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Commissioner of Taxes & another Vs. M/s. Mullick BroÂthers, 1981, 10 CLC (AD)
....rom want of legal authority. In the result, therefore, this review appliÂcation is allowed and the appeal is dismissed without any order as to costs. Ed. This Case is also Referred in: ......¦â€¦..Petitioner Vs. M/s. Mullick BroÂthers…………………………………………..Respondent Judgment February 2, 1981. Result: The review appliÂcation is allowed and the appeal is dismissed. Lawyers Involved: T. H. Khan, Senior Advocate, with Muzammel Huq......he Government of the then Pakistan 'and became a debit of the GoÂvernment of Bangladesh." This Division took the view: "The imposition of the impugned tax was totally unauthorized and lacked legal foundation. It created no liability and so the question of debt does not arise," 2. In thi..Category: Fiscal/Taxation Law | Date: | Hits: 98
Md. Abdul Jalil Vs. Durjan Ali alias Siddique Hossain and others, 1981, 10 CLC (AD)
....e given in the absence of such party......Object of sub-section (2) is to have all the co-sharer tenants or all the tenants holding lands contiguous to the land transferred before the Court for proper and complete adjudication in accordance with law. A co-sharer tenant or a tenant holding la......…………………………………………….Appellant Vs. Durjan Ali alias Siddique Hossain and others………………………..Respondent ......sible for the omission and allowed the pre-emption. The order for pre-emption was set aside in appeal by the learned Subordinate Judge who held that the objector pre-emptee was under no legal obligation to furnish by affidavit the names and particulars of the let out co-sharers and th..Category: Property Law | Date: | Hits: 43
Sreemati Charubala Sen Gupta Vs. Abul Hashem and others, 1981, 10 CLC (AD)
....hether the Will is duly execuÂted and if there is evidence to this effect the court will grant the probate. It is not the concern of the probate court to decide whether the testator had title to the property or wheÂther he had any authority to otherwise deal with the property…………..(6) ...... Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Sreemati Charubala Sen Gupta, being read her substituted legatee. Sree Paresh Chandra Deb Gupta………………………………………………………….Appellant Vs. ......udge are set aside and the application for addition of party to the probate proceeding is dismissed without, however, any order as to costs. Ed. This Case is also Reported in: 33 DLR (AD) 254. ..Category: Property Law | Date: | Hits: 80
Dr. Nurul Islam Vs. Bangladesh, 1980, 9 CLC (AD)
....lity of the section aforesaid. I like to adhere to the wall-established self-set rule which says, the Court will not declare a law unconstitutional, if the case in which the question is raised can be properly disposed of in some other way. I, therefore, refrain from striking down the section as unco......uhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Dr. Nurul Islam………………………..Appellant Vs. Bangladesh, represenÂted by the Secretary, Ministry of Health and Population Control and others…………………………………………Respondent Judg......cepting the statement that the applicant completed 25 years of service appeared in the notice. In his petition under Article 102 of the Constitution the appellant prayed for deÂclaring this notice illegal and having been made without lawful authority and also for cancelling, withdrawing and/or resc..Category: Employment/Service Law | Date: | Hits: 180
Musharraf Hossain Chy Vs. GM, Titas Gas Transmission & Dist. Co. Ltd. & ors., 1981, 10 CLC (AD)
....government under section 4 of this Order leads to government control over the management and direction of its affairs. Other relevant provisions which went to establish such control over an abandoned property may be seen in sections 5,6,8,9, 13 and 21 of the Order. 14. Still the question remains ......stribution Co. Ltd. & ors...........Respondent And A.K.M. Ayub Ali..............................................................Appellant (In C.A. 65 of 1980). vs. Eastern Refinery Ltd. and others.....................................................Respondent Judgment June 12, 19......rtaking transferred under clause (b) shall be deemed to have been incurred, entered into or engaged to be done by, with of for, the Bangladesh Corporation; (d) all suits, prosecutions and other legal proceedings Instituted by or against the said Corporation in relation to the undertaking tran..Category: Employment/Service Law | Date: | Hits: 104
Khandaker Ehtehshamuddin Ahmed @ Iqbal Vs. Bangladesh and others, 1980, 9 CLC (AD)
....ther Iftekheruddln alias Babul lodged a complaint in the Motijheel P.S. to that effect. Dr. Mozammel Huq Chowdhury carried out the post mortem examination on the dead body of Saleha Begum but without proper investigation submitted report supporting the case of suicide Dr. Mozammel Huq Chowdhri was t......eported in: 33 DLR (AD) (1981) 154. ......g the petitioner under section 302 of the Penal Code and sentencing him to death and the order dated 29.1.1978 confirming the sentence of death have been taken without lawful authority, and are of no legal effect; and for an order directing the respondent Nos. 2 and 3 to refrain from giving effect t..Category: Constitutional Law | Date: | Hits: 292
