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Mst. Esarunnessa Bibi Vs. Md. Amir Hossain, 1985, 14 CLC (AD)
....or 9 months from Sravan to Chaitra 1370 B.S. which @ Tk. 35/- amounts to Tk. 314.00. Whereas the defendant paid in all Tk. 311.75 +Tk. 66.00 as against the taxes + Tk. 42.25 as deposited rent and the total comes to Tk. 420.00. It is submitted that the figures show that there was no rent due from the...... been disturbed by the Appellate Court. 8. The second point of Mr B. N. Chowdhury has no substance inasmuch as finding of the Appellate Court below could not be assailed on the ground of any absence of evidence For such finding the Appellate Court below is the last court of fact and the pas....... Judgment and order of the High Court Division are set aside and those of the Appellate Court below are restored. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 1. ..Category: Property Law | Date: | Hits: 59
Commissioner of Income tax and another Vs. Zeenat Textile Mills Ltd., 1975, 4 CLC (AD)
....e only two charging sections in the Act were section 3 which authorised levy of income-tax and section 55 which authorised levy of super tax, and that each of these two sections was relatable to the 'total income" of the assessee in the 'previous sear or years'. It further noticed that the additiona......s rightly declared by the High Court of East Pakistan to have been made without lawful authority and being of no legal effect. The appeals are dismissed, but with out any order as to costs. Ed. ......s rightly declared by the High Court of East Pakistan to have been made without lawful authority and being of no legal effect. The appeals are dismissed, but with out any order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 77
Jabed Ali Sarker Vs. Dr. Sultan Ahmed and another, 1975, 4 CLC (AD)
....question of fact and since this has been decided by the Courts below, we find no substance in the contention of the learned Counsel. This appeal is accordingly dismissed with cost. ......question of fact and since this has been decided by the Courts below, we find no substance in the contention of the learned Counsel. This appeal is accordingly dismissed with cost. ......he Code. So the decision of the learned Judges of the High Court Division on appeal should be treated as one on a second appeal. 10. Mr. Rafiqul Huq referring to some cases on a question of jurisdiction of the High Court in entertaining a second appeal submitted that the High Court Divis..Category: Business or Commercial Law | Date: | Hits: 113
Governor, Bangladesh Bank & others Vs. Shamsul Huda Khan and another, 1975, 4 CLC (AD)
....ade-I would be given from a combined seniority test of clerks Grade-I of all offices with minimum length of service as prepared by the Bank, to the prepared and maintained at the Head Office and that total length of service of the employees in the cadres of both clerks Grade-II and clerks Grade-I wo......lation of their existing terms and conditions of service touching on the question of seniority as clerks, which were guaranteed to them under Article 7 of the President's Order No. 127 of 1972 in the absence of any authority given to the Bank to change such terms and conditions to the detriment of......9th April, 1973 before the High Court Division which held that the said stuff Circular which purported to have taken away their seniority, which they had under the Stuff Circular of 1960, was without jurisdiction and of no legal effect, and pass an order canceling the said circular and the seniority..Category: Employment/Service Law | Date: | Hits: 87
Osman Gani Mondal Vs. Mainuddin Ahmed and others, 1974, 3 CLC (AD)
....d by the learned Additional Attorney-General thus succeeds. This petition which was lodged on the 14th day of May, 1973 is dismissed. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 61. ......d by the learned Additional Attorney-General thus succeeds. This petition which was lodged on the 14th day of May, 1973 is dismissed. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 61. ......ll be a Supreme Court for Bangladesh (to be known as the Supreme Court of Bangladesh) comprising the Appellate Division and the High Court Division. 103. (1) The Appellate Division shall have jurisdiction to hear and determine appeals from judgments, decrees, orders or sentences of the High..Category: Constitutional Law | Date: | Hits: 148
Saokat Ali and others Vs. Shamsun Bibi and others, 1975, 4 CLC (AD)
....nally. We find no substance in the only contention raised in support of this petition, which is dismissed. Ed. This Case is also Reported in: 17 DLR (AD) (1975) 59. ......East Pakistan in Ratish Chandra Vs. Kara Krishna Goldar (15 D.L.R. 634) in support of the proposition that if the agreement for reconveyance was a completed contract, then in the absence of anything contained in the agreement indicating a personal element, its benefit could be......nally. We find no substance in the only contention raised in support of this petition, which is dismissed. Ed. This Case is also Reported in: 17 DLR (AD) (1975) 59. ..Category: Property Law | Date: | Hits: 47
Bangladesh Enemy Property Management Board and ors. Vs. Md. Abdul Majid, 1975, 4 CLC (AD)
