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Government of the People’s Republic of Bangladesh Vs. Abdur Rahman and others, 2006, 35 CLC (AD)
....For the Appellants. Md. Nawab Ali, Advocate-on-record- For Respondent No. 1. Not represented-For Respondent Nos. 2 & 3. Civil Appeal No. 211 of 2000. (From the Judgment and Order dated May 28, 1998 passed by the High Court Division in Civil Revision No. 364 of 1996) Judgment......itration Appellate Tribunal. In view of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with cost to be paid by the appellant No. 1. Ed.......uisition and Requisition of Immovable Property Ordinance, 1982 (II of 1982) (Amending Act 20 of 1994), Section 31 A person, whose land was acquired and the Deputy Commissioner awarded compensation for the said acquired land files a revision award case. That itself can sufficiently be considered t..Category: Property Law | Date: | Hits: 58
Government of Bangladesh and others Vs. Md. Shahjahan Gazi, 2006, 35 CLC (AD)
....ocate-on-Record- For the Petitioners Not represented- For Respondent Civil Petition for Leave to Appeal No. 1605 of 2001. (From the judgment and order dated 29-04-2001 passed by the High Court Division in Writ Petition No. 729 of 1990). ......l is directed against the judgment and order dated 29-4-2001 passed by the High Court Division in Writ-petition No. 729 of 1990 making the Rule absolute. 2. The Writ-petitioner challenged a notice under Memo No.MG/ga/108/89/680 dated 12-12-1989 issued from the office of the District Magis......, Additional Attorney General, instructed by Md. Ahsan Ullah Patwary, Advocate-on-Record- For the Petitioners Not represented- For Respondent Civil Petition for Leave to Appeal No. 1605 of 2001. (From the judgment and order dated 29-04-2001 pa..Category: Criminal Law | Date: | Hits: 42
Government of Bangladesh and others Vs. A.K.M. Fazlul Haque, 2006, 35 CLC (AD)
....sp; T.H. Khan, Senior Advocate, instructed by Khaled Ahmed, Advocate-on Record- For the Respondent Civil Appeal No.283 of 2002 (From the judgment and order dated 301 November 2000 passed by the Administrative Appellate Tribunal in Appeal No. 1 of 2000). ......stance in the appeal in order to interfere with the impugned judgment and order of High Court Division. 24. The appeal is, accordingly, dismissed without any order as to cost. Ed. ......ontest against the order No.3 dated 3.1.2000 in Administrative Tribunal Case No.282 of 1999 rejecting as premature the application filed under section 4(2) of the Administrative Tribunal Act, 1980 for respondent's reinstatement in service as Assistant Director after setting aside the order dated..Category: Administrative Law | Date: | Hits: 124
Md. Shafique Ahmed Vs. Bangladesh, 2006, 35 CLC (AD)
....cord-- For the Petitioner Not represented-For the Respondent Civil Review Petition No. 32 of 2000. (From the judgement and order dated 12th March 2000 passed by this Division in Civil Petition for leave to appeal No. 645 of 199...... 50 DLR (AD)82. 3. Mr. Aftab Hossain, the learned Advocate-on-Record, has tried to distinguish the facts of the aforesaid cases arguing that the curtailment took place without service of any notice upon the petitioner and respondent No. 2 upon malafide and arbitrary exercise of jurisdicti......ent Civil Review Petition No. 32 of 2000. (From the judgement and order dated 12th March 2000 passed by this Division in Civil Petition for leave to appeal No. 645 of 199) Judgment: &n..Category: Others | Date: | Hits: 106
Com. of In. Tax, Dacca Zone, Dacca Vs. M/S. Badridas Full-chand, Saidpur, Rangpur, 1981, 10 CLC (AD)
....e-on-Record—For the Appellant. Not represented-The Respondent. Civil Appeal No. 79 of 1977. (From the judgment and order dated 31 5.1973 passed by the High Court Division in Income Tax Reference Case No. 7 of 1970). ......6 and also filed an application for renewal of registration under section 26A of the Income-Tax Act for the said periods. The assessee-respondent did not comply with the terms of the statutory notices issued under sections 23(2) and 22(4) of the Income-Tax Act, as such the Income-Tax Officer......nbsp; Badrul Haider Chowdhury J: This appeal arises by way of special leave. The respondent filed income-tax returns without any statement of accounts for the assessment years 1963-64, 1964-65 and 1965-66 and also filed an application for renewa..Category: Fiscal/Taxation Law | Date: | Hits: 76
Amar Chandra Saha Vs. Ajit Kumar Das, 1981, 10 CLC (AD)
....dash;For the Appellant M. H. Khandker, instructed by B, C. Panday, Advocate-on-Record—For the Respondent. Civil Appeal No. 3-D of 1971. (From the Judgment and Order dated 29th November, 1968 of the High Court of East Pakistan in Civil Rule Nos. 1286 and 1313......revision under Small Cause Courts Act and directing a suit for ejectment to be presented in a proper Court. 2. Facts in brief are that plaintiff-appellant filed a suit for ejectment after a notice under section 106 of the Transfer of Property Act, against the tenant-respondent, on the gro......sp; Kemaluddin Hossain J.- This is an appeal on special leave from the decision of a Single Judge of the Dhaka High Court allowing a revision under Small Cause Courts Act and directing a suit for ejectment to be presented in a proper Court. 2. Facts in brief are that plaintiff-appel..Category: Property Law | Date: | Hits: 44
....n-Record—For the Appellant.
