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Khondker Moshtaque Ahmed Vs. Bangladesh, 1982, 11 CLC (AD)
....o the question was in the affirmative, 13. In 32 DLR (AD) 26 the Court considered against the terms of Martial Law Regulation No. VII of 1977 when the Court considered that the appellant got into possession, of the properly on the footing of a contract of sale on October, 1971 long before the pr......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. ......re 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. ......against the petitioner under Regulation No. XI of Martial Law Regulation No. 1 of 1975 which was amended afterwards. These facts, however, colorful mala fide might be this Court cannot go into that question in view of the fact that the Martial Law Regulation by which the amendments have been mad..Category: Criminal Law | Date: | Hits: 287
Lebu Mia Vs. Ganesh Chandra Nath and others, 1982, 11 CLC (AD)
....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.......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.......r section 60 of the Registration Act, such pre-maturity can be cured, if during trial the pre-maturity is cured with registration of the Deed, otherwise the pre-maturity will remain. In this case the question of pre-maturity was raised at the appellate stage but by then the document had been registe..Category: Property Law | Date: | Hits: 65
Haji Tajamal Ali being dead his heirs: Kamarunnesa & ors. Vs. Abdus Sattar & ors, 1982, 11 CLC (AD)
....iguity" within the meaning of section 9 of the State Acquisition and Tenancy Act. 8. In the result, the appeal is dismissed without, however, any order as to cost. Ed. ...... question for determination in that appeal by special leave is whether, in a case for pre-emption under Section 96 of the State Acquisition and Tenancy Act, 1950, the pre-emptor, a contiguous land holder, is entitled to preemption of the whole if the land transferred consisting of seven plo...... 8. In the result, the appeal is dismissed without, however, any order as to cost. Ed. ......t Division in Civil Revision Case No 1583 of 1976. Judgment: Shahabuddin Ahmed J.—The question for determination in that appeal by special leave is whether, in a case for pre-emption un..Category: Property Law | Date: | Hits: 66
Abdul Hamid Vs. Abdul Jabbar , 1982, 11 CLC (AD)
....n for pre-emption of a land sold to the appellant by his co-sharer, and obtained an ex parte order dated 7 March. 1975 allowing the pre-emption, and in pursuance of that order took delivery of possession of the land. But the order of preemption was ultimately set aside by the High Court......tion 96 of the State Acquisition and Tenancy Act, 1950. 2. Facts of the case, so far necessary for disposal of this appeal, are that the respondent filed an application for pre-emption of a land sold to the appellant by his co-sharer, and obtained an ex parte order dated 7 March. 1975 all......t aside and that of the Subordinate Judge is restored. There will be no order as to costs. Ed. ......ision in Civil Revision No. 1034 of 1980). Judgment: Shahabuddin Ahmed J.- In this appeal by special leave the question for determination is whether the provision for restitution as contained in section 144 of ..Category: Civil Law | Date: | Hits: 82
Bangladesh & others Vs. A. K. M. Zahangir Hossain, 1981, 10 CLC (AD)
.... 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. ...... 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. ...... removed, discharged, reduced in rank or compulsorily retired. Ed. This Case is also Reported in: 34 DLR (AD) 173. ......S.R. Pal, and Syed Ishtiaq Ahmed, Senior Advocates—Amicus Curiae. Civil Appeal No. 134 of 1978 And Civil Appeal Nos. 39, 140 and 126 of 1979 Judgment Kemaluddin Hossain CJ.- The question involved in all those appeals relates to members of Police Service from the rank of Sub-Ins..Category: Constitutional Law | Date: | Hits: 188
General Manager Jamuna Oil Company Ltd. Vs. Golap Rahman & another, 1982, 11 CLC (AD)
....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. ...... or extract his advice. For the reasons stated above, the appeal is dismissed with costs. Ed. ......bsence of such member and no act, proceeding, decision or award of a Court shall be invalid merely by reason of absence of any such member from any sitting of a Court and no Court shall call in question any such fact, proceeding, decision or award.” Reference was also made to..Category: Labour and Industrial Law | Date: | Hits: 97
Bangladesh Vs. Winifred Rubi & ors., 1982, 11 CLC (AD)
.... respondent Nos. 1 to 4 as petitioners by filing the Writ Petition. The requisitioned remises belong to these respondents and after series of litigations the respondents Nos. 1 and 4 took physical possession of their allotted shares. Then Mrs. Willes one of the co-sharers had started a Kindergar......fulfilling a social or pubic as opposed to a merely individual need. 5. The Privy Council in Pettit’s case repelled the contention that there cannot be a public purpose in taking land if that land when taken is not in some way or other made available to the public at large. ......gh Court Division are set aside and the writ petition is dismissed. There will be no order as to cost. Ed. ......ified teachers and they were appointed in the usual course. Had it been the case that because of the requisition order the wife of the Additional Deputy Commissioner was taken in then there was no question of taking the present Additional Deputy Commissioners wife in the teaching staff when the ..Category: Property Law | Date: | Hits: 65
