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Khondker Moshtaque Ahmed Vs. Bangladesh, 1982, 11 CLC (AD)
.... Bhuiyan Deputy Attorney-General, instructed by B. Hossain Advocate-on-Record—For the Respondent (In both the appeals). Criminal Appeal Nos. 11 & 12 of 1981 (From the Judgment and Order dated 29th July, 1981 passed by the High Court Division in Writ Petition Nos. 928 and 929 of 1979) ...... down on the ground of mala fide we do not find that the trial and convictions of the petitioner are without any Jurisdiction." Thereafter the learned Judges considered the argument on review and notice the decision of this Court in Criminal Appeal No. 24 of 1980 Government of Bangladesh vs. Sye......orrupt and Illegal means and by abuse of his official position and thereby pecuniary advantage of Tk. 4,58,631/-. In the other case the allegation was that the appellant during his tenure as Minister for Commerce and Foreign Trade from 19-2-74 to 14-8-75 by corrupt or illegal means and by abusing hi..Category: Criminal Law | Date: | Hits: 287
Lebu Mia Vs. Ganesh Chandra Nath and others, 1982, 11 CLC (AD)
...., instructed by Md. Aftab Hossain, Advocate-on-Record—For the Appellant. Miah A. Gafur, Advocate-on-Record—For the Respondent 1. Civil Appeal No. 97 of 1981 (Form the Judgment and Order dated 30-1-81 passed by the High Court Division in Civil Revision Case No. 333 of 1977). Judgment......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....... and others...................Respondent Judgment March 17, 1982. Result: The Appeal is allowed. The State Acquisition and Tenancy 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, ..Category: Property Law | Date: | Hits: 65
Bangladesh & others Vs. A. K. M. Zahangir Hossain, 1981, 10 CLC (AD)
.... a writ petition on the ground of violation of any statutory rules governing their service condition. The question is of great public importance and so it was placed before the Full Court by an order dated 8-8-80 of Bench of this Division. After the decision of this important quesÂtion, the app......y other lesser penalty under the Ordinance. The procedure no doubt is departmental and it has to a certain extent fixed a time limit and has omitted a separate inquiry procedure and second show-cause notice, which is otherwise available in Police Regulations, but then the Ordinance says this Ordinan......s. Dhirendra Nath Sarkar ……………………………………Respondents (In Civil Appeal No. 126 of 1979). Judgment October 21, 1981. Result: If a member of any disciplined force is aggrieved by an order of a Court or tribunal established under law relating to the discipli..Category: Constitutional Law | Date: | Hits: 188
General Manager Jamuna Oil ComÂpany Ltd. Vs. Golap Rahman & another, 1982, 11 CLC (AD)
..... 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). Jud......a member of the management staff in Group III. According to Marine Rules the service of the Respondent No. 1 who attained 57 years of age was terminated. He was given one month's salary in lieu of notice and other benefits to which he was entitled. Respondent No. 1 filed an application unde......inated. He was given one month's salary in lieu of notice and other benefits to which he was entitled. Respondent No. 1 filed an application under section 25(1)(b) of the Standing Orders Act before the Labour Court, Chittagong on 13.10.77. He prayed for setting aside the order of terminatio..Category: Labour and Industrial Law | Date: | Hits: 97
Bangladesh Vs. Winifred Rubi & ors., 1982, 11 CLC (AD)
....ondent Nos. 1-3. S R. Pal, Senior Advocate, Aminul Huq, Advocate-on-Record—For the Respondent No. 5. Civil Appeal No. 72 of 1981. (On appeal from the Judgment and order dated 9.9.1980 passed by the High Court Division in Writ petition No. 43 of 1978.) Judgment:......led to close it down for his own interest and that the defendants had no right to run the School In the private residence of his and his co-sharers. He further prayed for Injunction and show cause notice was issued. In this background, the order of requisition was passed by the Additional Deputy......t of the High Court Division of Writ Petition No. 43 of 1978. By order dated 19.7.1977 the Additional Deputy Commissioner Land Acquisition requisitioned the premises at 85, Kakrail Road, Dacca for the accommodation of Little Flower School, under the Emergency Requisition of Property Act. Le..Category: Property Law | Date: | Hits: 65
Md. Habibur Rahman & ors. Vs. Hasen Ali Mondal and others, 1982, 11 CLC (AD)
