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Bangladesh Vs. Hail Abdul Gani Biswas and others, 1980, 9 CLC (AD)
....was a mere amendment of a grammatical error, Lastly it was contended that the High Court Division had erroneously taken the view that President's Order No. 24 of 1973 affected certain vested right to property which is violative of the fundamental right guaranÂteed by the Constitution. 3. Before ...... F. K. M. A Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Bangladesh………………………… Appellant in all the appeals Vs. Hail Abdul Gani Biswas and others..................Respondents Judgment March 9, 1980. The State Acquisition and T...... and interest within the stipulatÂed period no matter whether the profits of land taken by the mortgagee had been of sufficient value to cover the total amount of the loan with interest thereon. The legal effect of it is that after expiry of the stipulated period the property automatically comes ba..Category: Property Law | Date: | Hits: 85
M/s. Hossain Ahmed Vs. M/s. H. D Hossain & Brothers, 1980, 9 CLC (AD)
....ellation of the conÂtract of the 4th respondent. It was held that- "The Excise Commissioner exercised his authority with a little irregularity because the matter did not reach him through the proper channel but that would not call for interference by way of a writ. The substance of the thi......rul Haider Chowdhury J M/s. Hossain Ahmed represented by its proÂprietor Hossain AhÂmed…… ...Appellant Vs. M/s. H. D Hossain & Brothers represented by its proprietor Md. Delwar Hossain and others. ….. Respondents Judgment November 28, 1979. The Specific Relief Act, 1877 (Ac......espondents Judgment November 28, 1979. The Specific Relief Act, 1877 (Act I of 1877), Sections 42, 54, 56 (d)(f) To obtain an order of injunction the plaintiff aught to assert what is his legal character and what is his right as to the contract for which the tenders were invited and the ..Category: Others | Date: | Hits: 94
Nasiruddin Vs. Government of the People's Republic of Bangladesh & ors, 1980, 9 CLC (AD)
....ty (ConÂtrol, Management and Disposal) Order, 1972 (President Order No. 16 of 1972) and Martial Law Regulation VII of 1977 On the passing of P.O. 16 of 1972 i..e from 28.2.1972 all abandoned properties shall vest in the Government to be dealt under P.O. 16 of 1972. This Order declared prope...... Shahabuddin Ahmed, J Nasiruddin …....Appellant Vs. Government of the People's Republic of Bangladesh & ors………….Respondent. Judgement April 14, 1980. The Bangladesh Abandoned Property (ConÂtrol, Management and Disposal) Order, 1972 (President Order No. 16 of 1972) a......ave always vested in the Government. This taking over or vesting shall not be called in question on any ground whatsoever before any authoÂrity, or Court, and all suits, appeals, petitions or other legal proceedings pending before the commencement of the Regulation in any Court shall abate. The ..Category: Constitutional Law | Date: | Hits: 157
Abdur Rashid Vs. Secretary, Ministry of Cabinet Affairs, EstaÂblishment Div & ors, 1980, 9 CLC (AD)
....a Board modify the recommendations by way of awarding either lesser or enhanced puÂnishment as provided in this Order." 8. The statute gives the authority to the appointing authority, in a proper case, to award higher punishment. This power is to 'be exercised by the authority on consider...... that it was passed arbitrarily or capriciously, which, on the facts on record, cannot be urged…………(8) Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate, SuÂpreme Court, (K. Z. Alam and Zamiruddin Ahmed, Advocates, Supreme Court, with him) instructed by Syed Sakhawat Ali, Advocate-......ecommendation shall be made by a Board unless the Government serÂvant concerned has been given an opporÂtunity of being heard in person without being accompanied by any friend, advisor or any legal practitioner." The proposition is that unless the government servant concerned has been ..Category: Employment/Service Law | Date: | Hits: 70
Commissioner of Income Tax, (Now Com. of Taxes), Ctg. Vs. Saifuddin A Siddiqui, 1980, 9 CLC (AD)
.... Ahmed Siddiqui, Mutwalli Waqf Estate of Reazuddin Ahmed Siddiqui, Ctg. ...Respondents Judgment Feb. 11, 1980. The Income Tax Act, 1928 (Act IX of 1928), Section 4 (3)(i). The income of a property held under trust wholly for religious or charitable purposes is exempted from tax, but this......is exemption will not apply to a case where so much of the income as remaining unexpended during the previous year………….(6) "Income applied" meant the income set apart in the wakf deed and not the income actually spent by the Mutwalli…………….(7) The unexpended amount o......may be specified in this sub-section or prescribed in this behalf be included in the total Income of the person receiving them; (i) Any income derived from proÂperty held under trust or other legal obÂligation wholly for religious or charitable purposes, and in the case of property so hel..Category: Fiscal/Taxation Law | Date: | Hits: 85