Md. Enayet Ali Vs. Munsif of First Court at Khulna & Election Tribunal and others, 1982, 11 CLC (AD)
.... 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. ...... 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. ......lowed. The orders of the Courts below are set aside and the election petition is dismissed. There will be no order as to cost. Ed. ......n to the analysis of the election result. 21. Purpose of law is to elect the people representative through election process. It is the verdict of the people that the law wants to uphold. The question is whether in holding the election there had been any infraction of election rules, which ..Category: Election Law | Date: | Hits: 121
Haripada Biswas Vs. State & another, 1982, 11 CLC (AD)
.... 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. ...... 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. ......de and the proceedings in Criminal Miscellaneous Case No. 687 of 1978 of the Court of Sessions Judge, Bakerganj are hereby quashed. Ed. ......or the same need not be sought in any supervisory jurisdiction beyond the provisions of the Code." With this observation the Rule was discharged. Leave was granted to consider the question relating to the jurisdictional authority of the Sessions Judge in taking cognizance whi..Category: Criminal Law | Date: | Hits: 61
Jamil Huq and 11 others Vs. Bangladesh and others, 1981, 10 CLC (AD)
....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: ...... expressed require no revision, except that it should be construed the way I have tried to explain. It would not be out of place to mention some decisions from the sub-continent, America and England to see how far an order of a military court has been interfered with in those jurisdictions. ......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: ......it Petition Nos. 632 to 637 & 639 to 644 of 1981.) Judgment Kemaluddin Hossain CJ.- In concurring with the decision of my learned brother B. H. Chowdhury, I wish to add a few words on the question of the scope of judicial review of a decision of the Field General Court Martial or other s..Category: Constitutional Law | Date: | Hits: 327
Al-Sayar Navigation Co. Vs. Delta International Traders Ltd. and ors., 1982, 11 CLC (AD)
....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: ...... is in the following terms: "The High Court of Admiralty shall have jurisdiction over any claim by the owner or consignee or assignee of any bill of lading of any goods carried into any part in England or Wales, in any ship, for damage done to the goods or any part thereof by the negligence or mi...... Civil Appeal No. 38 of 1981 is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: ......s the defendants were liable for the delay in the discharge of the cargo owing to prolonged discussion and negotiation. 7. Defendants appealed against the decree. Leave was granted to consider the question whether the suit was maintainable under section 6 of the Admiralty Court Act and whether th..Category: Admiralty Law or Maritime Law | Date: | Hits: 264
Md. Deser Ali Vs. Bangladesh and ors., 1982, 11 CLC (AD)
....he impugned order is in the following terms: "In pursuance of Govt Instruction conveyed vide A.D.C. (Rev), Khulna's Memo 2248 dated 17-4-691 am to take formal possession of all buildings, structures and shops, etc, within the area of the hat and bazar......r could not be treated as part of the same and taken over by the Government. Since his purchase from one Haridas Datta in 1951 the appellant had been possessing and enjoying the land with structures thereon. He renovated, extended and modernised the existing shop and constr...... made without any lawful authority and as of no legal effect. Ed. ......nd road. He made representations to the authority against inclusion of his lands as hat and bazar which were of no avail. 4. On behalf of Government it was stated that the properties in question were situated within the periphery of the hat and bazar locally called Sultan par bazar. ..Category: Property Law | Date: | Hits: 61
Commissioner of Taxes, Ctg Zone, Ctg Vs. M/s Free School Street Properties, Ltd, 1982, 11 CLC (AD)
.... the activities of the assessee was business or trading. Therefore, rule 8 (9) is applicable. In the result, therefore, this appeal is dismissed without any order as to cost. Ed. ......der Wealth Tax rule 8(9)," Rule 8 provides for the valuation of assets other than cash. Rule 8(3) deals with Land and buildings. "Land and buildings.—The value of lands and buildings shall be estimated with the due regard to the nature and size of the property,......licable. In the result, therefore, this appeal is dismissed without any order as to cost. Ed. ......This is an appeal by special leave by the Revenue against the judgment and order of the High Court Division in Application No. 155 of 1972 under section 27 of the Wealth Tax Act. 2. The question is whether the house property of the assessee should be valued under rule 8(9) or rul..Category: Fiscal/Taxation Law | Date: | Hits: 78
Ranabir Purkayastha @ Bhanu Vs. Alekjan Bibi and ors., 1982, 11 CLC (AD)
....ll founded in law in drawing up the proceedings under section 145 of the Code of Criminal Procedure, when a civil suit is pending between the parties, which could give relief to the persons in possession of the land by an order of injunction. Facts are that a civil suit was file......in drawing up the proceedings under section 145 of the Code of Criminal Procedure, when a civil suit is pending between the parties, which could give relief to the persons in possession of the land by an order of injunction. Facts are that a civil suit was filed, being Title Sui......al Court. The appeal is disposed of in the aforesaid terms. Ed. This Case is also Reported in: 1982 BLD (AD) 25. ......e suit is for specific performance of contract and so unless a decree on the contract is given and is completed by execution of the Kabala, no title accrues in favour of the purchaser and hence the question of possession becomes secondary. In a suit of this nature possession is not linked up with..Category: Criminal Law | Date: | Hits: 39
