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Bangladesh Vs. Md. Misfor Ali and others, 1982, 11 CLC (AD)
....th the charge-" Article 4 (b) of President's Order No. 9 of 1972 defines "Government Servant", Government Servant means and includes every person who for the time being is in the service of the Government of Bangladesh or any corporation constitut......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. ..Category: Employment/Service Law | Date: | Hits: 92
Bangladesh Vs. Md. Matiur Rahman, 1982, 11 CLC (AD)
....t to say that the respondent Matiar Rahman who was the Executive Engineer, Buildings Electrical Division of the Ministry of Public Works and Rural Development failed to submit the estimate in time in compliance with the orders of the Superintending Engineer. He, however, submitted the estim......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. ..Category: Employment/Service Law | Date: | Hits: 87
Commissioner of Income Tax Vs. Chowdhury Ramzan Ali and another, 1982, 11 CLC (AD)
....y;dator, Dacca Electricity Development Company under liquidation. The Commissioner of Income Tax sent demand to the Official Liquidator, who rejected the demand on the ground that it was time barred. Thereafter the Appellate Commissioner of Income made an application before C......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. ..Category: Fiscal/Taxation Law | Date: | Hits: 85
Hajee Khabiruddin Ahmed Vs. Md. Salam Kabir, 1982, 11 CLC (AD)
....construction of the damaged frontal portion of the building. A notice under section 106 of the Transfer of Property Act was served upon the respondent on April 3, 1974. Yet, as it was not issued in time, a fresh notice was issued through the appellant's Advocate under registered post. Despite the ......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
Rokeya Khatun Vs. Alijan @ Alijan Bepari and ors., 1982, 11 CLC (AD)
....tanding the nature of the transaction. In the instant case it is the respondent who seeks to sustain disposition made by Meher Afzan Bibi in favour of her son Mahtabuddin. The fact that in the meantime Mahtabuddin has transferred the entire property to respondent No. 1 Alijan alias Alijan Bepari......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. ..Category: Property Law | Date: | Hits: 57
....iry into alleged misconduct of an employee it is proposed to dismiss, remove from service or reduce such an employee he should be afforded a further opportunity to show cause within a reasonable time, not exceeding one month, why he proposed penalty should not be inflicted. For this purpose an......persona! hearing has, in any way, prejudiced the respondent.
For the reasons stated above, the appeal is allowed but without any order as to costs.
Ed.
This Case is also Reported in:
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Category: Employment/Service Law | Date: | Hits: 109
Khondker Moshtaque Ahmed Vs. Bangladesh, 1982, 11 CLC (AD)
.... appellate Tribunal which shall consist of one member to be appointed by the Government from among persons who are or have been Judges of the Supreme Court of or any High Court that functioned at any time in the territory of Bangladesh. (3) All proceedings of Special Martial Law Courts shall be ......w Court and the order of Government on review are set aside, The orders of conviction passed on the appellant ate hereby quashed. Ed. This Case is also Reported in: 34 DLR (AD) (1982) 222. ..Category: Criminal Law | Date: | Hits: 287
Lebu Mia Vs. Ganesh Chandra Nath and others, 1982, 11 CLC (AD)
.... whom a pre-emption proceeding was started by the principal respondent for pre-emption under section 96 of the State Acquisition and Tenancy Act. The contest was on the points that the petition was time barred and improvement was made. Both the points failed and the pre-emption was allowed and on ......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...Category: Property Law | Date: | Hits: 65
Bangladesh & others Vs. A. K. M. Zahangir Hossain, 1981, 10 CLC (AD)
.... to the members of police force including the subordinate rank hereinafter referred to as 'subordinate police officer', we find that in the Constitution, Police Force has been treated for the first time as a disciplined force' and for that purpose they have been subjected to two restrictions, on...... member of the said 'disciplined force' if he has been illegally dismissed, removed, discharged, reduced in rank or compulsorily retired. Ed. This Case is also Reported in: 34 DLR (AD) 173. ..Category: Constitutional Law | Date: | Hits: 188
General Manager Jamuna Oil Company Ltd. Vs. Golap Rahman & another, 1982, 11 CLC (AD)
....n answering the question whether the advice of the members of the Court is mandatory, Ahsanuddin, J. who delivered the Judgment, said: “Needless to say that difficulties are sometime felt to determine whether a certain provision of statute is directory or mandatory. When the ......t No. 1 who was at first appointed a Driver of an Oil Tanker belonging to the petitioner company was subsequently upgraded as Chief Driver of the Tanker and since then he had been enjoying the pay scale, facilities and privileges of a member of the management staff in Group III. According to Mar..Category: Labour and Industrial Law | Date: | Hits: 97
Bangladesh Vs. Winifred Rubi & ors., 1982, 11 CLC (AD)