....view of what have been stated above, the appeal is allowed and the judgment and order passed by the learned Judges of the High Court Division are set aside. There will be no order as to costs. Ed. ......have, therefore, no hesitation in coming to the finding that the Government of Bangladesh was a necessary party in the application and the judgment and order passed by the High Court Division, in the absence of such a party, have become in fructuous and are of no legal consequence. 5. It was ne......view of what have been stated above, the appeal is allowed and the judgment and order passed by the learned Judges of the High Court Division are set aside. There will be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 125
Government of Bangladesh Vs. Ahmed Nazir, 1975, 4 CLC (AD)
....e the Proclamation of Emergency issued on the 28th December, 1974 and the Constitution (Fourth Amendment) Act, 1975 dated the 25th January, 1975 effected changes in the said Constitution. Ed. ......etained illegally or improperly, the High Court Division is competent to pass such orders as may be necessary to grant relief and the power to do so is not in any was fettered because of the absence of nomenclature of the writs in the Constitution. Since the contentions on behalf of the ap...... grounds of detention. 2. Leave prayed for was granted to consider the question whether in an application filed under Article 102 (2)(b) of the Constitution the High Court Division has jurisdiction to grant bail to A person against whom an order of detention was passed, during, the p..Category: Criminal Law | Date: | Hits: 85
Adam Ali Sardar and others Vs. The State and another, 1975, 4 CLC (AD)
.... A. B. Mahmud Husain, J.—I agree. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 37. ......order made under sub-section (1) of section 145 of the Code, or he is Unable to satisfy himself as to which of them was in such possession on that date. It, therefore, follows that in the absence of any such negative finding on the question of actual possession of the subject of d......aw and he may also restore the party, which has been forcibly and wrongfully dispossessed, to the possession of the property. 7. It will appear from what have been stated above that the jurisdiction to attach the subject of dispute under sub-section (1) of section 146 of the Code aris..Category: Criminal Law | Date: | Hits: 49
Jamdhar Khan Vs. The State, 1975, 4 CLC (AD)
....of a sum of Rs. 915/- by the petitioner. There is no merit in this petition and the Leave prayed for is refused. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 35. ......ion 409 of the Penal Code. That being so the contention raised by Mr. Abdul Hamid is not at all tenable. 4. It was next contended by Mr. Abdul Hamid that the trial of the petitioner; in the absence of sanction for prosecution, was bad in law. This contention was raised before the learned ......Appeal against the judgment of the High Court. 2. Mr. Abdul Hamid appearing on behalf of the petitioner contended that the conviction and sentence passed against the petitioner were without jurisdiction, as the case was investigated by an Assistant Inspector of D.A.B. whereas sub-section ..Category: Criminal Law | Date: | Hits: 44
Lutfun Nahar Begum Vs. The State, 1975, 4 CLC (AD)
....al is allowed and the order of commitment of the appellant is set aside. The appellant is discharged from the bail bond. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 29. ......al is allowed and the order of commitment of the appellant is set aside. The appellant is discharged from the bail bond. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 29. ......hment would be appropriate and in the circumstances the learned Magistrate clearly committed a gross error in recording a positive finding on a mixed question of fact and law, which was outside his jurisdiction. There is no dispute with regard to the principles laid down in the aforesaid cases. B..Category: Criminal Law | Date: | Hits: 60
Solicitor, Government of Bangladesh Vs. Syed Sanwar Ali and others, 1974, 33 CLC (AD)
....y of the circumstances indicated in the preceding paragraph can be shown to have rendered the proceeding relating to him coram non judice. Ed. This Case is also Reported in: 27 DLR (AD) 16. ......y of the circumstances indicated in the preceding paragraph can be shown to have rendered the proceeding relating to him coram non judice. Ed. This Case is also Reported in: 27 DLR (AD) 16. ......, prior to conviction, forms the subject of Chapter XXXIX and is partly covered by section 435, whereas the question of bail to convicted person in exercise of appellate jurisdiction and revisional jurisdiction is exhaustively dealt with in sections 426 and 435 of the Code respectively. It was fur..Category: Criminal Law | Date: | Hits: 104
Mazharul Huq Vs. Returning Officer & Circle Officer, (Dev.) Double Moorings, Ctg, 1975, 4 CLC (AD)
....Writ Jurisdiction under Article 102(2) of the Constitution. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 11. ......Writ Jurisdiction under Article 102(2) of the Constitution. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 11. ......Writ Jurisdiction under Article 102(2) of the Constitution. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 11. ..Category: Election Law | Date: | Hits: 133
Abdur Rashid Vs. The State, 1975, 4 CLC (AD)