..... A. N. M. Gaziul Huq, Advocate, instructed by Md Ozair Farooq, Advocate-on Record— For the Respondent No. 1. Civil Appeal No. 17 of 1981. (From the Judgment and Order dated January 8. 1981 passed by the High Court Division, In Writ petition No. 130 of 1980.) ......of the Parishad may be called for considering a motion of no-confidence can defeat the resolution passed by all the elected members of the Parishad, particularly in view of the fact that the notice was duly served on all the members and Chairman of the Parishad and sufficient time elapsed ......nged the validity of the notification dated 4th February 1980 removing him from office with effect from lst February 1980. Facts leading to his removal are as follows: 3. The member of the aforesaid Union Parishad sent a letter to the Sub Divisional Officer, Bogra (Sadar) who is the presc..Category: Employment/Service Law | Date: | Hits: 100
Jamil Huq and 11 others Vs. Bangladesh and others, 1981, 10 CLC (AD)
.... instructed by B. HosÂsain, Advocate-on-Record—For the Respondents (In all the Petitions). Criminal Petition for Special leave to Appeal Nos. 65 to 76 of 1981. (From the Judgment and Order dated 7-9-1981 passed by the High Court Division in Writ Petition Nos. 632 to 637 & 639 to 644 o...... an appellate Court. In the given case the learned Attorney-General has drawn our attention to the declaration of suspension of rules under the Army Act by a notification dated 4th July, 1981 and the notice of joint trial under Rule 25 which authorised the joint trial of the persons and the suspensi......in alias Iqbal vs. State (1981) 33 DLR (AD) 154; Mask & Co. 44 CWN 709; Amisminic vs. Foreign C. (ComÂmission) 1969(1) All ER 208; Ex Rel, French vs. Weeks, 259 US 326; R. vs. Secretary of State for War 1949(1) All ER 242; R. vs. O/C Depot Battalion 1949, All ER 373; Burns vs. Wilson, 97 Lawyer..Category: Constitutional Law | Date: | Hits: 327
Al-Sayar Navigation Co. Vs. Delta International Traders Ltd. and ors., 1982, 11 CLC (AD)
....h Abdul Azim, Advocate, instructed by S. M. Huq, Advocate-on-Record.—For the Respondent (In Civil Appeal No. 15 of 1981). Civil Appeal Nos. 15 & 38 of 1981. (From the Judgment and Decree dated 1st December 1980 passed by the High Court Division in Admiralty Suit No. 1 of 1978). Judgm......evoted a considerable portion of the Judgment, for coming to the conclusion that the suit is maintainable under section 6 of the Act. 6. Next, as to the delay and deviation the High Court Division noticed the evidence that the normal voyage takes 3/4 weeks from Hodeidah to Chalna. It was not part......e of arrival of the ship was 27th January, 1978. The ship, however, reached Chalna on 1st April, 1978. On arrival of the ship the plaintiff took the stand that it was not the salt which he contracted for and the salt was clogged. The dispute centred round this point. Eventually, the salt was unloade..Category: Admiralty Law or Maritime Law | Date: | Hits: 264
Commissioner of Taxes, Ctg Zone, Ctg Vs. M/s Free School Street Properties, Ltd, 1982, 11 CLC (AD)
....” means the amount by which the aggregate value computed in accordance with the provisions of this Act of all the assets, wherever located, belonging to the assessee on the valuation date, including assets, required to be included in his net wealth as on that date under this Act, ......anized manner with set purposes and with a vie to earn profits. Those activities were business activities and the income arising therefrom was assessable under section 10. In that case it was noticed that the Company had no other business excepting the letting out and the management of the ....... The assessee respondent owned the Free School Street properties being a Housing estate. The Company is engaged in the business of acquiring houses and letting them out on monthly rental for the purpose of earning profit upon which the company declared dividend and distributed it ..Category: Fiscal/Taxation Law | Date: | Hits: 78
Commissioner of Income Tax, Dacca Vs. Adamjee Sons Ltd., 1982, 11 CLC (AD)
....ppellant. M. Hossain. Advocate, instructed by S.M. Haque, Advocate-on-Record—For the Respondent. Civil Appeal No. 51 of 1981. On Appeal from the judgment and order dated 157. 1980 passed by the High Court Division in Application No. 9 of 1975. Judgmen......d not separately under section 7(1) of the Wealth Tax Act. There is nothing to interfere. In the result, therefore, this appeal is dismissed without any order as to cost. Ed. ......order of the High Court Division in an application under section 27 (1) of the Wealth Tax Act, 1972. The respondent was assessed to Wealth Tax by the Wealth Tax Officer, Companies Circle (I), Dacca for the assessment year 1963/64 on a total sum of Tk. 2,96,61,282/- by an order dated 14.6 1968 as..Category: Fiscal/Taxation Law | Date: | Hits: 73
Commissioner of Income Tax Vs. Mrs. Masuda Khatun, 1982, 11 CLC (AD)
