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Khandaker Ehtehshamuddin Ahmed @ Iqbal Vs. Bangladesh and others, 1980, 9 CLC (AD)
....nternational Law attributed to Hans Keisen's theory. They have commented that the doctrine enunciated by Hans Keisen was not only miss-applied in Dosso's case but also the decision proceeded on the erroneous assumption that his doctrine was the generally accepted doctrine of the Modern Jurispruden......2. The High Court Division following a decision of the Supreme Court Bangladesh Appellate Division in the case of Halima Khatun vs. Bangladesh, 30 DLR (SC) 207 summarily rejected the writ petition in view of complete ouster of the jurisdiction of the Court by clause (6) (7) of M L.R. 4 of Marital La..Category: Constitutional Law | Date: | Hits: 292
Bangladesh and others Vs. Md. Abdur Rab, 1979, 8 CLC (AD)
.... the appeal is allowed without any order as to costs. The order of the High Court Division is set aside and the writ re-called. Ed. This Case is also Reported in: 33 DLR (AD) (19781) 143. ......n, he being a member of the Disciplined Force. (2) Whether the finding of the High Court Division, that there was no evidence supporting the conclusion of the Enquiry Committee, is sustainable in view of the materials on record. (3) Whether the learned Judges-were well founded in law in obse..Category: Employment/Service Law | Date: | Hits: 102
S.Z.M. Nurul Huq Vs. State, 1981, 10 CLC (AD)
....that an order passed by the reviewing authority is not revisable under section 439 of the Code of Criminal Procedure. In the result both the appeals fail and the same are dismissed. Ed. ......igh Court Division in two separate cases, namely, Criminal Revision Nos. 94 of 1979 and 61 of 1979. Short question for our consideration in these appeals is whether the Sessions Judge reviewing the proceeding of Summary Martial Law Court is a persona designata. 2. The appe..Category: Criminal Law | Date: | Hits: 62
Nani Gopal Saha Vs. Jatindra Lal Chowdhury and others, 1981, 10 CLC (AD)
....d of no legal effect. This decision is under challenge in this appeal on the ground that the learned Judges committed a substantial error of law in setting aside the judgment of the Tribunal on an erroneous view that the Tribunal has no power to remand. 3. Before the Tribunal it was cont...... the question raised by the appellant-whether under the provisions of the President's Order No. 13 of 1972 the Tribunal has any power to remand; and whether the High Court Division took the correct view that the Tribunal could not direct for re-hearing of the case, and as provided under the Stat..Category: Constitutional Law | Date: | Hits: 153
Binode Behari Saha Vs. Nitya Gopal Shaha, 1980, 9 CLC (AD)
....ection (1) of section 17 of the Provincial Small Cause Courts Act. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 33 DLR (AD) 131. ......a Court of Small Causes Act in all suits cognisable by it and in all proceedings arising out of such suits: Provided that an applicant for an order to set aside a decree passed exparte or for a review of judgment shall, at the time of presenting his application, either deposit in the Court the a..Category: Procedural Law | Date: | Hits: 147
Nurunnessa and ors Vs. Babr Ali Bepari and others, 1981, 10 CLC (AD)
....edule lands of the plaint. The parties will have opportunity to prove the power of attorney in the manner indicated above and in accordance with law, we, however, make no order as to costs. Ed. ......uthenticated by a Notary Public or any Court or Judge, Magistrate could be accepted, but it was done before a person not mentioned in sec. 85 of the Evidence Act and so it could not be accepted. This view by its contrary formulation has asserted the affirmative provision of sec. 85 of the Evidence..Category: Others | Date: | Hits: 128
Abdus Samad & ors Vs. Md. Sohrab Ali and others, 1981, 10 CLC (AD)
....ge cannot be sustained, therefore, the appeal is allowed with costs and the Judgment of the High Court set aside. Judgment and order of the lower Appellate Court are restored. Ed. ......ould not be dismissed on the ground of non-joinder of necessary parties. It is not necessary that all the co-sharers of the holding should be impleaded in the pre-emption proceeding. In taking this view the learned Judge referred to the decision in Motilal Sikder vs. Benodini Dasi. The learned J..Category: Property Law | Date: | Hits: 73
Shamuj Ali and other Vs. Kamalarma Bibi and others, 1980, 9 CLC (AD)
....restitution be issued, commanding the Judgment creditor to restore the property or pay over the proceeds of sale". 14. The English law as quoted above provides that the court while reversing an erroneous decree may itself give direction for restitution but if it does not do so, a separate or......l, from the date of the final decree". On that principle the application for restitution was found to have been filed within the period of limitation. The learned Subordinate Judge, however, took the view that the application for restitution is not an application in execution but it is an Independen..Category: Procedural Law | Date: | Hits: 111
Ful Chand Das and others Vs. Mohammad Hammad and others, 1982, 11 CLC (AD)
....learned Judges, there was no delay in presentation of the kabala on 2-9-64, although it was long after the alleged execution of kabala on 7-2-64. Obviously, the finding is based on the erroneous view that it was presented for registration on 2-9-64 after defendant No. 2 had obtained ......bsp; Fazle Munim J.—I have gone through the judgment of Shahabuddin, J. and also those of Ruhul Islam, J. and Badrul Haider Chowdhury, J. who have concluded differently In view of the concurrent findings of fact by the trial court and the High Court Division and consider..Category: Property Law | Date: | Hits: 75
Abdul Alim and others Vs. A. K. Abdul Hoque and others, 1982, 11 CLC (AD)