Hubibul Islam Bhuiyan, Advocate, instructed by Sajjadul Haq, Advocate-on-Record—For the Respondent.
Civil Appeal No. 120 of 1978
(From the judgment and order dated April 3, 1975 passed by the High Court Division in Income-tax Reference Case No. 2 of 1969)
......ates to the income for the period 1365 B.S. suffers from want of jurisdiction. In the result, the appeal is allowed and the question is answered in the negative. We make no order as to costs.
Ed.
......ircumstances of the present case, the Tribunal was justified is not interfering with the action of Income-tax Officer in connection with the income of that branch M/s. Jamal Jute Baling & Co. for the assessment years 1365 and 1366 B.S. while framing the assessment of M/s Jamal Soap Factory..
Category: Fiscal/Taxation Law | Date: | Hits: 78
Government of Bangladesh Vs. Md. Abdus Subhan &. others, 1979, 8 CLC (AD)
....e-on-Record, —For the Petitioners. Md. Aftab Hossain, Advocate-on-Record. — For the Respondents. Civil Petition for Special Leave to Appeal No. 339 of 1979. (From the judgment and order dated the 14th August, 1979 passed by the High Court Division in Writ Petition No. 42 of 1977). J......er handed over possession to Respondents 1 and 2 on the same day. The deed of sale was exeÂcuted on 14.2.72. The respondents while in possession were evicted forcibly on 5.2.75 withÂout serving any notice, allegedly under the provisions of P.O. 16 of 1972. Respondent No. 1 filed an application und......o. VII of 1977 Owner in possession in pursuance of a valid agreement and the agreement culminated into a valid deed of transfer executed by the owner and the holding never abandoned by the owner before, forcible eviction of the possessors of such right from the premises is illegal under PO XVI of..Category: Property Law | Date: | Hits: 67
Abdul Jabbar Khan @ Jabbar Khan & ors Vs. State and another, 1980, 9 CLC (AD)
....eputy Attorney-General, instructed by B. Hossain, Advocate-on- Record—For Respondent No. 1. Not represented—Respondent No. 2. Criminal Appeal No 19 of 1979. (From the judgment and order dated 16-2-77 passed by the High Court Division in Criminal ReviÂsion No. 152 of 1974). Judgment......been led for the prosecution, the Magistrate ordered to initiate proceeding against Chan Khan jointly with other accused. The trial was commenced de novo and Chan Khan was convicted. RobiÂnson, C.J. noticed that section 190 Cr. P C. provides that cognizance may be taken of any offence and that no r......olice case and since the police did not submit charge-sheet, he is not authorized by law to take cognizance agaÂinst these appellants………………(10) The Magistrate has been given the power for using discretion whether to proceed by way of issuÂing processes or not by the Court………â€..Category: Criminal Law | Date: | Hits: 60
Bangladesh Vs. Hail Abdul Gani Biswas and others, 1980, 9 CLC (AD)
.... A. Wadud Miah, Advocate-on-Record—For Respondent No. 7 in C.A. 74 of 1974. S. R. Pal, Senior Advocate—Amicus Curiae. Civil Appeal Nos. 31 to 77 of 1974. (From the judgment and order dated 26-7-74 passed by the High Court Division in Writ Petition Nos, 85, 96, 100, 109, 111, 113, 12......ion of the High Court Division set aside and remitted back to the High Court Division for disposal. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 233 ......nveyance on valuable consideration with delivery of possession to the transferee shall notwithstanding anything contained in the document of transfer shall constitute a complete usufructuary mortgage for a period of maximum of seven years. The P.O. 88/72, 136/72 and 24/73 are protected by the pro..Category: Property Law | Date: | Hits: 85
Nasiruddin Vs. Government of the People's Republic of Bangladesh & ors, 1980, 9 CLC (AD)
....ddl. Attorney-General, with Matiur Rahman, Asst. Attorney-General, instructed by B. Hossain, Advocate-on-Record— For the Respondents. Civil Appeal No. 9 of 1980. (From the Judgment and Order dated 13.12.1979 passed by the High Court Division in Writ Petition No. 296 of 1978) Judgment: ......xecution a sale deed was registered through Court. Earlier to that on 17-10-77 Martial Law Regulation No. VII of 1977 was promulgated. The appellant filed writ petition No. 296 of 1978 challenging a notice being Memo No. AP-18-Sakha(a)/77/205 dated 21-3-78 issued by Abandoned Property authority a...... authority decides the abandoned character of a property resulting in the vesting of that property in the Government the question whether the property is abandoned or not is not a justiciable issue before the High Court Division. ………………(6) Emergency proclaimed on December 28, 1974 was..Category: Constitutional Law | Date: | Hits: 157