Abdus Sattar & others Vs. Suresh Chandra Das & others, 1978, 7 CLC (AD)
....t Respondent. 5. Considering the importance of the questions, after hearing the learned Counsel, Mr. Khandker Mahbuddin Ahmed for the Appellants, and Mr. Salam for the ResponÂdents, we thought it proper to call Mr. S.R. Pal as amicus curiae to assist the Court. We have had the opportunity of hea......upreme Court Appellate Division (Civil) Present: Kemaluddin Hossain CJ Fazle Munim J KM Subhan J Abdus Sattar & others................Appellants. Vs. Suresh Chandra Das & others………….Respondents Judgment May 2, 1978. Result: The appeal ......etween the plaintiff's on the one hand and Balaram or Respondent 1 on the other, and the tenancy was created on the mere payment of rent beÂtween the landlord and tenant. A tenancy of this nature is legal and valid in terms of secÂtion 106 of the Transfer of Property Act. It has been termed to be ..Category: Tenancy Law | Date: | Hits: 67
Director of Taxation & Excise, Govt of East Pak. (now BD) Vs. Mehdi Ali Khan Panni, 1980, 9 CLC (AD)
....n the interpretation of section 4(b) of the Bengal Agricultural Income Tax Act. The reÂlevant part of the section as it stands may be set out: “(4b) any agricultural income derived from property held under trust or other legal obligation wholly for religious or charitable purposes an......ppeals. Vs. Mehdi Ali Khan Panni ...................................Respondent in all the appeals Judgment. August 18, 1978 Interpretation of taxing Statutes- Doctrine of Laissez Faire and welfare economy. In interpreting a taxing statute a conÂtroversy often arises and learn......) of the Bengal Agricultural Income Tax Act. The reÂlevant part of the section as it stands may be set out: “(4b) any agricultural income derived from property held under trust or other legal obligation wholly for religious or charitable purposes and in the case of property so held i..Category: Trust/Waqf Law | Date: | Hits: 239
State, People's ReÂpublic of Bangladesh and others Vs. Haji Joynal Abedin, 1980, 9 CLC (AD)
....ointed out I opine that the Martial Law Courts are amenable to the writ jurisdiction of the High Court whose jurisdiction shall be ousted only when it is shown that (i) the Martial Law Court has been properly constituÂted in accordance with the statute forming the Martial Law Court (ii) accused are......AD) (1980) 110. ......or tribunal being a vested right cannot be taken away……………………(55) Transfer of the present case from Special Tribunal to Martial Law Court not being in accordance with law is illegal High Court is competent to examine the legality of the Martial Law Courts judgement………â€..Category: Criminal Law | Date: | Hits: 294
Salimuddin Ahmed Vs. The State, 1980, 9 CLC (AD)
....special statute of the High Court Division so that it way exercise jurisdiction over such Court under section 561A. The expression used in section 561A is "any court." This expÂression by itself, if properly interpreted would mean a criminal court as distinÂguished from a Court which is not criÂm......tions aforesaid. Cases Referred to- AIR 1946 (PC), 169; Nuru Bepari vs. State,31 DLR 341; BanglaÂdesh vs. Tan Khong Hock, 31 DLR (AD), 69; Bangladesh vs. Shahjahan Siraj, Criminal Appeal Nos. 9 and 10 of 1978. Lawyers Involved: Aleem-Al-Razee, Advocate, instructed by S. M. Huq, Advocate-......urÂther prolongation of the prosecution would amount to harassment to an inÂnocent person, that is, abuse of the process of the Court. There might also be cases where it appears that there is a legal bar against the institution or continuance of the proceedings, the High Court would be jus..Category: Criminal Law | Date: | Hits: 51
Bangladesh Vs. Abdur Rashid and others, 1980, 9 CLC (AD)
.... of compensation is in clause (b). It may be set out: "Section 93A. (b) (i). Where no such agreement can be reached, the Deputy Commissioner shall assess a compenÂsation for the immovable property having regard to the provisions of sections 23, 24 and 24A, as modified by section 81 of ...... Appellate Division (Civil) Present: Kemaluddin Hossain, CJ Ruhul Islam, J KM Subhan, J Badrul Haider Chowdhury, J Bangladesh...............Appellant. Vs. Abdur Rashid and others..........Respondents Judgment August 9, 1979. The Town Improvement Act, 1953 (X......Acquisition Act, 1894, and Mr. Khan says that this section is available. We think, it is not permissible to extend the meaning of an expression which has no logical bearing with the question, nor any legal rule to support. It is to be noted that since there was a lack of provision as to trial proc..Category: Others | Date: | Hits: 86
