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Shamuj Ali and other Vs. Kamalarma Bibi and others, 1980, 9 CLC (AD)
....gh Court Division dated July 24, 1979 passed in S.M.A. No. 45 of 197). Judgment Shahabuddin Ahmed J. - This appeal by special leave call in question a judgment and order of the High Court Divison dated July 24, 1979 in S.M.A. No. 45 of 1970 reversing the judgment and order of the Subordinate......or reversing the judgÂment or order should provide for this and if it does, execution may issue upon it in the ordinary course. If the order does not so provide, another order may be made, or a writ called a writ of restitution be issued, commÂanding the Judgment creditor to restore the property o......Art. 182 will straight away apply thereto and the period of limitation, which is same as under Art. 181 i.e. three years, will start from the decree of the first appellate court reverting that of the trial court if no appeal it filed, but if an appeal is filed, from the date of the final decree of t......n: ..Category: Procedural Law | Date: | Hits: 111
Ful Chand Das and others Vs. Mohammad Hammad and others, 1982, 11 CLC (AD)
....ment: Fazle Munim J.—I have gone through the judgment of Shahabuddin, J. and also those of Ruhul Islam, J. and Badrul Haider Chowdhury, J. who have concluded differently In view...... Section 6 of Ordinance I of 1964 as modified by Ordinance VI of 1964 provided that save as provided in the Ordinance no action taken, no decision made and no order passed in the Ordinance shall be called in question by any suit or proceeding in any court or tribunal. It further provides that no ...... have gone through the judgment of Shahabuddin, J. and also those of Ruhul Islam, J. and Badrul Haider Chowdhury, J. who have concluded differently In view of the concurrent findings of fact by the trial court and the High Court Division and considering the facts and circumstances of the case, I......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&..Category: Property Law | Date: | Hits: 75
Abdul Alim and others Vs. A. K. Abdul Hoque and others, 1982, 11 CLC (AD)
....5. The decree-holder-respondents thereafter filed an application before the Munsif who passed the decree for amendment of the decree under section 151 of the Code of Civil Procedure. The amendment sought for was the substitution of the word "uttor parsha" appearing in the second l......Act. In this view, the appeal is allowed but in the facts of case we make no order as to costs. The decrees of courts below are set aside and the execution petition dismissed. Ed. ......e the question are "same relief" in the background of the application filed under section 151 of the Code by the decree-holder-respondents which was rejected both by the trial Court and the High Court Division. The relief sought in the application under section 151 of ......preme Court Appellate Division (Civil) Present: Kemaluddin Hossain CJ Ruhul Islam J K. M. Subhan J Badrul Haider Chowdhury J Abdul Alim and others……………………………&h..Category: Property Law | Date: | Hits: 54
Sultan Ahmed, AdÂvocate and others Vs. Haji Sultan Ahmed and others, 1982, 11 CLC (AD)
.... section 107 of the Code. The order is quoted below: "I am satisfied that there is apprehension of breach of peace in the schedule lands, and as the breach of peace is immediate some preventive action is necessary. I, therefore, being satisfied pass this o......on (1) of section 107, according to the procedure provided in section 112 is mandatory and compliance with this provision cannot be avoided even in the case of emergency where immediate measure is called for to prevent any breach of the peace. To prevent any imminent breach of the peace the Magi......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. ......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..Category: Criminal Law | Date: | Hits: 51
M/s. Everett OriÂent Lines Inc. Vs. Commissioner of Income Tax Ctg Zone, Ctg, 1982, 11 CLC (AD)
....t;The Income Tax Officer was not legally justified to disallow the claim of additional depreciation. The benefit of additional depreciation, for the three ships mentioned above will also be given to the appellant in computing the income of the appellant in the year under appeal. Th......ation and such allowance available to both residents and non-residents on the basis of user. The second portion provides for allowance of a further sum of depreciation which is popularly called as initial depreciation' and the rates are prescribed in the statute itself. The claim ......ng ships installed after 1.4.1948 and before 1.7.1965 at twice the amount of the normal rate of depreciation for a period of 5 years from the year of installation. This was to encourage rapid industrialisation. The benefit of such depreciation was allowed to residents and nonresidents provi...... Advocate-on-Record—For the Appellant. Mahmudur Rahman, Advocate -instructed by Md. Sajjadul Huq, Advocate-on-Record — For the Respondent. Civil Appeal Nos. 129 of 1980 and 130 of 1980. On appeal from the judgment and order dated 23-6-1980 pa..Category: Fiscal/Taxation Law | Date: | Hits: 114