Abdur Rashid Vs. Secretary, Ministry of Cabinet Affairs, EstaÂblishment Div & ors, 1980, 9 CLC (AD)
....istant Attorney GeÂneral, instructed by Zinnur Ahmed, Advocate-on-Record—For Respondent Nos. 1 & 2. Ex-parte—Respondent No. 2. Civil appeal No. 124 of 1979 (From the judgment and order dated 16-3-79 passed by High Court Division in Writ Petition No. 15 of 1978.) Judgment: K. Ho......r should be retained in service after awarding lesser puniÂshment…………..(7) In awarding higher punishment, it cannot be argued that duty has been cast upon the appointing authority to give notice of the proposed higher punishment, unless it can be shown that it was passed arbitrarily or c......s, EstaÂblishment Division & ors...........Respondents Judgment Jan 7, 1980. Awarding Higher Punishment to Delinquent Government Servant than prescribed in the inquiry proceeding. It is for the appointing authority to decide whether a corrupt officer should be retained in service after..Category: Employment/Service Law | Date: | Hits: 70
Afzal Khan Vs. Election Tribunal and Munsif. 3rd Court, Comilla and other , 1980, 9 CLC (AD)
....or Advocate with Zamiruddin Ahmed, K Z Alam, Advocate, instructed by Syed Sakhawat Ali, Advocate-on Record—For the Respondent No. 2. Civil Appeal No. 88 of 1979. (From the judgment and order dated 2nd February, 1979 passed by the High Court Division m Writ Petition No. 847 of 1978.) Judg......hat the High Court Division had adopted a correct course in checking the ballot papers of the 14 polling stations and this and this cannot be termed as adopting double" standard. 10. As has been noticed, Abdul Jalil, ResÂpondent No. 2 was declared, elected by the Presiding Officer by a margin ...... Tribunal has got power to reopen the ballot boxes and recount the ballot papers provided sufficient foundation has been laid to come to the finÂding that the recounting is indispensably necÂessary for adjudication of the election petition. ..…………(13) The High Court Division thereÂfore..Category: Election Law | Date: | Hits: 136
Badsha Mia Bepari Vs. Abul Bashar & ors., 1980, 9 CLC (AD)
....rd...For the Appellant. Md. Shafiqur Rahman, Advocate-on-Record —For Respondent nos. 1—3. Ex-parte—Respondent Nos. 4—22. Civil appeal No. 60 of 1979. (From the Judgment and Order dated 18-7-78 passed by the High Court Division in Civil Revision Case No. 1062 of 1965.) Judgmen......lating back becomes academic having no bearing with merits of the appeal. For the foregoing reason this appeal is dismissed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 183 ......i... ….Appellant. Vs. Abul Bashar & ors... ………Respondent Judgment Jan. 15, 1980. The State Acquisition of Tenancy Act, 1950 (Act XXVIII of 1951), section 96. Specific Performance of Contract A sale in pursuance of a decree for specific performance of contract is pre-..Category: Property Law | Date: | Hits: 57
Abdus Sattar & others Vs. Suresh Chandra Das & others, 1978, 7 CLC (AD)
.... we set aside the decision of the High Court Division and restore that of the trial Court. The appeal is allowed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 170. ......n substance, apart from other grounds not relevant for this appeal, was that the tenanÂcy was in favour of Balaram, and on his death it has devolved upon both the respondents as his heirs and so the notice to quit u/s. 106 of the first Respondent was insufficient. 3. The trial Court on considera...... the tenant. The other question of law involved will be dealt with at its appropriate place. 2. Facts, in brief, are that the appellants as plaintiff landlords instituted a Small Cause Courts suit for ejectment of Respondents. Their case for ejectment is that Balaram, father of Respondents, was a..Category: Tenancy Law | Date: | Hits: 67
Abul Khair Mia Vs. Abdul Latif Sardar, 1980, 9 CLC (AD)