....h T. Islam and Mostafa Adil, Advocate, instructed by B Hossain, Advocate-on Record. —For the Respondent. Civil Appeal Nos. 130,131 and 132 of 1977. (From the judgment and order dated 13.2.76 passed by the High Court Division in Income Tax Reference Application No, 51 of 1972......he connected appeals, Civil Appeal Nos. 131 and 132 of 1977 were also heard analogously as the same question of law is involved and are disposed of by this judgment. 2. In response to a notice under section 34 of the Income Tax Act (hereinafter referred to as the Act), the respon......exempt from tax in his hand also but the Income Tax Officer rejected the contention and included in his assessment under section 23(3)/34 of the Act the dividends as income received by the assessee for the assessment year 1967-68. 3. The assessee preferred an appeal against this ord..Category: Fiscal/Taxation Law | Date: | Hits: 75
Nurjahan Begum, wife of Mahmudur Rahman Vs. Mahmudur Rahman Mullick , 1982, 11 CLC (AD)
....ocates, Sk. Abul Hossain, Advocate, with him instructed by S. M. Huq, Advocate on Record —For Respondent Nos. 2 to 4. Civil appeal No. 83 of 1980. (From the Judgment and Order dated 27-11-79 passed by the High Court Division in Appeal from Original Decree No. 140 of 1965). ......me the beneficial owner of its property. The custom and habit of the people in this subcontinent acquiring property benami may be attributed to several causes. Some of the important causes as noticed by the authorities, may be enumerated as follows:— (1) The Hindu joint f......ose of the Fourth Court of Subordinate Judge, Dacca in Title Suit No.43 of 1963. 2. Plaintiff Mahmudur Rahman Mullick, since Dead, filed the title suit against the appellant, his wife for declaration that the plaintiff is the real owner of half of the properties described in schedul..Category: Property Law | Date: | Hits: 448
Chairman, D. I. T and another Vs. Chairman, 2nd Labour Court and another, 1981, 10 CLC (AD)
....d, Advocate-on-Record.—For the Respondent No. 2. Not represented—Respondent No. 1. K. A. Bakr, Attorney-General—Amicus Curiae. Appeal No.67 of 1980. (From the judgment and order dated 23.6.79 passed by the High Court Division in Writ Petition No. 59 of 1978). Judgment ......the IndusÂtrial Relations Ordinance and the respondent is a worker under the Industrial Relations Ordinance or under the Standing Orders Act. Before proceeding further it will be conveÂnient to notice the prayer of the respondent that was made before the Labour Court. The respondent stated in ...... of Labour (Standing Orders) Act, (Act VIII of 1965). So the respondent being an employee of the D.I.T. does not come within the meaning of ‘worker’ as defined under the Standing Orders Act. Therefore remedy under section 34 of the Industrial Relations Ordinance, 1969, is not available to him…..Category: Labour and Industrial Law | Date: | Hits: 108
Mrs. H Mansur & ors Vs. Sec. Min. of Pub. Works & Urban Dev., Pub. Works Div, GoB, 1982, 11 CLC (AD)
....General, instructed by A. W. Mallick, Advocate-on-Record— For the Respondents 1-2. Ex-parte.—Respondent 3. Civil Appeal No. 3 of 1981. (From the Judgment and Order dated 26-11-79 passed by the High Court Division in Writ Petition No. 88 of 1976.) Judgment:......hereafter in the middle of November, 1974 the Government appears to have entered into the land and demolished the construction raised upto plinth level by the lessee. On 27.11.74 a show cause notice was issued on the appellants as to why the lease should not be cancelled for violation of cl......1976.) Judgment: Kemaluddin Hossain CJ.-The appellants unsuccessfully moved a writ petition before the High Court Division against the order passed by the Deputy Secretary, Ministry of Public W..Category: Property Law | Date: | Hits: 53
Assessing Officer, Narayangonj Range and others Vs. Burmah Eastern Ltd., 1981, 10 CLC (AD)
....ain, Advocate, Jaynal Abedin, Advocate, Supreme Court with him, instructed by Abdur Rab-II, Advocate-on-Record—For the Respondent. Civil Appeal No. 100 of 1980. (From the judgment and order dated September 1. 1977 passed by the High Court Division in Writ Petition No 222 of 1973). Judg......ed for non-payment of Government dues. 4. Having failed to get any relief from the appellants, respondent filed Writ Petition No. 222 of 1973, before the High Court Division, challenging the notice being proÂcess No. 3823 dated 18.5.1971, issued by the Assessing Officer, Narayanganj Range,......Chowdhury A.T.M. Masud J.-This appeal by special leave arises out of a judgment of a Bench of the High Court Division in Writ Petition No. 222 of 1973 dated 1st September, 1977. Leave was granted for examining the question as to whether the provisions of the Urban Immovable Property Tax Rules, 1..Category: Fiscal/Taxation Law | Date: | Hits: 76