....de. The prisoner is found not guilty of the charge under section 302 of the Penal Code against him. He is acquitted of the said charge and is directed to be set at liberty forthwith. Ed. ......e learned Advocate who was appointed to defend the accused prisoner at Government expense did not make any prayer for time with a view to enabling him to make the necessary preparation. So, in the absence of any grievance as regards the time needed for preparation of the case there was no reason......de. The prisoner is found not guilty of the charge under section 302 of the Penal Code against him. He is acquitted of the said charge and is directed to be set at liberty forthwith. Ed. ..Category: Criminal Law | Date: | Hits: 66
Shamsuddin Ahmed @ Tofa Mia & others Vs. Abdul Latif Bhuiyan, 1981, 10 CLC (AD)
.... the facts of this case. In the result, the appeal is allowed with costs. The judgment of the High Court Division is set aside and those of the Courts below are restored. Ed. ......, that is, on 12-10-57. The learned Single Judge set aside the judgments without adverting to these concurrent findings of the Courts below and without taking into consideration the effect of absence of delivery of possession of the land in suit to the vendee. According to him the sale conc...... the facts of this case. In the result, the appeal is allowed with costs. The judgment of the High Court Division is set aside and those of the Courts below are restored. Ed. ..Category: Property Law | Date: | Hits: 45
Dr. Jamshed Bakht Vs. Ameaur Rashid Chowdhury, 1981, 10 CLC (AD)
....r Badrul Haider Chowdhury, J. Order of the Court In view of the decisions of the majority, the appeal is allowed. The judgment of the High Court Division is set aside. Ed. ......Dr. Jamshed Bakht residing in Lackotoorah Tea Estate, it is learnt. He stated that he was a Chowkidar and Mali in Dr. Bakht house at Jatarpur. During the 1st part of last Aswin Dr. Bakht in his absence took away his wife to his Lackotoorah bungalow. When the complainant went to bring her bac......endant did was privileged Lord Esher, M.R. observed: "The rule of law is (hat, where there are judicial proceedings before a properly constituted judicial tribunal exercising its jurisdiction in open court, then the publication without malice of a fair and accurate report of w..Category: Criminal Law | Date: | Hits: 77
Md. Abdur Rouf and others Vs. Ahmuda Khatun and others, 1981, 10 CLC (AD)
..... For the reasons stated above, the appeal is allowed with costs and the judgment and order of the High Court Division are set aside and those of the Trial Court are restored. Ed. ......895) 1 QB 724 at 729 and 47 CWN 323. 19. On the other hand, Mr. T.H. Khan Counsel for the appellants, submitted that the word 'shall’ is mandatory and not directory in the absence of notice, as provided in section 117(1)(c), upon the co-sharer tenants, the order of sub-d......pear from the following observations made by them: "We do not see how in such a proceeding we can adjudicate or for that matter the learned Subordinate Judge was within his jurisdiction to adjudicate merits of the mutation case. Whether notice was served or not is a ques..Category: Property Law | Date: | Hits: 47
Bangladesh Freedom Fighters Welfare Trust Vs. Burhanuddin Chowdhury, 1981, 10 CLC (AD)
....pellant, a statutory body, is amenable to be impugned in the writ Jurisdiction of the High Court Division. The appeal, therefore, is dismissed without any orders as to costs. Ed. ......pellant, a statutory body, is amenable to be impugned in the writ Jurisdiction of the High Court Division. The appeal, therefore, is dismissed without any orders as to costs. Ed. ......vate limited company and no service rules under any statute have been framed and as such the relationship between the appellant and the respondent is that of master and servant and accordingly writ jurisdiction could not be invoked to impugn the order of termination. 6. It is admitted that..Category: Employment/Service Law | Date: | Hits: 112
A.S.A. Nur Vs. Registrar of Joint Stock Companies, Dacca, 1981, 10 CLC (AD)
....ge and the Division Bench are set aside. The case is remitted back to the Company Judge for disposal of the matter in accordance with law. There will be no order as to costs. Ed. ......he agent of the parent company but is an entirely separate entity Its acts are not the acts of the parent company, and this parent company is not responsible for its acts or defaults, in the absence of special provisions in some contract between the parties.” 13. The lear......rease the fares but the Ebbw Vale UDC objected on the ground that as the services provided by the Company were, in fact, provided by the British Transport Commission, the licensing authority had no jurisdiction to hear the application. The Court of Appeal held that the omnibus company had retaine..Category: Business or Commercial Law | Date: | Hits: 107
Baitul Aman Cooperative Housing Society Ltd. & anr Vs. Md. Shamsur Rahman & ors., 1981, 10 CLC (AD)
....ler the appeal is allowed. The application filed by the appellants under Order VII rule 11 of the Code of Civil Procedure is allowed We make no Order as to costs. Ed. ......ler the appeal is allowed. The application filed by the appellants under Order VII rule 11 of the Code of Civil Procedure is allowed We make no Order as to costs. Ed. ......the society, etc. the dispute shall be referred to the Registrar for settlement of disputes in the manner as provided in section 87 of the Act. Section 133 of the Act completely ousts the jurisdiction of the civil court. It also provides that save as provided in this Act no Civil o..Category: Property Law | Date: | Hits: 60
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