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Akhtarun Nessa and another Vs. Habibullah and ors, 1980, 9 CLC (AD)
....b) If more than one tenant holding land contiguous to the land transferred apply under this section, the Court shall determine the order of priority as among such tenant having regard to- (i) the total quantity of land in possession of each of the tenants applying; (ii) Whether the contigu......ication was opposed by the appellants by filing a written objection, contending, inter alia, that the application for partial pre-emption of the kabala land by making partial deposit and in the absence of all necessary parties is not maintainable. 3. The learned Subordinate Judge held that......ertained and its non-fulfillment renders the application liable to be dismissed; and that in the absence of any power to extend the time stipulated in the Act, the order is wholly illegal and without jurisdiction and cannot be sustained. The learned Counsel further submits the pre-emptors were entit..Category: Property Law | Date: | Hits: 32
Bangladesh Vs. Tan Kheng Heck and others, 1978, 7 CLC (AD)
....ship arrived at Chalna on May 4, 1977 and before its arrival the local Agent wrote a letter to the local Customs Authority that the vessel would retain on board for discharge at Rangoon 520 packets total 1009 tons. On May 5, 1977 the local Agent wrote a letter to Customs Khulna to grant "Entry Inw......eedings to continue in accordance with law. The accused will continue on the same bail till an order is passed by the competent Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 69. ......s the offence triable by a special forum, cannot oust the inherent power of the High Court under section 561A of the Code for securing ends of justice. The learned Judges further observed “that the jurisdiction under section 561A exercised by the High Court in exercise of its Inherent power not on..Category: Criminal Law | Date: | Hits: 95
....Order No.67 of 1972. In this view of the matter the contention of Mr. Karim fails. We find no merit in this petition. It is dismissed.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 64.
......records of the Screening Board has held that the provisions of Rule 7(1), (2) and (3) have been complied with by the Board before making the recommendation. In view of this clear finding and in the absence of any material to challenge this finding the contention of Mr. Karim on this ground canno......Order No.67 of 1972. In this view of the matter the contention of Mr. Karim fails. We find no merit in this petition. It is dismissed.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 64.
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Category: Employment/Service Law | Date: | Hits: 72
Controller of the Customs and ors Vs. Shamsur Rahman, 1978, 7 CLC (AD)
.... and Ice Plants as well as G.I. pipes and G.P. sheets of the value of Rs. 2,26,000.00 committed any offence under section 167(8) of the Sea Customs Act by importing G.I. pipes G.P. sheets only of the total value of Rs. 2,19,000/-. 2. Facts necessary for disposal of this appeal may be stated thus.......P. sheets not necessary for setting up the proposed Cold Storage and Ice Plants, abused the industrial licence granted to him. 4. The learned Judges of the High Court took the view that in the absence of any restriction as to the values of G.I. pipes and G.P. sheets in the permit to be import......he appeal is allowed and the order appealed against is set aside. We direct the writ to be recalled. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 60. ..Category: Fiscal/Taxation Law | Date: | Hits: 68
Abdul Latif Mirza Vs. Government of Bangladesh and other, 1979, 8 CLC (AD)
.... 1974, is still existing. Mr. Moudud Ahmed has with a plausible force submitted that of the many grounds which were formulated, ground No.1 has lost its cogency with the existing facts. It has become totally irrelevant. The learned Deputy Attorney General has tried to take shelter under the theoreti......ey-General has further submitted that of the grounds communicated to the appellant, there was at least one ground, viz. Ground No. IV, to which no exception can be taken on the ground of vagueness or absence of materials, and which alone is sufficient to sustain the order of detention. 33. While......such was not available in Court of India but the provision of section 491 of the Code of Criminal Procedure, which empowers a High Court to direct a person within the limits of its appellate criminal jurisdiction to be brought up before it to be dealt with according to law and to set the person, ill..Category: Constitutional Law | Date: | Hits: 408
Moyezuddin and another Vs. State, 1977, 6 CLC (AD)
....ction. Contradiction connotes conflict of two statements so that if one stands, the other cannot. It is difficult to say that the statements made in chief by P.W.7 about the recognition of Jhantu, is totally cancelled by his statement made is cross-examination. The witness has expressed his doubt an...... The appeal is dismissed. The appellants are directed to surrender to their bail bonds and serve out the remainder of the sentences. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 37. ......that the contradiction in the statement of a witness, either with his own statement or with the statement of another witness, is a task of appreciation of the evidence and therefore, it is with the jurisdiction of the trial Court and the Court of appeal on fact, to deal with the question. No doubt..Category: Criminal Law | Date: | Hits: 41
Commissioner of Income Tax, Chittagong Vs. Mst. Safiya Bai, 1978, 7 CLC (AD)
