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Government of the People’s Republic of Bangladesh Vs. Abdur Rahman and others, 2006, 35 CLC (AD)
....itration Appellate Tribunal. In view of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with cost to be paid by the appellant No. 1. Ed.......acing reliance on the provision of section 31 of the Acquisition and Requisition of the Immovable Property Ordinance, 1982 (Ordinance No. II of 1982), hereinafter referred to as the Ordinance, on the view that the amount awarded by the Arbitrator was more than 10% of the amount awarded by the Deputy..Category: Property Law | Date: | Hits: 58
Government of Bangladesh and others Vs. Md. Shahjahan Gazi, 2006, 35 CLC (AD)
....cided the case and there is no legal infirmity or illegality in the impugned judgment of the High Court Division to warrant our interference. Accordingly, this petition is dismissed. Ed. ...... of Bangladesh, reported in 40 DLR (AD) at page-170; the High Court Division made the Rule quite legally absolute obtained in the writ-petition. 10. In the aforesaid premises, we are of the view that the learned Judges of the High Court Division has rightly decided the case and there is n..Category: Criminal Law | Date: | Hits: 42
Government of Bangladesh and others Vs. A.K.M. Fazlul Haque, 2006, 35 CLC (AD)
....stance in the appeal in order to interfere with the impugned judgment and order of High Court Division. 24. The appeal is, accordingly, dismissed without any order as to cost. Ed. ......er the Government invoking the provision of Rule 11 (3) of the Government Servant's (Discipline and Appeal) Rules 1985 placed the respondent under suspension and commenced a fresh proceeding with a view to holding an inquiry on the charges as per Government order as contained in Memo dated 11.11..Category: Administrative Law | Date: | Hits: 124
Md. Anarul Islam and others Vs. State and another, 2006, 35 CLC (AD)
....he company may proceed against the accused-appellants for the allegations in the petition of complaint in the appropriate forum and in accordance with law. Ed. This Case is also Reported in: ....... However, from our meticulous reading of the petition of complaint, we find prima facie case having been established under section 406/420 of the Penal Code. So, the accused should face trial and in view of the facts and circumstances we are not inclined to quash the proceedings." 5. Thereaf..Category: Criminal Law | Date: | Hits: 50
A. R. A. Jute Mills Limited Vs. Janata Bank and others, 2006, 35 CLC (AD)
....t the High Court Division correctly decided the matter and as such it does not call for our interference. 24. In view of the discussion made above, the petition is dismissed. Ed. ......reso, it has been expressed to have been taken in the name of the President and as such the argument advanced on behalf of the petitioner on this score also has no force. 19. In such view of the matter we find that the legislation providing sub-sections (2) and (3) of Section 4 of ..Category: Banking Law | Date: | Hits: 121
....ayment of VAT which the petitioner avoided to pay is an appealable order in our view, the High Court Division rightly refused to issue the Rule.
6. Accordingly, the petition is dismissed.
Ed.
......ortion of the same order may also be examined by the High Court Division. Since the other portion of the order that is payment of VAT which the petitioner avoided to pay is an appealable order in our view, the High Court Division rightly refused to issue the Rule.
6. Accordingly, the petition i..
Category: Fiscal/Taxation Law | Date: | Hits: 85
Md. Habibur Rahman Vs. M/S. Uttara Bank Ltd., 2005, 34 CLC (AD)
....our discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) 59. ......ocedure. 6. The plaintiff thereupon moved this Division and obtained leave to appeal. 7. Leave was granted to consider the contentions that the High Court Division was wrong in taking the view that the plaintiff-petitioner's suit was incompetent before the learned Subordinate Judge, Dhak..Category: Civil Law | Date: | Hits: 130
Md. Shafique Ahmed Vs. Bangladesh, 2006, 35 CLC (AD)
....-IV) of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988. 4. In the aforesaid premises, this petition merits no consideration and accordingly, it is dismissed. Ed. ......m vs. Bangladesh 50 DLR (AD) 82. Lawyers Involved: Mr. Md. Aftab Hossain, Advocate-on-Record-- For the Petitioner Not represented-For the Respondent Civil Review Petition No. 32 of 2000. (From the judgement and or..Category: Others | Date: | Hits: 106
Al-haj Mohammad Seraj-ud-Dowla and others Vs. The Secretary, Ministry of works, 2006, 35 CLC (AD)
....ommitted any error or illegality and no case for interference by this Division has been made out, we find no merit in the petition for leave to appeal. Accordingly, it is dismissed. Ed. ......vision committed an error of law in not considering that the plaint was not liable to be rejected under the provision of Order 7 Rule 11 of the Code of Civil Procedure. He further submitted that in view of the facts and circumstances of the case, the judgment of the High Court Division is liable..Category: Property Law | Date: | Hits: 54
Messres MS Jafar Vs. Subordinate Judge, 3rd Court, Dacca & others, 1980, 9 CLC (AD)
....point of view we do not find any substance in this point. This appeal and the petition for special leave are dismissed but we make no order as to costs. Ed. This Case is also Reported in: ......that under Article 149 of the Constitution that this Presidential Order continued as existing law and so the application made by the Government on 13th February, 1973 was quite competent. In this view of the matter the contention of Mr. Ishtiaq Ahmed that sub-paragraph (7) of paragraph 6 of the ..Category: Others | Date: | Hits: 106
Com. of In. Tax, Dacca Zone, Dacca Vs. M/S. Badridas Full-chand, Saidpur, Rangpur, 1981, 10 CLC (AD)