....t he believed in good faith and made Saha the Head Master. Though the School started functioning again series of litigations cropped up between the parties, some of which are still pending. At one time the Respondent No.4 filed Title Suit No. 700 of 1975 in the First Court of Munsif for declarat...... 7. In the result, therefore, this appeal is allowed. And the Judgement of the High Court Division are set aside and the writ petition is dismissed. There will be no order as to cost. Ed. ..Category: Property Law | Date: | Hits: 65
Md. Habibur Rahman & ors. Vs. Hasen Ali Mondal and others, 1982, 11 CLC (AD)
.... 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 between the service of the notice and the holding of the meeting in which the no-......atal so as to nullify the notification issued on February 4, 1980. The appeal is allowed. The order of the High Court Division is set aside and the Writ Petition dismissed. No costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 100
Md. Enayet Ali Vs. Munsif of First Court at Khulna & Election Tribunal and others, 1982, 11 CLC (AD)
.... contesting candidates in each of the polling stations in the Paurashava as per statements in Form 'J' in the presence of the contesting candidates of their election agents or polling agents at the time fixed for the purpose and shall declare to be elected the confessing candidate. In...... Court By the majority decision, the appeal is allowed. The orders of the Courts below are set aside and the election petition is dismissed. There will be no order as to cost. Ed. ..Category: Election Law | Date: | Hits: 121
Haripada Biswas Vs. State & another, 1982, 11 CLC (AD)
.... Then section 193 provides in the following: "Cognizance of offenses by Courts of Sessions 1) Except as otherwise expressly provided by this Code or by any other law for the time being in force, no Court of session shall take cognizance of any offence as a Court of o...... the decision of the High Court Division Is set aside and the proceedings in Criminal Miscellaneous Case No. 687 of 1978 of the Court of Sessions Judge, Bakerganj are hereby quashed. Ed. ..Category: Criminal Law | Date: | Hits: 61
Jamil Huq and 11 others Vs. Bangladesh and others, 1981, 10 CLC (AD)
.... review of the action of such authority. Some reasons have been given in the aforesaid two cases. We can gather other reasons from the Constitution. We find, that in the Constitution, for the first time, a new conception has been introduced, that of 'disciplined force', in the services of Bangla......lication under Article 104 of the Constitution is rejected. The verbal prayer for stay of the execution of the sentences made by Mr. MH Khandker is refused. Ed. This Case is also Reported in: ..Category: Constitutional Law | Date: | Hits: 327
Al-Sayar Navigation Co. Vs. Delta International Traders Ltd. and ors., 1982, 11 CLC (AD)
.... No. 38 of 1981 by the plaintiff. 2. The suit was filed by the plaintiff under section 6 of the Admiralty Court Act, 1861. Facts are simple. There was salt crisis in Bangladesh during the relevant time and the Government allowed import of salt. The plaintiff tried to import salt from India but he......plaintiff is assessed at Tk. 7,36,040/- and the decree is passed accordingly. Civil Appeal No. 38 of 1981 is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: ..Category: Admiralty Law or Maritime Law | Date: | Hits: 264
Commissioner of Income Tax, Dacca Vs. Adamjee Sons Ltd., 1982, 11 CLC (AD)
....n held that sections 7(1) and 7(2) of the Wealth Tax Act provided two alternative modes of valuation in relation to the business assets of an assessee. If the wealth tax officer at the time of original assessment exercises his discretion by adopting the basis provided under section 7......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. ..Category: Fiscal/Taxation Law | Date: | Hits: 73
Nurjahan Begum, wife of Mahmudur Rahman Vs. Mahmudur Rahman Mullick , 1982, 11 CLC (AD)
....he premises No. 207A, Park Street, Calcutta for half share of the premises Nos. 12/1 and 12/2, Farashganj Road, Dacca (schedule 'A') belonging to Rama Nath Das. He also stated that at all material times he was in possession of the properties in suits, and the title deeds were in his custody but ......not be sustained. In the result the appeal is allowed, judgment and decree of the trial Court and those of the High Court Division are set aside and the suit is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 448
Habibur Rahman Vs. The State, 1982, 11 CLC (AD)
....of the cases, and sent the case records to the Chief Martial Law Administrator from where the records were again received back by the Tribunal on 22-6-77. The cases remained pending for quite some time and ultimately the Special Tribunal Case No 1 of 1974 was fixed for trial on 12-3-70 and the S......retrial is set aside and the order of the Special Tribunal dated 1-8-1975, allowing the withdrawal is restored. Consequently the petitioner stands acquitted under section 494 Cr.P.C. Ed. ..Category: Criminal Law | Date: | Hits: 46
Bengal Water Ways Ltd. and other Vs. Rahimuddin Ahmed and others, 1982, 11 CLC (AD)
....o. 259 of 1973 in the same Court of the Munsif, and obtained temporary injunction against holding of the meeting with Zohura Khatun. In the course of this litigation. Rahimuddin Ahmed for the first time learnt that Zahiruddin Ahmed had by fraud and collusion, introduced a printed Memorandum and ......private limited Company more or less as a partnership. With these words I concur with the judgment delivered by my learned brother Masud, J. and dismiss the appeal with costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 110
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