 | Hits: 1
.... a direction "to do that which is required by law to do."
In the result, therefore, both the petition are dismissed.
Ed.
This Case is also Reported in: 1 BLD (AD) (1981) 91
......ecord-For the Appellant (In C.P. No. 71 of 1979)
K.S. Nabi, Advocate, instructed by S.M. Huq, Advocate-on-Record-For the Respondent No.1 (In C.P. No. 70 of 1979)
C.P. Nos. 70 and 71 of 1979 from W.P. 701 of 1977
Judgment
Badrul Haider Chowdhury J.—Those two pet......ned Attorney General has relied on the following passage:
"In this country too, the functions of Government are divided into three distinct branches legislature, executive and judicial-each independent of the other whilst acting within its own sphere. For the harmonious working of such a s...... a direction "to do that which is required by law to do."
In the result, therefore, both the petition are dismissed.
Ed.
This Case is also Reported in: 1 BLD (AD) (1981) 91
..
Category: Constitutional Law | Date: 9 Mar, 1979 | Hits: 2
Chowdhury Md. Yusuf Vs. Bangladesh Biman, 1979, 8 CLC (HCD)
....ess at Tk. 500/- in each. Prayer for leave to appeal in all the cases is refused. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 199. ......angladesh Biman Corporation, briefly the Corporation all of them, were in the employment of the Pakistan International Airlines Corporation, briefly, the PIAC, Prior to the independence of Bangladesh from Pakistan in December, 1971. They were absorbed in the Corporation with continuity of their serv......articipation in the War of Liberation". They have contended that the Government got no power to fix up or disturb seniority in service of employees of the Corporation which, they maintain, it is independent of the Government in the matter of service conditions of its employees. Both these petit......ess at Tk. 500/- in each. Prayer for leave to appeal in all the cases is refused. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 199. ..Category: Administrative Law, Constitutional Law | Date: 19 Jan, 1979 | Hits: 2
Anwarul Huq Khan Vs. Govt. of Bangladesh and others, 1978, 7 CLC (HCD)
....er in rank than the petitioner to hold the enquiry. No order as to costs. Abdul Matin Khan Chowdhury J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 21 ......ree orders of the Government of Bangladesh Respondent No. 1, communicated by the Secretary, Establishment Division, Respondent No. 2. These orders are the order dated 11-3-76 reverting the petitioner from his post of Chairman, Bangladesh Tariff Commission to the post of Deputy Secretary; the order d...... a proceeding but it provides that he may be suspended only in connection with a proceeding which has been drawn or is about to be drawn. Since suspension is hot punishment there can be no suspension independent of any enquiry or proceeding aiming at some punishment as specified in the Rules. Mr. Ah......port of this contention he has referred to a decision of this Court in S.M. Saleh vs. Bangladesh" (1975) 27 D.L.R. 328. In that case two engineers under the Ministry of Flood Control and Water Resources were placed under suspension before a proceeding was drawn against them. The order of suspen..Category: Civil Law, Employment/Service Law | Date: 19 Jul, 1978 | Hits: 1
....n view of the above, the appeal is dismissed with costs.
Prayer for leave under Clause 15 of the Letters Patent is refused.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 217
......828.
Lawyers Involved:
Miah Abdul Gafur- For the For Appellant
Moksudur Rahman-For Respondents 2 and 3,
Nizamuddin Haider- For Respondents 1(1) to 1(4) and 1(8)
Appeal from appellate decree No. 334 of 1964
Judgment
M.H. Rahman J. - In this appeal defendant N...... 25 CLJ. 530.
“We need not discuss whether an adverse claimant, who has no community of interest with the parties to the suit, is in no view a cotenant with them, but stands out on his own independent right and denies all right in his adversaries, can be drawn into a partition suit for de......n view of the above, the appeal is dismissed with costs.
Prayer for leave under Clause 15 of the Letters Patent is refused.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 217
..
Category: Property Law | Date: 14 Jun, 1978 | Hits: 2
Monoruddin @ Mona & another Vs. The State, 1978, 7 CLC (HCD)
....lants and direct them to be set at liberty forthwith if not required in connection with any other case. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 282. ......mical Examiner through a bearer whose name has also not been mentioned. 4. In the instant case, the post mortem examination was held on 11-8-67, the viscera and other parts of the body were sent from the Dacca Medical College Hospital to the Chemical Examiner on 30-10-67, the articles were rece......lants and direct them to be set at liberty forthwith if not required in connection with any other case. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 282. ......l. In its chemical reaction pseudaconitine presents a close analogy with aconitine and on hydrolysis splits up into acetic acid, aeratric acid and pseudaconine. Aconitum chasmanthum is the chief source of the aconite which is known as Bish or Bikh in the market of Calcutta. If yields an alkoloi..Category: Criminal Law, Procedural Law | Date: 13 Jun, 1978 | Hits: 1
Sultan Ahmed Vs. Election Commission of Bangla¬desh and another, 1978, 7 CLC (HCD)
....eal to the Appellate Division; the prayer for certificate is rejected. Abdul Matin Khan Chowdhury J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 291. ......d the office of President on 21.4.77; his term of office is five years, as provided in Article 51 of the Constitution of Bangladesh but this term has not yet expired nor has he been removed from that office nor has he died nor incurred any disability to hold this office and as such no vaca......eal to the Appellate Division; the prayer for certificate is rejected. Abdul Matin Khan Chowdhury J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 291. ......5.8.75 according to the provisions of the Constitution in the wake of an abrupt change of government J he took over full powers of the Government in a manner not contemplated in the Constitution. The source and basis of his powers and authority was the Proclamation and so long this Proclamation rema..Category: Constitutional Law, Election Law | Date: 31 May, 1978 | Hits: 3
Haji Joynal Abedin Vs. State, People's Republic, Bangladesh others, 1978, 7 CLC (HCD)
..... N.H. Khondkar, the learned Advocate who has appeared in this case as Amicus Curiae. Abdul Malek J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 371. ......idavit. Point has been taken that offence was committed on 18-3-75 and complaint was lodged on 31-1-76 and the charge-sheet was submitted on 31-3-76. But the case transferred to the Martial Law Court from the Special Tribunal on 23-12-76 as per Notification. It has been sated in the affidavit-in-opp......f the President to the nation wherein the President who is also the Chief Martial Law Administrator in his message to the nation from the national hook up said :- “I have observed that the independent and free minded people of Bangladesh did not accept the politics and state system introd....... N.H. Khondkar, the learned Advocate who has appeared in this case as Amicus Curiae. Abdul Malek J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 371. ..Category: Administrative Law, Criminal Law | Date: 4 May, 1978 | Hits: 3
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