Bangladesh and others Vs. Md. Abdur Rab, 1979, 8 CLC (AD)
....Order and Rule 7 framed thereunder and also that the Board violated the principles of natural Justice in not disclosing the content of the report to him. He was, therefore, denied the right to put up proper defence. 6. On behalf of the Government it was asserted that there was no proof as to the......is also Reported in: 33 DLR (AD) (19781) 143. ......do or be refrained from doing any act mentioned in this Article, nor can any act done or proceeding taken by such a court or tribunal be declared to have been taken without lawful authority and of no legal effect. 11. In view of the express provisions excluding such a tribunal as dealt with the ..Category: Employment/Service Law | Date: | Hits: 102
Nani Gopal Saha Vs. Jatindra Lal Chowdhury and others, 1981, 10 CLC (AD)
....s provided under the Statute, should have adjudicated and decided the case fully and finally, if necessary after taking further evidence in the matter. 2. The facts, in short, necessary for proper appreciation of the contention under consideration may be stated thus: Respondents 1 an...... Badrul Haider Chowdhury J Shahabuddin Ahmed J Nani Gopal Saha ..............................................................Appellant Vs. Jatindra Lal Chowdhury and others....................................Respondents Judgment December 11, 1980.......taking further evidence in the matter. 2. The facts, in short, necessary for proper appreciation of the contention under consideration may be stated thus: Respondents 1 and 2 challenged legality of the order of the Tribunal and filed an application under Article 7(5) of the President'..Category: Constitutional Law | Date: | Hits: 153
Nurunnessa and ors Vs. Babr Ali Bepari and others, 1981, 10 CLC (AD)
....ment which requires to be compulsorily registered under the law, but he further says if such power of attorney empowers a person to execute a deed of sale of any kind of transfer or sale of immovable property that power of attorney requires registration under the law, The latter proposition has no f......w, we, however, make no order as to costs. Ed. ...... non-suited the plaintiff on the ground that his claim to the land on the basis of the Kabala Ext. 3 e), and the power of attorney Ext. 4 on the basis of which the Kabala was granted, did not confer legal title to the plaintiff. The first appellate Court reversed the finding of the trial Court but..Category: Others | Date: | Hits: 128
Abdus Samad & ors Vs. Md. Sohrab Ali and others, 1981, 10 CLC (AD)
....irectory". 6. Mr. Akram Hossian Amin, the learned Advocate on Record appearing for the appellants submitted that the learned Single lodge of the High Court failed to make proper appreciation of the ratio decidendi of the judgment in Motilal Sikder vs. Benodi......hmed J Abdus Samad & ors…………………………………Appellant Vs. Md. Sohrab Ali and others..................... Respondents Judgment March 18, 1980. ......tunity. The learned Subordinate Judge after consideration of the-evidence arrived at the following finding: “Thus, upon the evidence on record I find that the case is legally not maintainable due to defect of parties as several co-sharers by inheritance have n..Category: Property Law | Date: | Hits: 73
Khadomul Islam Chowdhury Vs. Bangladesh and others, 1981, 10 CLC (AD)
....for disposal in accordance with law. Let the operation of the order dated 12th July. 1979 be stayed till the disposal of the matter in the High Court Division There will no order as to costs. Ed. ......sion (Civil) Present: Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Khadomul Islam Chowdhury…………………….Appellant Vs. Bangladesh and others ……………………………..Respondents Judgment July 21, 1980. Lawyers ......sted by Respondent, Joint Secretary, Ministry of Land Administration and Land Revenue, setting aside the order of his predecessor-in-office, have been made without any lawful authority and are of no legal effect, and for a direction to the Respondent lo cancel and withdraw the notice of 21st July, ..Category: Constitutional Law | Date: | Hits: 160
Shamuj Ali and other Vs. Kamalarma Bibi and others, 1980, 9 CLC (AD)
....a question which ha been agitated for about a century in the superior Courts of the SubÂcontinent 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 appreÂciation of this question rel......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)
....gaon, P.S. Tejgaon, District Dacca, on the outskirts of the city of Dacca. They became victims of communal riots which broke out in January 1964; their huts and houses were burnt and their movable properties looted; they took shelter in the refugee camps opened by the Government in the city of D......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&......o. 38 of 1969 dated August 28, 1974 reversing that of the Subordinate Judge and dismissing the suit for cancellation of sale-deed dated February 7, 1964 on declaration that it is fraudulent, illegal and void. 3. Plaintiff's case in short is that the plaintiff-appellants are members o..Category: Property Law | Date: | Hits: 75