A. Z. Rafique Ahmed Vs. BD Council of Scientific and IndusÂtrial Research & ors, 1980, 9 CLC (AD)
.... As per clause 14 the Chairman of the Council shall be appointed on whole time basis by the Government and the Chairman shall be the Chief Executive of the Council and shall be responsible for the proper administration of affairs of the Council under the direction and the guidance of the Governi......Kemaluddin Hossain, CJ Ruhul Islam, J K. M.Subhan, J Badrul Haider Chowdhury, J A. Z. Rafique Ahmed ...............................Appellant. Vs. Bangladesh Council of Scientific and IndusÂtrial Research and others ............Respondents Judgment April 26, 1979. The ......ave is directed against the judgment and order dated February 27, 1978 passed by the High Court Division in Writ Petition No. 630 of 1977. 2. The appellant by filing the Writ petiÂtion challenged legality of the order dated August 22, 1978 passed by respondent No. 1 dismissing him from service o..Category: Employment/Service Law | Date: | Hits: 130
Md. Mahboob Murshed Vs. Bangladesh and others, 1980, 9 CLC (AD)
....the consideration that as per service rules service of a Government employee stood forfeited on submission of resignation and the employee concerned could not be reinstated in his service even by the proper authority. 3. It has been noted above that the comÂpetent authority did pass an order on ......ellate Division (Civil) Present: Kemaluddin Hossain CJ Ruhul Islam, J K.M. Subhan, J Badrul Haider Chowdhury, J Md. Mahboob Murshed………. ...Petitioner. Vs. Bangladesh and others ………….Respondents Judgment July 25, 1979. The Bangladesh Service Rules, ......ew can be taken without referring to Section 16 of General Clauses Act. In our opinion, the decision of the Government as communicated under the letter dated November 4, 1972 cannot be said to be illegal and without any jurisdiction, nor the decision of the Bangladesh Railway Board reinstating him..Category: Employment/Service Law | Date: | Hits: 77
Cherag Ali and others Vs. State and anothers, 1980, 9 CLC (AD)
....er of the Magistrate dated February 27, 1975 is quashed. The case should proceed in accordance with law and the observations made above. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 71 ...... Ed. This Case is also Reported in: 32 DLR (AD) (1980) 71 ......arge sheet was submitted after the said repeal on 7.9.74 and as such the case ceased to be a case under the special statute but continued to be a case under the ordinary criminal law and as such an illegality has been committed by the Magistrate in this case in issuing warrants on consideration of t..Category: Criminal Law | Date: | Hits: 48
Azizul Molla Vs. Taher Ali Sarder and others, 1980, 9 CLC (AD)
.... without any lawful authority and the order passed by the Prescribed Authority in conseÂquence of the resolution is of no legal effect. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 65 ......pellate Division (Civil) Present: Kemaluddin Hossain, CJ Ruhul Islam, J K. M. Subhan, J Badrul Haider Chowdhury, J Azizul Molla …….....Appellant Vs. Taher Ali Sarder and others...Respondents Judgment Nov. 22, 1979 The Local Government Ordinance, 1976 (Ordi......ct for removing the Chairman is ultra virus. The impugned resolution was passed without any lawful authority and the order passed by the prescribed authority in consequence of the resolution is of no legal effect……….(13) Lawyers Involved: Khondker Mahbubuddin Ahmed, Advocate, instructed b..Category: Employment/Service Law | Date: | Hits: 108
Ahmed Hossain & ors Vs. Basharat Ali and ors, 1980, 9 CLC (AD)
....es. Firstly, it gives the right of pre emption to the co-sharer tenants of the holding; and, secondly, it gives right of preÂemption to the tenant holding land contiguous to the land transferred For proper interpreÂtation of the expression "contiguous to the land transferred" it is to be first see......Supreme Court Appellate Division (Civil) Present: Fazle Munim CJ Ruhul Islam, J Badrul Haider J Chowdhury, J Ahmed Hossain & ors............Appellants. Vs. Basharat Ali and ors............. Respondents Judgment 29 June, 1978 The State Acquisition and Tenancy ......erse possession against the government. According to him "the pathway will not be blocked to the contiguous landholder who has come to claim pre-emption of the adjoining path way and that the pathway legally be understood as a hyphen. "The Additional District Judge considered the pathway as "to be a..Category: Property Law | Date: | Hits: 66