Mofizur Rahman Khan Vs. Government of Bangladesh, 1982, 11 CLC (AD)
....76 S.C. 2250; Tofazzal Hussain V. Prov. of E. Pakistan (1963) 15 DLR (SC) 139; Sudashid Prakush V State of Oiissa AIR 1956 S.C. 432; M/s West Ramnand V. Madras E.D. Co. AIR 1 52 (SC) 1753; State of Mysore V. Acholah Chetty, AIR 1969 (SC) 477; Indira Gandhi V. Rajnarain AIR 1975 (SC) 2299; Hori Singh......, which attempts to validate the action taken under the earlier repugnant section. 2. Decision has already been given. Now while agreeing with the conclusion, some general observations of mine is called for, It Is first to be observed that Bangladesh ParÂliament by virtue of Article 65 has plen......dinance (19 of 1943) was considered. By promulgating this Ordinance the Governor General repealed fee Ordinance of 1942. The new Ordinance provided for confirmation and continuance of sentences and retrial of pending cases under the repealed Ordinance. The appellant had been convicted by a Special C......¦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..Category: Constitutional Law | Date: | Hits: 188
Abdul Halim Mollah @ Monohar Mollah & anr Vs. Member, App Tribunal Dacca & ors., 1982, 11 CLC (AD)
....ed by the Appellate Tribunal on setting aside the order of acquittal passed by the Special Tribunal in Special Powers Act Case No. 22 of 1977, and sentencing the appellants to suffer rigorous imprisonment for 5 (five) years and also to pay a fine of Tk, 500/= each in default to suffer rigorous i......order of acquittal; (b) If so, whether the sentence passed by the Appellate Tribunal is a legal sentence under sections 395/397 of the Penal Code. 5. In this appeal we are called upon to consider only the first point because in the absence of any sentence passed under s......he word judgment has been so construed in many other cases. 12. In the Code of Criminal Procedure the word "judgment" has been used to indicate the termination of the case on trial either by an order of conviction or acquittal of the accused. Sulaiman, J. in the case o......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..Category: Criminal Law | Date: | Hits: 40
Bangladesh Vs. Md. Misfor Ali and others, 1982, 11 CLC (AD)
....ossain 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. Md. Misfor Al......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. ......e order of removal the respondents filed a review petition before the Review Board. The police after investigation submitted charge-sheet against the respondents and they were put on trial before the Magistrate, 1st Class, who after examining four witnesses produced by the prosecut......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..Category: Employment/Service Law | Date: | Hits: 92
Bangladesh Vs. Md. Matiur Rahman, 1982, 11 CLC (AD)
....the High Court Division in Writ Petition No. 572 of 1980). Judgment: K. Hossain CJ.—I agree with the reasonings and the conclusion of my learned brother Shahabuddin Ahmed, J. ...... been suggested that it should be reduced to compulsory retirement. Once judicial mind has oscillated on the question of punishment and the harshness has become apparent, the only decision that is called for is to say whether the punishment is contrary to the recommendation of Public S......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..Category: Employment/Service Law | Date: | Hits: 87
Rajan Miah Vs. Abdur Rashid and anoÂther, 1982, 11 CLC (AD)
....fe of Syed Abdul Hakim by kabala Exhibit 1 dated 17th Baisak 1286 and in turn he acquired 8 annas interest by purchase from the Khajanchi Bari landlords by kabala Exhibit 1 (a) dated 812.1951 and also acquired the remaining interest by lease from the said landlords on the basis of deed of lease ...... of the trial court judgment by the appellate Court below was justified and the plaintiff is not entitled to any relief. In the result, therefore, this appeal is dismissed with cost. Ed. ......Court Division in Second Appeal No. 467 of 1972. 2. Plaintiff is the appellant. He filed a suit for declaration of his title and for recovery of khas possession. The suit was decreed by the trial Court but on appeal the lower appellate court dismissed the suit on reversing the judgment an......: Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Rajan Miah, being dead his heirs Shamsun Nahar Khanam and others...............Appellants Vs Abdur Rashid and another……&h..Category: Property Law | Date: | Hits: 47
Commissioner of Income Tax Vs. Chowdhury Ramzan Ali and another, 1982, 11 CLC (AD)
....ment year 1962-63 from the fund of the Company in liquidation. The Company Judge rejected the application on the ground that the price offered by the Government was not for sale but for the .compulsory acquisition of machinery, plants, etc. of the Company and the Company had ceased to ......t the jurisdiction of the Civil Court is barred, overruled the decision of Court in Sargoda Trading Company’s case (A.I.R. 1943 (Lah), 228) and held that the Income Tax Authorities cannot be called upon to prove their claim in a liquidation case otherwise than by the production of the asse......ed without any order as to costs. The orders of the Court below are set aside, the proceedings of claims of the appellant before the Company Judge will proceed according to law. Ed. ......ent: Kemaluddin Hossain CJ Fazle Munim J Badrul Haider Chowdhury J Commissioner of Income Tax...........................Appellant Vs. Chowdhury Ramzan Ali and another…………......Respondents Judgment Aug 14, 1978. ..Category: Fiscal/Taxation Law | Date: | Hits: 85