Sultan Ahmed, AdÂvocate and others Vs. Haji Sultan Ahmed and others, 1982, 11 CLC (AD)
....t there was any dispute likely to cause breach of the peace concerning the land in question as they had already transferred the land to a third party. The Magistrate, however, thought it proper to proceed with the case. During the pendency of the proceeding under section 145 of the Cod......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......as made by the learned Magistrate as specifically required under sub-section (1) of section 107 read with section 112 of the Code the impugned order to execute a bond straightaway is illegal. 6. The impugned order shows that the second party were, on the one hand, 'restrain&sh..Category: Criminal Law | Date: | Hits: 51
Govt. of BanglaÂdesh Vs. Md. Arshad Ali, 1982, 11 CLC (AD)
.... to him. 5. Legality of the order of High Court Division has been challenged by the appellant contending, inter alia, that the learned Judges of the High Court Division failed to give proper consideration to the Rules appended to the Resolution dated 18-8-58, particularly rule 7 whi......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.......tive tribunal wherein the presence of the claimant for reward is essential to comply with the rules of principle of natural justice and to afford him an opportunity to establish his claim upon legal evidence." According to the learned Judges, "Without such proceeding any determina..Category: Criminal Law | Date: | Hits: 171
Mofizur Rahman Khan Vs. Government of Bangladesh, 1982, 11 CLC (AD)
.... the grounds of illegality or invalidity are capable of being removed and are in fact removed and the law made competent. It may be done by providing for jurisdiction, where jurisdiction had not been properly invested before. Sometimes this ii done by re-enacting it retrospectively and then by ficti......¦â€¦â€¦â€¦... 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......uld concentrate here more on the question of power of ParliaÂment to validate a law foiled or declared incompetent by a Court of law. Parliament has the power to validate a law declared by a Court illegal by removing the cause of illegality or infirmity. The basic condition of validation is that Pa..Category: Constitutional Law | Date: | Hits: 188
Abdul Halim Mollah @ Monohar Mollah & anr Vs. Member, App Tribunal Dacca & ors., 1982, 11 CLC (AD)
....observed: "But in exercising the power conferred by the Code and before reaching its conclusion upon fact, the High Court should and will always give proper weight and consideration to such matters as(1) the views of the trial Judge as to the ......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......ry for disposal of the appeal are that the appellants filed the above noted writ petition before the High Court Division under Article 102 of the Constitution of Bangladesh calling in question the legality of the order of conviction passed by the Appellate Tribunal on setting aside the order of ..Category: Criminal Law | Date: | Hits: 40
Bangladesh Vs. Md. Misfor Ali and others, 1982, 11 CLC (AD)
....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...... arises from the judgment of the High Court Division in Writ 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 appea..Category: Employment/Service Law | Date: | Hits: 92
Bangladesh Vs. Md. Matiur Rahman, 1982, 11 CLC (AD)
....tion of the electrical works. As such there was no complaint from any corner for the electrical works. In the circumstances, it may kindly be seen the estimate has been submitted at the proper time and there has been no delay in submitting the estimate on my part nor any delay in exe......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......dismissed from Government service. The matter was placed before the President and the President ordered the dismissal of the respondent. The High Court Division declared the order of dismissal as illegal since no reason for higher punishment was assigned. 3. The factual aspect of this case..Category: Employment/Service Law | Date: | Hits: 87
Hajee Khabiruddin Ahmed Vs. Md. Salam Kabir, 1982, 11 CLC (AD)
....ed in the ordinary course of post." 9. It appears that according to the proÂvisions of this section the service of notice shall be deemed to be effected if the letter containÂing it has been properly addressed and sent by registered post. There is no controversy regarÂding the proper addre...... instructed by Santiranjan Karmaker, Advocate-on-Record.— For the Appellant. Syed Sakhawat Ali, Advocate-on-Record. — For the Respondent. Civil Appeal No. 139 of 1981. From the judgment and Decree dated June 25, 1981 passed by the High Court Division in First Appeal No. 122 of 1976. ......ter the lapse of a reasonable time. For the reason stated above, the appeal is allowed with costs. The judgment of the High Court Division is set aside and that of the trial court restored. Ed. ..Category: Tenancy Law | Date: | Hits: 67
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