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Sultan Ahmed, Advocate and others Vs. Haji Sultan Ahmed and others, 1982, 11 CLC (AD)
....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. ......he dispute to submit written statements in support of their respective claims to possession of the land. If the Magistrate considers the case as one of emergency he may at any time attach the subject-matter" of the dispute pending his decision under this section. Sectio......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. ......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. ..Category: Criminal Law | Date: | Hits: 51
Govt. of Bangladesh Vs. Md. Arshad Ali, 1982, 11 CLC (AD)
....eal is allowed. The judgment and order of the High Court Division are set aside and the writ petition is dismissed. We make no order as to costs. Ed. ......gold was seized, as per London market's average monthly price @ Tk, 562.63 per tola; and that the price of the gold at Tk. 4,68,913.00 quoted in the writ petition was not the price at the relevant time and that the market price of the seized silver was Tk. 24,932.00 paisa in 1975 as per London ma......shy;ed in rule 7 of the Resolution of the Ministry of Finance dated 18-8-58, confers a right which can be enforced by a writ petition. 2. Respondent Mohammad Arshad Ali caused detection and recovery of 1514 tolas of gold and 3271 tolas of silver in the course of smuggling from Bangladesh ......e sustained. Therefore, the appeal is allowed. The judgment and order of the High Court Division are set aside and the writ petition is dismissed. We make no order as to costs. Ed. ..Category: Criminal Law | Date: | Hits: 171
M/s. Everett Orient Lines Inc. Vs. Commissioner of Income Tax Ctg Zone, Ctg, 1982, 11 CLC (AD)
....eals are allowed. The judgement of the High Court Division is set aside and the orders of the Tribunal are restored. There will be no order as to costs. Ed. ......ther sum in respect of the year of erection of installation for the year in which such building, plant or machinery is used by the assessee for the first time for the purpose of his business, professions or vocation or the year in which commercial......esult, therefore, both the appeals are allowed. The judgement of the High Court Division is set aside and the orders of the Tribunal are restored. There will be no order as to costs. Ed. ......esult, therefore, both the appeals are allowed. The judgement of the High Court Division is set aside and the orders of the Tribunal are restored. There will be no order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 114
Messrs. Haji Noor Ali Sowdagar & Sons Ltd. Vs. Comm. of Sales, Tax, Ctg Zone, 1982, 11 CLC (AD)
....ot be accepted. In my opinion the question has been correctly decided by the High Court Division. Therefore, the appeal is dismissed with costs. Ed. ......is refundable, and the assessee is entitled to the credit of the sales-tax paid on the partly manufactured goods. 4. It is admitted that the appellant was not a licensed manufacturer at the time of importation of the raw materials. Section 4(b) provides for exemption in the cases of impor......hy;tention of the assessee cannot be accepted. In my opinion the question has been correctly decided by the High Court Division. Therefore, the appeal is dismissed with costs. Ed. ......hy;tention of the assessee cannot be accepted. In my opinion the question has been correctly decided by the High Court Division. Therefore, the appeal is dismissed with costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 95
Mofizur Rahman Khan Vs. Government of Bangladesh, 1982, 11 CLC (AD)
....ms, without any cost. In the result, Civil Appeal Nos. 73 and 124 of 1981 are dismissed. No order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) 321. ......invalidity are capable of being removed and are in fact removed and the law made competent. It may be done by providing for jurisdiction, where jurisdiction had not been properly invested before. Sometimes this ii done by re-enacting it retrospectively and then by fiction making the action already t...... disposed of in these terms, without any cost. In the result, Civil Appeal Nos. 73 and 124 of 1981 are dismissed. No order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) 321. ...... disposed of in these terms, without any cost. In the result, Civil Appeal Nos. 73 and 124 of 1981 are dismissed. No order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) 321. ..Category: Constitutional Law | Date: | Hits: 188
Abdul Halim Mollah @ Monohar Mollah & anr Vs. Member, App Tribunal Dacca & ors., 1982, 11 CLC (AD)
....ntertained. I would, therefore, allow the appeal. Order of the Court By the majority judgment the appeal is dismissed. Ed. ......on raised by the learned Counsel. This section provides that no appeal shall lie from any judgment and order of a Criminal Court except as provided for by this Code or by any other law for the time being in force. According to this section, appeals lie from judgment or orders of Criminal Co......nion is that such appeal cannot be entertained. I would, therefore, allow the appeal. Order of the Court By the majority judgment the appeal is dismissed. Ed. ......nion is that such appeal cannot be entertained. I would, therefore, allow the appeal. Order of the Court By the majority judgment the appeal is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 40