M. A. Hai Vs. Trading CorpoÂration of BanglaÂdesh, Dacca, 1977, 6 CLC (AD)
....978 dismissing the apÂpellant from service is declared to have been passed without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 46. ....... Senior Advocate, instructed by B. Hossain, Advocate-on-Record—For the AppelÂlant. Abdur Rab-I, Advocate-on-Record—For the Respondent. Civil Appeal No. 101 of 1979. (From the Judgment and Order dated 3-4-79 passed by the High Court Division in Writ Petition No. 438 of 1978) Judgme......explanation his case would be disposed of without holding any inquiry and on consiÂderation of his explanation. 6. For maintaining an application under Article 102 of the Constitution challenging legality of the order of dismissal, the aggrievÂed person must show that the employer is an 'author..Category: Employment/Service Law | Date: | Hits: 72
Syed Masud Ali and others Vs. Md. Asmatullah & others, 1980, 9 CLC (AD)
....ondents Judgment             Nov. 21, 1978. The Waqf Ordinance, 1962 (I of 1962), sections 35 & 60 Administration of Waqf is authorized to decided whether a particular property is waqf or not and his decision can be challenged before the District Judge. Section 50 ......9 ......rst schedule land of the plaint if the plaintiff so desires to proceed. In the circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 39 ..Category: Trust/Waqf Law | Date: | Hits: 196
Bangladesh Vs. Shahjahan Siraj @ Sirajul Islam, 1980, 9 CLC (AD)
....ecial statute to the High Court Division so that it may exercise jurisdiction over such court under  section 561A. The expression used in section 561A is "any Court". This expression by itself, if properly interpreÂted, would mean a criminal court as distingÂuished from a court which is not cri......963 SC 447; Uttar Pradesh v. Md. Naim, AIR 1964 SC. 703 at 705; Ratilal Bhanji Mithan Vs. Asstt. Collector of Customs, AIR 1967 SC 1639 at 1641; Golam Mohammad Vs. Mozammel Khan, (1967) 19 DLR SC 439 and GovernÂment Vs. A.T. Mridha (1974)26 DLR (AD) 17 at pp 21, 25; AIR 1945 PC 94; AIR 1945 PC 18; ......onstituted under the Special Powers Act is not a court subordinate to the High Court and as also the Special Powers Act does not confer upon the High Court DiviÂsion any jurisdiction to question the legality or propriety of any proceedings before the Special Tribunal, the High Court Division has th..Category: Criminal Law | Date: | Hits: 66
Yusuf Vs. Mofzal Ahmed Sowdagar, 1993, 22 CLC (AD)
....decisions of the High Court Division and the first Appellate Court are set aside and that of the trial Court is restored. Ed. This case is also reported in: 45 DLR (AD) (1993) 178 ......haraj Mohesur Singh Vs. The Bengal Government, 7 MIA 283; Shoonath Vs. Remnath, 10 MIA 413; Pichu Ayyangar Vs. Perarulala Ramanuja Joer Seamigal, ILR 1940 Mad 901. Lawyers Involved: Khandker Mahbubuddin Ahmed, Advocate, instructed by SM 11uq, Advocate-on-Record–For the Appella......cussing the first point in the leave order, which is the central question determining the fate of the appeal, we like to deal with two subsidiary questions involved in this appeal. The first is the legality of the order passed by the trial Court on 26.2.70 striking out the defence without any ap..Category: Others | Date: | Hits: 119
Mofazzal Hossain Mollah and others Vs. State, 1993, 22 CLC (AD)
....he crime. In due course all these four accused were sent up for trial which was held by a Magistrate, Second Class, on a common charge of theft against all and a further charge for receiving stolen property against accused Shafi. They pleaded not guilty to the charges. The learned Magistrate, on ......upreme Court Appellate Division (Criminal) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Latifur Rahman J. Mofazzal Hossain Mollah and others .........................Accused-Appellants Vs. State ..........................on 561A Cr.P.C. with the result as stated above. On their leave‑petition, leave was granted by us to consider whether the conviction of the appellants was void on the ground that there was no legal evidence to support it, particularly when the confession was allegedly exculpatory in nature..Category: Criminal Law | Date: | Hits: 44
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