Hajee Khabiruddin Ahmed Vs. Md. Salam Kabir, 1982, 11 CLC (AD)
....s not a defaulter as the rent due for the month in question was tendered by him but the appellant refused to accept it. The respondent thereafter remitted the amount by postal money order which was also refused by the appellant. Since then he has been depositing the rent with the House Rent Controll......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. ......d not require the premises for use and occuÂpation of the members of his family or for his business. He denied the service of notice under section 106 of the Transfer of Property Act. 4. Both the trial court and the High Court Division concurrently found in favour of the appellant regarding defa...... 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. ..Category: Tenancy Law | Date: | Hits: 67
Rokeya Khatun Vs. Alijan @ Alijan Bepari and ors., 1982, 11 CLC (AD)
.... of the Courts below decreeing the suit brought by the appellant and cancelling a deed of perpetual lease coupled with a sale deed, executed by the mother Meher Afzan Bibi in favour of her younger son respondent No. 2. Mahtabuddin Miah, Leave was granted to examine the question wheth......he modification that the suit is decreed in part in favour of the appellant to the extent of the 1/3 rd share in the suit property. Respondent No. 1 is to pay cost of the appeal. Ed. ......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 Meher Afzan Bibi was a pardanashin village woman and her son r...... J Badrul Haider Chowdhury J Rokeya Khatun………………………….... Appellant. Vs Alijan @ Alijan Bepari and ors………...Respondents Judgment November 10, 1981. Cas..Category: Property Law | Date: | Hits: 57
.... was served with an order of suspension. Further he was informed by the same order that an investigation committee consisting of three University teachers had been constituted for ascertaining the reason why 300 bags of cement were not stored in the University godown but were stored in the private g......ative.
5. Section 33 of the Ordinance provides as follows:
“No order made under this Ordinance or under any Statute, University Ordinance, or Regulation made thereunder, shall be called in question in any Court and no suit, or prosecution or other legal proceeding shall lie aga......niversity godown resulted in financial loss to the UniÂversity. Further the inquiry was held lawfully and every reasonable opportunity was afforded to the plaintiff-respondent to defend himself. The trial Court decreed the suit its decision was upheld by the first Appellate Court as well as the lea......(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..
Category: Employment/Service Law | Date: | Hits: 109
Abu Bakkar Vs. Nazir Ahmed, 1982, 11 CLC (AD)
....ut sale with a condition for reconveyance on repayment of the consideration within a period of 5 years, bat no repayment having bean made within the stipulated period the transaction of sale become absolute and as such the plaintiff was not entitled to any decree for redemption or reconveyance. The ......e lower appellate court which was based on due consideration of evidence, facts and circumstances of the case. The Interference with the finding arrived at by the lower appellate court wag not at all called for and as such we accept the transaction to be a usufructuary mortgage. 5. But on perusal......rs, bat no repayment having bean made within the stipulated period the transaction of sale become absolute and as such the plaintiff was not entitled to any decree for redemption or reconveyance. The trial court held that the transaction was an out and out sale and dismissed the suit but on appeal t................Appellant Vs. Nazir Ahmed................................................. Respondent Judgment February 23, 1982. Result: The appeal is allowed. The State Acquisition and Tenancy Act, 1951 (Act XXVIII of 1951), Section 95. The maximum period of limitation of mortg..Category: Property Law | Date: | Hits: 58
Khondker Moshtaque Ahmed Vs. Bangladesh, 1982, 11 CLC (AD)
....section 342 of the Code of Criminal Procedure in wriÂtten statement. The Special Martial Law Court convicted him in both the cases and in Case No. 1 of 1977 sentenced him to five years rigorous imprisonment and to pay fine of Tk. 1,00,000/- in default to suffer rigorous imprisonment for another one......l Law Administrator. (6) Subject to review, all orders, judgÂments and sentences of a Martial Law Court shall be final. (7) No order judgment, sentence or proceedings of a Martial Law Court shall be called in question in any manner whatsoever in, by or before any Court, including the High Court an......strator as the authority for the review, but the review was not done by the Chief Martial Law Administrator and an order of review was passed by the Government on 6-10-77 long after six months of the trial. It shows the mala fide intention. 5. The learned Judges of the High Court Division repell......LD 1973 (SC) 49; Federation of Pakistan Vs. Saeed Ahmed PLD (SC) 151; Jamil Huq Vs. Bangladesh (1982) 34 DLR(AD) 125; A Rouf Vs. Abdul Hamid Khan (1965 17 DLR (SC) 515. Lawyers Involved: MH Khandker and Khandker Mahbub uddin Ahmed, Senior Advocates with Nizamuddin Haider, Advocate, instructe..Category: Criminal Law | Date: | Hits: 287