Commissioner of Income Tax, Dacca Vs. Adamjee Sons Ltd., 1982, 11 CLC (AD)
....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. ......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. ...... In the result, therefore, this appeal is dismissed without any order as to cost. Ed. ......separately under rule 8(2) read with section 7(1). 5. The assessee maintained accounts regularly, and Wealth Tax Officer did not suspect any fraud on the part of the assessee, now, the only question is whether the shares in question could be revalued at the market rate or at cost. Section..Category: Fiscal/Taxation Law | Date: | Hits: 73
Commissioner of Income Tax Vs. Mrs. Masuda Khatun, 1982, 11 CLC (AD)
.... and Orissa Vs Maharajadhiraj of Darbhanga, A.I.R. 1935 (P.C.) 172. The assessee carried on business as a money lender. As security for a debt due to him in respect of his business he was put into possession of agricultural land as a mortgagee. It was held that the rents received by the assessee......) 172; Nawab Habibullah V. Com. of I. T, Bengal AIR 1943 (PC) 20; Md. Isa V. Com. I. T. C & U, Prov. AIR 1942 (All) 194; I. T. Com Vs. EVH. Miller PLD 1956 (Lah) 45; Hamilton Vs Commissioner, Inland Revenue '6 Tax Cases 221; Cape Brandy Syndicate vs. I.R. (1921) 1KB 54; H. L. Canadian Eagle O......he affirmative. The appeals are, therefore, dismissed without any order as to costs. Ed. ......s out of a judgment passed by the High Court holding that the dividend in the hand of an assessee is exempt from tax under section 15-BB of the Income Tax Act on giving an affirmative answer to the question of law which was framed as under: “Whether on the facts and in the cir..Category: Fiscal/Taxation Law | Date: | Hits: 75
Ramesh Chandra Dutta Vs. Nimai Kumar Dutta and ors, 1982, 11 CLC (AD)
....ers had any independent income to acquire, the presumption of jointness is not reversed. That being the position we do not find any merit in this review petition, which is dismissed. Ed. ......ers had any independent income to acquire, the presumption of jointness is not reversed. That being the position we do not find any merit in this review petition, which is dismissed. Ed. ......at being the position we do not find any merit in this review petition, which is dismissed. Ed. ......But where it is established that the family possessed some joint property which from, its nature and relative value may have formed the nucleus, from which the property in question may have been acquired, the burden shifts to the party alleging self-acquisition to establ..Category: Property Law | Date: | Hits: 65
Nurjahan Begum, wife of Mahmudur Rahman Vs. Mahmudur Rahman Mullick , 1982, 11 CLC (AD)
....he defendant (appellant) has no fight, title, interest and possession In foe said properties on the basis of the deeds taken in her name. The plaintiff made an alternative prayer for khas possession if he be found to be out of possession of the properties in soil 3. Plaintiff's ......ted that she asked her father how Nurjahan got the Park Street property. At this he said that he purchased that property for Nurjahan D.W. Wazidur Rahman, brother of the defendant, stated that the land at 207A, Park Street Road was purchased by the defendant Nurjahan from Nasiruddin. The purchas......h costs. Ed. ...... of the residence portion of 12, Farashganj Road, Dacca jointly with the defendant. 6. Against this decision the defendant preferred an appeal before the High Court at Dacca, raising several questions of law and fact. The learned Judges of the Division Bench, however, affirmed the decision..Category: Property Law | Date: | Hits: 448
Habibur Rahman Vs. The State, 1982, 11 CLC (AD)
....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. ......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. ...... dated 1-8-1975, allowing the withdrawal is restored. Consequently the petitioner stands acquitted under section 494 Cr.P.C. Ed. ......appellant on August 5, 1975 on the prayer of the Public Prosecutor, and sending the case record to the Chief Martial Law Administrator, Dacca for necessary action. Leave was granted to examine the question as to whether the Sessions Judge and Special Tribunal was competent to pass the order vaca..Category: Criminal Law | Date: | Hits: 46
Bengal Water Ways Ltd. and other Vs. Rahimuddin Ahmed and others, 1982, 11 CLC (AD)
....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. ......rded as just and proper grounds for dissolving a private limited company. 16. In the case of In re: Yenidje Tobacco Company Limited, 1916 (2) CA, 426, this principle was enunciated in England 10 the case of winding up of a private limited company and the winding up order of the co......r with the judgment delivered by my learned brother Masud, J. and dismiss the appeal with costs. Ed. ......ht be allowed to enforce the securities as provided in law and realise its dues against the loan given to the appellant company. Leave was granted to the appellants to examine the question as to whether on the principles of dissolution of a partnership firm a private limited com..Category: Business or Commercial Law | Date: | Hits: 110
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