....rpretation of the word admission, used in sub clause (ii) of clause (a) under sub-section (3) of section 16 of the Income Tax Act. Sub-section (3) (a) (ii) reads as under: “(3) in computing the total income of any individual for the purpose of assessment, there shall be included (a) so much ...... the fact is that the minors became partners of the firm not by operation of the Law of Inheritance but by virtue of a contract entered into through their natural guardian, the mother, because in the absence of the deed executed on March 31, 1958 which was amended on April 12, 1958 the minors could ......n of the applicants as the question has been rightly answered by the High Court. Therefore, the appeal is dismissed without costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 41. ..Category: Fiscal/Taxation Law | Date: | Hits: 85
Bangladesh Vs. Moslem Mia, 1978, 7 CLC (AD)
....dinary litigant. We do not find any substance in this appeal. In the result, the appeal is dismissed. We make no order as to cost. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 45. ......n the case of Superintendent of Central Excise, Lyallpur Vs. Ch, Fakir Muhammad (1958) 10 DLR (SC) 168 refused to condone the delay. In support of his contention Mr. Bhuiyan submitted that in the absence of any provision under the Town Improvement Act relating to limitation for filing the appeal......dinary litigant. We do not find any substance in this appeal. In the result, the appeal is dismissed. We make no order as to cost. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 45. ..Category: Procedural Law | Date: | Hits: 101
....the High Court and restore that of the Income Tax authority. As there is no appearance on the other side we make no order as to costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 48. ......the High Court and restore that of the Income Tax authority. As there is no appearance on the other side we make no order as to costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 48. ......e to pay Rs. 21,542/- in part payment of the provisional demand, which amounted to Rs. 34,572/-. Having failed to obtain redress from the Income Tax authorities, he moved the Dacca High Court in writ jurisdiction. The High Court took the view, that the Respondent had never made a "return" of his inc..
Category: Fiscal/Taxation Law | Date: | Hits: 78
Matiur Rahman Vs. Habibur Rahman and others, 2006, 35 CLC (AD)
.... holder in the suit land. 7. In view of the above, we do not find any substance in the submissions of the learned Advocate for the petitioner. 8. The petition is dismissed. Ed. ......tion by order dated 27.11.1983 set aside the order passed by the defendant No.2 Additional Deputy Commissioner (Revenue), Patuakhali; that the order dated 27.11.1983 had been passed exparte in the absence of the plaintiff and no notices had been ever issued upon the plaintiff and the order dated......4 S.A.P.K. of 1980/81 and subsequent passing of the order dated 29.12.1993 passed by the defendant No.1 in respect of the plaintiffs' permanent settlement are illegal, void, ineffective and without jurisdiction. 2. The short fact relevant for our purpose is that plot No. 99 had been an ab..Category: Property Law | Date: | Hits: 24
Md. Alimuzzaman Khan Vs. Mohammad Golam Kibria, 2006, 35 CLC (AD)
....aterials on record arrived at a correct decision. We find no cogent reason to interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. ......aterials on record arrived at a correct decision. We find no cogent reason to interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. ......illegality by not signing the second contract dated 13.12.1989 and consequently termination of his service for not signing the second contract was illegal, void, incompetent, collusive and without jurisdiction. The High Court Division further held that the relationship between the plaintif..Category: Employment/Service Law | Date: | Hits: 82
Sree Hare Krishna Das Vs. Government of Bangladesh, 2006, 35 CLC (AD)
....ring the review petition filed by the petitioner, rejected the same. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 146. ......ring the review petition filed by the petitioner, rejected the same. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 146. ......as it is evident from letter dated 21.12.1991; the Administrative Appellate Tribunal illegally held that the learned Member of the Administrative Tribunal was right in holding that it had no jurisdiction to scrutinize the order of dismissal of the petitioner as he was dismissed from servic..Category: Administrative Law | Date: | Hits: 92
Md. Abdul Ali Bhuiyan Vs. Jahura Khatun and Others, 2006, 35 CLC (AD)
....and to defendant No.6 and Exts.’ Kha' and 'Ga', dated 13.3.72 showed that the defendant No.1 sold .26 acres and .42 acres of land to the defendant 7 and 8 and thus the defendant No.1 sold in total 1.08 acres of land, though he was left with only 1.06 acres of land. Besides that the defenda......s any instance of misreading and non-reading. So the concurrent findings of fact arrived at by the courts below can not be disturbed. The leave petition is accordingly dismissed. Ed. ......s any instance of misreading and non-reading. So the concurrent findings of fact arrived at by the courts below can not be disturbed. The leave petition is accordingly dismissed. Ed. ..Category: Property Law | Date: | Hits: 33
Government of Bangladesh Vs. Md. Osimuddin, 2005, 34 CLC (AD)