....eal is allowed. The judgment of the High Court Division is hereby set aside and the answer of the question under section 66 (1) must be in the negative. There will be no order as to costs. Ed. ......recting the Income-Tax Officer to allow renewal of registration for the assessment years, 1963-64, 1964-65 and 1965-66." 2. A Division Bench of the High Court Division was of the view that the Income-Tax Tribunal was justified in law in directing the Income-Tax Officer to allow..Category: Fiscal/Taxation Law | Date: | Hits: 76
Amar Chandra Saha Vs. Ajit Kumar Das, 1981, 10 CLC (AD)
.... mere fact of payment of rent by the Tenant. We, therefore, find no reason to interfere with the decision of the High Court. The appeal is dismissed with no order as to costs. Ed. ......ned Judge that the tenant-defendant attorned to the appellant as his landlord, but the learned Judge found that the evidence in support of attornment was the payment of rent, and he was of the view that it was not conclusive, though it was not so stated in the Judgment. The tenant-defen..Category: Property Law | Date: | Hits: 44
Udaypur Halima Darul Ulum Madrasha and others Vs. Bangladesh, 1981, 10 CLC (AD)
....et for the year 1380 B.S. on the basis of licence granted for the previous year. It was contended by the appellant that the application for lease for the year 1380 B.S. was rejected on an erroneous view of the relevant provisions of the statute. The learned Judge of the High Court Divi&...... year 1380 B.S. on the basis of licence granted for the previous year. It was contended by the appellant that the application for lease for the year 1380 B.S. was rejected on an erroneous view of the relevant provisions of the statute. The learned Judge of the High Court Division ..Category: Property Law | Date: | Hits: 93
Jamal Soap Factory, Narayanganj Vs. Commissioner of Income Tax, Dacca Zone, Dacca, 1980, 9 CLC (AD)
....ates to the income for the period 1365 B.S. suffers from want of jurisdiction. In the result, the appeal is allowed and the question is answered in the negative. We make no order as to costs. Ed. ...... jute sec-tion for the period of 1365 B.S. and the Income-Tax Officer considered that the correct accounting period for the assessment year would be the accounting year 1366 B.S. and on taking this view the Income-Tax Officer required the Assessee to give his opinion; and the Assessee by the let..Category: Fiscal/Taxation Law | Date: | Hits: 78
People's Republic of Bangladesh Vs. Sri Sri Madan Gopal Jew Bigraha and ors., 1981, 10 CLC (AD)
.... of the first appellate Court is empowered to question validity of Hate Court and restore that of the trial Court recording abatement of the suit, There will be no order as to costs. Ed. ...... rolls with regard to the Plff-Debuttor Estate have been prepared or published in terms of the Act a 1 Rules thereunder; (5) that the Debuttor Estate is not acquirable under the Act in view of the fundamental rights granted by the Constitution; (6) that the plaintiff is enti..Category: Property Law | Date: | Hits: 44
S.M. Quddus & ors Vs. Chairman, Labour Court, Ctg. & anr, 1981, 10 CLC (AD)
.... provides, in our opinion, sufficient justification for granting termination benefits instead of reinstatement. In that view of the matter, the petitions are dismissed. Ed. ......ders) Act, 1965 in directing the employer to give termination benefit after setting aside the order of dismissal. The contention of the petitioners does not appear to have any substance in view of the language of section 25 of the Act which provides, inter alia, that in deciding the..Category: Labour and Industrial Law | Date: | Hits: 110
Siddique Ahmed Chowdhury & others Vs. Gani Ahmed and others, 1979, 8 CLC (AD)
....is is a question of fact and hardly arises in this appeal by special leave. For the foregoing reason, we dismiss the appeal with costs. Ed. This Case is also Reported in: 33 DLR (AD) 1. ......ing of Privy Council decisions. What is now requited is to see whether the exposition of law has rightly been made in Ayani Dasi's case 12 DLR 603 or it requires reconsideration and restatement, in view of the Privy Council decisions in a number of cases, namely, Nawab Sikander Begum vs. Julfika..Category: Property Law | Date: | Hits: 53
Abdul Jabbar Khan @ Jabbar Khan & ors Vs. State and another, 1980, 9 CLC (AD)
....oned in the original complaint petition and sent up for trial by the police and he will be guided by the principles enunciated above. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 247 ......offence it is right and proper that he should bring justice all those persons whether originally mentioned or not, who, evidence shows, were guilty of that offence." 6. Case laws were reviewed by the Full Bench. The decision in Charu Chandra Vs. Narendra Chandra, 4 C.W.N. 367 and Dider..Category: Criminal Law | Date: | Hits: 60
Bangladesh Vs. Hail Abdul Gani Biswas and others, 1980, 9 CLC (AD)
....ng that the President's Order 24 of 1973 has led to the constitutional difficulty which, however, was a mere amendment of a grammatical error, Lastly it was contended that the High Court Division had erroneously taken the view that President's Order No. 24 of 1973 affected certain vested right to pr......nasmuch as section 95A of the aforesaid Act does not cover the case of the pure sale with an agreement to recovery. An out and out sale accompanied by an agreement for reconveyance is within the purview of the President's Order Nos. 88 and 136 of 1972 and No. 24 of 1973 whereby provisions of secti..Category: Property Law | Date: | Hits: 85
Belayet Hossain and another Vs. Md. Abu Taher and others, 1980, 9 CLC (AD)
....side and the case is remitted back to the High Court Division for disposal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 231. ......Court Division in Civil Revision Case No. 1163 of 1975.) Judgment: Kemaluddin Hossain CJ.—In this appeal the question involved is whether the learned Single Judge was justified in taking a view contrary to the current of decision standing stare decisis on the point, that a refusal to set ..Category: Property Law | Date: | Hits: 55
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