....¦â€¦.(4) The last Court of fact held that summons was fraudulently suppressed and not this was not reversed by the High Court Division. Once fraud is established, limitation will run only from the date when the fraud is detected. If fraud is proved then there is no question of limitation………......ss Server was obstructed in executing the writs of attachment and delivery of possession on 21-3-66. In this view of the matter the appeal was dismissed. On revision the High Court Division, however, noticed that the two mokabila witnesses were not exaÂmined and the evidence of the Process Server d...... the High Court DiviÂsion in Civil Revision Case No. 767 of 1974. 2. Plaintiff appellant instituted Title Suit No. 3 of 1966 in the 3rd Court of SubordiÂnate Judge, Dacca against the respondents for ejectment after termination of tenancy under section 109 of the Transfer of Property Act. The su..Category: Property Law | Date: | Hits: 69
Bangladesh CheÂmical Industries Corporation and anr Vs. Sk. Abdur Rashid , 1980, 9 CLC (AD)
....ocate, instructed by Aminul Huq, Advocate-on-Record—For the Appellant. Md. Aftab Hossain Advocate-on-Record— For the Respondent. Civil Appeal No. 49 of 1979 (From the judgment and Order dated 17-8-78 passed by the High Court Division in Writ Petition No. 445 of 1976). Judgment: ......Chief Accountant, it is patently hit by the rule enuÂnciated in the case of Bangladesh Small Industries Corporation vs. Mahbub Hossain 29 DLR (SC) 41 inasmuch as the respondent was not given a prior notice. The order of 26th DeceÂmber 1972 being the only order on which the Appellants have taken th......................................................Respondent Judgment November 15, 1979. Service Matter Part of the disputed matter of this writ petition which was concluded earlier by the former writ petition, the corporation cannot be allowed to raise that matter again in this writ peti..Category: Employment/Service Law | Date: | Hits: 70
State, People's ReÂpublic of Bangladesh and others Vs. Haji Joynal Abedin, 1980, 9 CLC (AD)
....22) Order under any Martial Law Regulations are immune from all attacks before any Court including the Supreme Court. Proclamation (Amendment) Order, 1977 (P.O. I of 1977) Validated all orders passed by the President or Chief Martial Law Administrator- Therefore vires of clau......the decision of the majority the appeal is allowed. The judgment and order of the High Court Division dated May 4, 1978 are set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 110. ......d. Proclamation of 15th August, 1975 provided that Proclamations, Martial Law Regulations and Orders shall have precedence over the Constitution. Constitution cannot be said to be still in force as the Supreme law of the country, untrammelled by the Proclamations and Martial Law Regulatio..Category: Criminal Law | Date: | Hits: 294
Dr. Mozammel Huq Chowdhury Vs. Chief Martial Law Administrator and others, 1980, 9 CLC (AD)
.... an accused in Motijheel P. S. Case No. 70 of 1978 filed the aforesaid writ petition challenging the legality of the order of the Chief Martial Law AdmiÂnistrator published in Gazette Extra Ordinary date May 24, 1978 transferring Motijheel Police Station Case No. 70 under section 302/20/193/197 B.P......to show that the order of transfer has been made with mala fide intention. For the reasons stated above, the Petition is dismissed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 100. ......sult: The Petition is dismissed. The Code of Criminal Procedure, 1898 (Act V of 1898), section 197. SancÂtion under section 197 Cr.PC. can be obtained after submission of charge-sheet but before the trial commences………….(4) When facts show the commission of an offence it becomes ..Category: Criminal Law | Date: | Hits: 58
Bangladesh Vs. Abdur Rashid and others, 1980, 9 CLC (AD)
....by M. R. Khan, Advocate-on-Record—For the Appellant. Ex parte—The Respondents. T. H. Khan, Senior Advocate—Amicus Curiae. Civil Appeal No. III of 1978. (From the Judgment and order dated 18th July, 1977 passed by the High Court In F.A. No. 362 of 1969). Judgment: K. Hossain......taken over on the same date by the Deputy Commissioner, Dacca under sub-section (1) of section 93A of the Town Improvement Act, 1953. The land was subsequently acquired on June 23, 1969 after serving notices on the respondents on April 30, 1960 as required under sub-section (4) (a) and (b) of sectio......). When no Tribunal has been set up, any refeÂrence to the Tribunal under section 93A shall be construed as referring to Court under the Land Acquisition Act, 1894……..(6) There is no scope for invoking the general provision of the Land Acquisition Act, 1894 to invest the said Court with a..Category: Others | Date: | Hits: 86
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