Sonali Bank Vs. Abdul Mannan and others, 1981, 10 CLC (AD)
.... A. Salek, Advocate, instructed by A. W. Mallick, Advocate-on-Record—For the ResÂpondent No. 2. Ex-parte—Respondent No. 3. Civil Appeal No. 117 of 1980. (From the judgment and order dated 5th June 1980 passed by the High Court Division in Writ Petition No. 397 of 1978). Judgmen......t to pay the equivalent of the demonetized notes and hence the amount cannot be paid. Respondent challenged this decision by filing a writ petition in the High Court Division. The High Court Division noticed the corresÂpondence that took place between the appellant and the respondent and was satisf......pondent surrendered 80,000/00 rupee demonetised notes to the Feni Branch of the then National Bank of Pakistan. As per the Regulation the equivalent of 9000/00 rupee demonetised notes were exchanged for the legal tender and for the balance he applied to the Area Committee for release of the same. T..Category: Banking Law | Date: | Hits: 129
Shamsul Alam Vs. Superintendent of Police, Bangladesh Railway and other, 1981, 10 CLC (AD)
.... Khan, Advocate-on-Record—For the Petitioner. Not represented.—Respondents. Civil petition for special leave to appeal No. 23 of 1977. (From the Judgment and order dated 13th July, 1978 passed by the High Court Division in Writ petition No. 381 of 1975). Ju......ting period without any other fact or circumstances does not confer on the person so officiating any substantive right. In this view of the matter this petition is dismissed. Ed. ...... H. Khan, Senior Advocate, with M.A. Baqui Mallik, Advocate, instructed by M.R. Khan, Advocate-on-Record—For the Petitioner. Not represented.—Respondents. Civil petition for special leave to appeal No. 23 of 1977. (From the Judgment and order dated 13th July, 1..Category: Employment/Service Law | Date: | Hits: 83
James Finlay and Co. Ltd. Vs. Chairman, Second Labour Court, Dacca and another, 1981, 10 CLC (AD)
.... (in C.A. Nos. 26 and 27 of 1978) Ex-parte.—Respondent No. 2 (in C.A. Nos. 46 and 47 of1978). Civil Appeal Nos. 26, 27,46 & 47 of 1978 (from the judgment and Order dated 7.1.1977 passed by the High Court of Bangladesh in Writ Petition Nos. 863 and 864 of 1974). ......;loyer or workman may apply to the Labour Court for the enforcement of any right guaranteed or secured to it or him by or under any law or any award or settlement." 13. It will be noticed that the word 'worker' occurs in this section. A challenge was thrown on behalf of the emp......ed in these appeals are common, they were heard analogously and this judgment will govern all the four appeals. 3. The employee who was a senior assistant in the company's establishment for 20 years claimed that he, being the General Secretary of the Workers Union, was involved i..Category: Labour and Industrial Law | Date: | Hits: 91
Profulla Kumar Chakraborty Vs. Anil Proshad Chowdhury and others, 1981, 10 CLC (AD)
....cate-on-Record—For the Appellant. B.B. Roy Chowdhury, Advocate, instructed by A. Rab-II, Advocate-on-Record—For the Respondents. Civil Appeal No, 167 of 1978 (From the Judgment and Order dated 24.6.1975 passed by the High Court Division in Civil Revision Case No. 91 of 1972.) Judgmen......ding to the Bengali Calendar and the last payment of rent was made on 12th Falgoon, 1375 B.S. for the months of Agrahayan, Poush and Magh, 1375 B.S and as the defendant was irregular payment of rent, notice under section 106 of the Transfer of Property Act was served and accepted by him, and in the ......ted 24.6.1975 passed by the High Court Division in Civil Revision Case No. 91 of 1972.) Judgment: K. Hossain CJ.- This appeal by special leave at the instance of the tenant arises out of a suit for ejectment. Facts are that the defendant-appellant was a monthly tenant of the suit premises at t..Category: Tenancy Law | Date: | Hits: 116
Promode Ranjan Saha and others Vs. Govt. of Bangladesh and another, 1981, 10 CLC (AD)
.... Abdus Sobhan, Additional Attorney General instructed by M. R. Khan, Advocate-on-Record- —For the Respondents. Civil Appeal No. 138 of 1979 (From the Judgment and Decree dated 26.11.1971 passed by the Dacca High Court in S.A. No. 1381 of 1962.) Judgment: K. ...... 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. ...... the appeal and the suit had abated, in terms of President's Order No. 90 of 1972. The appellants instituted a suit in the Court of the Subordinate Judge Dacca, being Title suit No, 12 of 1958 for declaration that the acquisition of the Hat at Shakherchar by the Government under Notificatio..Category: Property Law | Date: | Hits: 66
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