....Act. In this view, the appeal is allowed but in the facts of case we make no order as to costs. The decrees of courts below are set aside and the execution petition dismissed. Ed. ......7, AIR 1935 P.C. 85, AIR 1945 Madras 86, AIR 1948 Bombay 185. The general trend of the Indian High Courts in these decisions as cited shows that the relief concerned must be of similar nature. The view appears to be that the words "same relief" could not be construed so as to look not ..Category: Property Law | Date: | Hits: 54
Sultan Ahmed, Advocate and others Vs. Haji Sultan Ahmed and others, 1982, 11 CLC (AD)
....ivision under section 438 of the Code; but the learned Additional Sessions Judge, who heard the matter, refused to refer .it to the High Court Division taking the view—which is obviously erroneous— that "as the second party do not claim possession of the land the order will ...... reference to the High Court Division under section 438 of the Code; but the learned Additional Sessions Judge, who heard the matter, refused to refer .it to the High Court Division taking the view—which is obviously erroneous— that "as the second party do not claim possessi..Category: Criminal Law | Date: | Hits: 51
Govt. of Bangladesh Vs. Md. Arshad Ali, 1982, 11 CLC (AD)
....f its appreciation and it cannot be claimed as a matter of right and as such there being no cause of action for seeking remedy by filing the writ petition, the learned Judge by an erroneous decision made the impugned declaration in favour of the respondent. 6. It appears ......shy;dent was granted advance reward of Tk. 9000/- and subsequently he was given another sum of Tk. 32.000/- as a very special case. On going through the Rules we do not find anything to support the view taken by the learned Judges that the Rules confer a legal right upon a person who becomes enti..Category: Criminal Law | Date: | Hits: 171
M/s. Everett Orient Lines Inc. Vs. Commissioner of Income Tax Ctg Zone, Ctg, 1982, 11 CLC (AD)
....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. ......visions could not be made in the Income Tax Rules by virtue of rule 9(2) thereof, and as such rule 9(2) could not provide any such additional allowance of depreciation." In this view of the matter the High Court Division declared that rule 9(2) is ultra vires of section 10(2)(..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)
....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. ......f washing soap, the assessee should be treated as entitled to the benefit of the exemption provided under section 4(b). In support of his submissions Mr. Hassan also referred to section 27 (1). In view of clear language of section 4 (b) and section 27 (1) of the Sales-tax Act the argument c..Category: Fiscal/Taxation Law | Date: | Hits: 95
Mofizur Rahman Khan Vs. Government of Bangladesh, 1982, 11 CLC (AD)
.... 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. ......tan, 15 DLR (SC), 139. I will, however, refrain from making any lengthy discussion on the cited decisions. Constitution should be interpreted as an organic instrument keeping its dynamic character in view. More specifically regard may be had to the political, social and economic conditions and their..Category: Constitutional Law | Date: | Hits: 188
Abdul Halim Mollah @ Monohar Mollah & anr Vs. Member, App Tribunal Dacca & ors., 1982, 11 CLC (AD)
....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. ...... and its competency to pass an order of conviction and sentence on setting aside an order of acquittal. The learned Judges of the High Court Division dismissed the Writ Petition on taking the view that the express provision of section 30 of the Special Powers Act, 1974 also includes an appe..Category: Criminal Law | Date: | Hits: 40
Bangladesh Vs. Md. Misfor Ali and others, 1982, 11 CLC (AD)
....nts. President's Order No. 9 of 1972 has no application and as such the impugned order of removal cannot be, sustains. In this respect also, it appears that the learned Judges proceeded on an erroneous view about the law. The preamble of a statute may be referred to as an aid to the interpr......sp; Secretary. 2. Against the order of removal the respondents filed a review petition before the Review Board. The police after investigation submitted charge-s..Category: Employment/Service Law | Date: | Hits: 92
....Tribunal and no reference lay under section 66 (1) of the Income-tax Act, but the learned Judges without examining whether the question raised by the assessee for decision is a question of law, on an erroneous view of the provision of law, answered the question in the negative.
5. In support of t......ct; that the assessee did not also keep any stock tally account for goods. The Appellate Joint Commissioner of Taxes, therefore, concluded that total rejection of trading account was justified in view of the fact that purchases were vouched and verifiable and also that since sales were not ver..
Category: Fiscal/Taxation Law | Date: | Hits: 100
Bangladesh Vs. Md. Matiur Rahman, 1982, 11 CLC (AD)
....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. ......ahabuddin Ahmed, J. Badrul Haider Chowdhury J.—I have gone through the judgment passed by Shahabuddin Ahmed, J. I agree that T could not subscribe to the views expressed therein. 2. Facts are given by my brother and it is not necessary to detail ..Category: Employment/Service Law | Date: | Hits: 87
Commissioner of Income Tax Vs. Chowdhury Ramzan Ali and another, 1982, 11 CLC (AD)
....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. ...... attracted, whether the High Court was wrong in failing to hold that the Company Judge has no jurisdiction to adjudicate the validity or otherwise or an assessment made under the Income Tax Act in view of the fact that the Income Tax Act itself provides special forum for challenging the assessme..Category: Fiscal/Taxation Law | Date: | Hits: 85
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