....ince allegation of suppression of the summons in obtaining ex parte decree sought to be set aside by initiating new action was not established. The appellate Court upon introducing irrelevant matters totally unconnected with the issue in the suit and that on the basis of baseless presumption as well......ommitted "in the proceedings of the Court", that the plaintiff failed to prove that he was prevented from appearing in the Title Suit No. 860 of 1981. The High Court Division further observed "In the absence of any fraud committed in the proceeding before the trial Court the ex parte decree unless r......3.4.1955 and as such the Title Suit No. 460 of 1981 being barred under the Forest Act the High Court Division was in error in not holding that the decree in Title Suit No. 860 of 1981 was without jurisdiction and finally that the High Court Division was in error in interfering with the finding o..Category: Property Law | Date: | Hits: 38
Bangladesh Vs. AKM Enayetullah, 2006, 35 CLC (AD)
....t aside and we set aside the impugned judgment of the High Court Division. In the result, the appeal is allowed with observation made hereinabove. No order is made as to cost. Ed. ......t aside and we set aside the impugned judgment of the High Court Division. In the result, the appeal is allowed with observation made hereinabove. No order is made as to cost. Ed. ......dent's writ-petition committed an error of law resulting in an error in the decision causing failure of justice. 10. Learned Counsel further contended that High Court Division acted without jurisdiction in entertaining the writ-petition itself despite there being decisions of this Court t..Category: Employment/Service Law | Date: | Hits: 69
Mustafizur Rahman Vs. Md. Amjad Hossain, 2006, 35 CLC (AD)
....ela, conclusion can safely be arrived at that Rativan Bibi executed the Heba deed in favour of her grandson through her daughter at the relevant time deceased and in favour of her another daughter totally of her own free will and she (Rativan Bibi) executed the deed being fully aware of the cont......the suit. 20. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. ......g on her. 7. As against the judgment and decree of the trial Court, the plaintiff went on appeal but without any success. Thereupon the plaintiff moved the High Court Division in revisional jurisdiction and obtained the Rule. 8. The High Court Division made the Rule absolute on the..Category: Property Law | Date: | Hits: 30
Tahedul Islam (Md) and others Vs. Md. Mojibar Rahman and others, 2006, 35 CLC (AD)
.... in interfering with the judgment of the appellate Court and thereupon restoring the judgment of the trial Court. Accordingly, the appeal is dismissed. There is no order as to cost. Ed. ...... in interfering with the judgment of the appellate Court and thereupon restoring the judgment of the trial Court. Accordingly, the appeal is dismissed. There is no order as to cost. Ed. ......rt and the other materials already on record as well as in the light of the observations made by the appellate Court. 9. The plaintiff then moved the High Court Division in revisional jurisdiction and obtained the Rule. The High Court Division made the Rule absolute upon observing t..Category: Property Law | Date: | Hits: 36
Abdul Mazid Khan (Md) Advocate Vs. State and another, 2006, 35 CLC (AD)
....impugned judgment of the High Court Division and other materials on record. 9. He submits that the High Court Division committed error in disregarding the fact that the investigating agency totally failed to find out the source of supply or origin of the supply of the grenade thrown towar...... aspect of the matter. 25. It has been found by the learned Magistrate that the investigating agency, on the materials collected, found accused Abdul Quayum to have supplied the grenade. The absence, if any, of locating the beneficiaries of the murder, does not necessarily call for directi......g the needful in accordance with law, who is directed to inform this Court through the Registrar of the Supreme Court as to the action taken in the matter within 3 months from date. Ed. ..Category: Criminal Law | Date: | Hits: 43
Farida Akhter and others Vs. Bangladesh, 2005, 34 CLC (AD)
....r women which are allocated to a Province under clause (1A) shall be elected in accordance with law through proportional representation system of political parties lists of candidates on the basis of total number of general seats secured by each political party from the Province concerned in the Nat......ng the cause of democracy through a process which could not be termed as undemocratic. In the result, the petitions are dismissed. Ed. This Case is also Reported in: 11 MLR (AD) (2006) 237. ......t the other provisions of the Constitution have been made to facilitate and not to hinder but to realise the ends and objects of the fundamental principles of State policy. A question arose in Indian jurisdiction in the case of Madras vs Chamapakan Domiragan reported in AIR 1951 SC 226 as to whether..Category: Constitutional Law | Date: | Hits: 221
Majid Sheikh alias Majid and others Vs. State, 2006, 35 CLC (AD)
....if not wanted in any other connection. The appeal so far as of remaining three appellants: namely, (1) Majid Sheikh alias Majid, (2) Manik Sarder and (3) Zinnah Sarder is dismissed. Ed. ......High Court Division. So many decisions by this Division have earlier been pronounced to the effect that confessional statement of co-accused cannot be basis of conviction of other co-accused in the absence of other independent evidence. We are surprised to find that the High Court Division per i......if not wanted in any other connection. The appeal so far as of remaining three appellants: namely, (1) Majid Sheikh alias Majid, (2) Manik Sarder and (3) Zinnah Sarder is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 36
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