Bangladesh Vs. Md. Misfor Ali and others, 1982, 11 CLC (AD)
....herefore, 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. ......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. ......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)
....the Writ Petition is dismissed with the modification that; the punishment is altered to compulsory retirement. No order as to costs. Ed. ......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......e Court of law. To my mind the charge proved calls for a minor punishment, namely, censure or withholding of promotion for a specified period. It is interesting that Rule 4(2) (d) provides for recovery from pay of the whole or in part of any pecuniary loss caused to Government by negligence ......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
Rajan Miah Vs. Abdur Rashid and another, 1982, 11 CLC (AD)
....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. ...... 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. ......directed against the judgment and order of the High 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 appell...... 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. ..Category: Property Law | Date: | Hits: 47
Commissioner of Income Tax Vs. Chowdhury Ramzan Ali and another, 1982, 11 CLC (AD)
..... 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. ......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. ......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)
....able 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. ......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. ......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)
.... 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. ......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. ......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
.... 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:
......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:
......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:
..
Category: Employment/Service Law | Date: | Hits: 109
Khondker Moshtaque Ahmed Vs. Bangladesh, 1982, 11 CLC (AD)
....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. ...... 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. ......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)
....ase 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....... 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.......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
Abdul Hamid Vs. Abdul Jabbar , 1982, 11 CLC (AD)
....ppeal is allowed, the order of the High Court Division is set aside and that of the Subordinate Judge is restored. There will be no order as to costs. Ed. ......rder 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, an application under section 144 of the Code claiming restoration of possession of the land t......eir mother on an application under section 10 of the Guardians and Wards Act, 1887; maintenance was accordingly paid but after a few years that order was reversed whereupon he prayed for recovery of the money already paid invoking section 144 of the Code. The High Court held that secti......o this modification the appeal is allowed, the order of the High Court Division is set aside and that of the Subordinate Judge is restored. There will be no order as to costs. Ed. ..Category: Civil Law | Date: | Hits: 82
Bangladesh & others Vs. A. K. M. Zahangir Hossain, 1981, 10 CLC (AD)
....iplined 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. ...... 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. ......was confirmed in appeal by the Inspector General of Police. Respondent No. 1 along with others was put on guard at a Bank and when some miscreants launched an attack on them, they surrendered their arms to the miscreants without offering any resistance. Respondent No. 1 along with others were plac..Category: Constitutional Law | Date: | Hits: 188
General Manager Jamuna Oil Company Ltd. Vs. Golap Rahman & another, 1982, 11 CLC (AD)
....urt itself either cannot compel the attendance of such member or extract his advice. For the reasons stated above, the appeal is dismissed with costs. Ed. ......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 ......dinance shows that the Court itself either cannot compel the attendance of such member or extract his advice. For the reasons stated above, the appeal is dismissed with costs. Ed. ......dinance shows that the Court itself either cannot compel the attendance of such member or extract his advice. For the reasons stated above, the appeal is dismissed with costs. Ed. ..Category: Labour and Industrial Law | Date: | Hits: 97
Bangladesh Vs. Winifred Rubi & ors., 1982, 11 CLC (AD)
....refore, 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. ......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. ...... 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)
.... 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. ...... 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. ......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
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