Lebu Mia Vs. Ganesh Chandra Nath and others, 1982, 11 CLC (AD)
....red with registration of the Deed, otherwise the pre-maturity will remain. In this case the question of pre-maturity was raised at the appellate stage but by then the document had been registered and so the pre-maturity could be said to have been cured……..(3) Case Referred to- Abdur Rahman......al below and remit the case back to the said Court of appeal below for its disposal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) 220.......ancy Act, 1950 (Act XXVIII of 1951) Section 96. A case for pre-emption filed prior to completion of registration under section 60 of the Registration Act, such pre-maturity can be cured, if during trial the pre-maturity is cured with registration of the Deed, otherwise the pre-maturity will remai......) Present: Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Lebu Mia..................................Appellate Vs. Ganesh Chandra Nath and others...................Respondent Judgment March 17, 1982. Result: The..Category: Property Law | Date: | Hits: 65
Haji Tajamal Ali being dead his heirs: Kamarunnesa & ors. Vs. Abdus Sattar & ors, 1982, 11 CLC (AD)
....o plots to which only his land is contiguous could not be stretched to the other five plots. All the seven plots comprising the land transferred are however themselves contiguous to that other so much so that all these plots constitute a compact block of land. This compact block of land is c......iguity" within the meaning of section 9 of the State Acquisition and Tenancy Act. 8. In the result, the appeal is dismissed without, however, any order as to cost. Ed. ......emptor, a contiguous land holder, is entitled to preemption of the whole if the land transferred consisting of seven plots out which hit land is contiguous to only two of such plots. Both the trial court and the lower appellate court answered the question in the affirmative, and the High Co......ent: Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Haji Tajamal Ali being dead his heirs: Kamarunnesa and ors…………..Appellants Vs. Abdus Sattar and others ........Category: Property Law | Date: | Hits: 66
Abdul Hamid Vs. Abdul Jabbar , 1982, 11 CLC (AD)
....144 of the Code of Civil Procedure, briefly the 'Code', is applicable to an order in a pre-emption case under section 96 of the State Acquisition and Tenancy Act, 1950. 2. Facts of the case, so far necessary for disposal of this appeal, are that the respondent filed an application for pre...... reversing the judgment or order should provide for this; and if it does, execution may issue upon it in the ordinary course. If the order does not so provide, another order may be made, or a writ called a writ of restitution be issued commanding the judgment-creditor to restore the property or ......rder of preemption was ultimately set aside by the High Court Division in revision by an order dated 8 February, 1978 and pre-emption case was restored to file and it is now pending before the trial court, namely, 3rd Court of Munsif at Comilla. The appellant-pre-emptee filed in the meantime......h;For the Appellant. Shaukat Ali Khan, Advocate, instructed by A. Baset Majumder, Advocate-on-Record—For the Respondent. Civil Appeal No. 111 of 1981 (From the judgment and order dated 7.7.1981 passed by the High Court Division in Civil Revision No. 1034 of 1980). ..Category: Civil Law | Date: | Hits: 82
Bangladesh & others Vs. A. K. M. Zahangir Hossain, 1981, 10 CLC (AD)
....964 SC 1140; AC Companies Vs. PN Sharma, AIR 1965 SC 1595; APHL Conference, Shillong Vs. WA Sangma, AIR 1977 SC 2155; Durga Shanker Mehta Vs. Raghuraj Singh, AIR 1954 SC 520; Royal Aquarium Vs. Parkinson 1892 (1) CB 436 (466). Lawyers Involved: K. A. Bakr, Attorney-General, with A.W. Bhuiyan......ons of the Constitution indicates that the police force has been treated as a separate class of officers, but their place is not clearly indicated in the service of the Republic. We are, thereÂfore, called upon to demarcate their position in the Constitution, upon a true construction of all the rel......ate authority. A readÂing of the Ordinance as a whole indicates that the Ordinance has first selected a class of police officers to be dealt with under this Ordinance. This Ordinance only deals with trials and punishments according to the proÂcedure prescribed thereunder by the authoriÂties who a......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,..Category: Constitutional Law | Date: | Hits: 188
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