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Bangladesh Steamer Agents Association Vs. Bangladesh & others, 1981, 10 CLC (AD)
....of a person can be scrutinized in the light of the principles of natural justice. The principles are not embodied written rules and what principle shall apply to a given case is dependent upon the facts and circumstances of that case. When allegation is lodged that some principles of natural jus......Pal, Senior Advocate, with S. C. Das, Advocate, Instructed by A. Rab-II, Advocate-on- Record.—For the Respondent Nos. 3 & 4. Civil Appeal No 36 of 1979 (From the Judgment and order dated 23.2.79 passed by the High Court Division in Writ Petition No. 1003 of 1978.) ...... any lawful authority. Ed. ..Category: Others | Date: | Hits: 110
Goutam Ranjan Sen and other Vs. Bangladesh and others, 1981, 10 CLC (AD)
....lier hat arisen. 2. It is true that by the notification of 3rd December, 1965 if a property was an enemy property, all kinds of transfer including making of the will were prohibited and the facts set out which are not much in dispute clearly established that the property of Chiranjib Sen ......; Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Goutam Ranjan Sen and other............... Appellant Vs. Bangladesh and others………&h......rt, in that, the decision of the High Court is confirmed subject to this modification that the suit shall remain stayed so long the suit property. There will be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 39
Khandaker Ehtehshamuddin Ahmed @ Iqbal Vs. Bangladesh and others, 1980, 9 CLC (AD)
....ft occipito parietal region. According to the Doctor's opinion death was due to shock and haemorrhage as a result of both the Injuries which were ante, mortem and homicidal in nature. 5. Material facts found by the Special Martial Law Court on the evidence led by the prosecution are that the vic......eported in: 33 DLR (AD) (1981) 154. ......'s opinion death was due to shock and haemorrhage as a result of both the Injuries which were ante, mortem and homicidal in nature. 5. Material facts found by the Special Martial Law Court on the evidence led by the prosecution are that the victim Saleha was married to appellant Kh. Ehteshamuddl..Category: Constitutional Law | Date: | Hits: 292
Bangladesh and others Vs. Md. Abdur Rab, 1979, 8 CLC (AD)
....The three-in-one set was sent to him in 1977 from London by his brother who owns a restaurant there. The TV set was presented to his children in 1975 by his mother-in-law. Documents in support of the facts stated by the respondent in his explanation were also put in. He also prayed for examination o......is also Reported in: 33 DLR (AD) (19781) 143. ......in witnesses for proving his innoceÂnce. 4. The respondent’s grievances were that the Screening Board did not examine any witness excepting his father, nor was he supplied with any copy of the evidence recorÂded by it. Further, the Board directed an enquiry by the District Anti-Corruption De..Category: Employment/Service Law | Date: | Hits: 102
Nani Gopal Saha Vs. Jatindra Lal Chowdhury and others, 1981, 10 CLC (AD)
....or re-hearing of the case, and as provided under the Statute, should have adjudicated and decided the case fully and finally, if necessary after taking further evidence in the matter. 2. The facts, in short, necessary for proper appreciation of the contention under consideration may b...... Badrul Haider Chowdhury J Shahabuddin Ahmed J Nani Gopal Saha ..............................................................Appellant Vs. Jatindra Lal Chowdhury and others....................................Respondents Judgment December 11, 1980....... that the Tribunal could not direct for re-hearing of the case, and as provided under the Statute, should have adjudicated and decided the case fully and finally, if necessary after taking further evidence in the matter. 2. The facts, in short, necessary for proper appreciation of the con..Category: Constitutional Law | Date: | Hits: 153
Binode Behari Saha Vs. Nitya Gopal Shaha, 1980, 9 CLC (AD)
.... in Rughu Nath Das vs. Pana Lal, 1910 54 PR 1910 corresponding to 6 Indian Case 945; and Shadi Lal, J. in Mukandi Lal vs. Pars Ram, (1919) 50 Indian Case 917. 8. In the case in AIR 1931 Lah. 332 facts in short are that an application was filed by the judgment-debtor for setting aside an ex part...... The Small Cause Courts Act, 1887 (IX of 1887), Proviso to Section 17(1) If the application for seeking Court's direction is filed along with the application for setting aside the ex-parte decree and the Court passes necessary orders on the application directing the applicant either to deposit t......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. ..Category: Procedural Law | Date: | Hits: 147
Nurunnessa and ors Vs. Babr Ali Bepari and others, 1981, 10 CLC (AD)
.... of RegisÂtrar of that country is produced in India, the presumption of section 85 does not arise. These two decisions are not very relevant to the question before us. 18. We now turn to the facts of the present case. It appears that the power of attorney was authenticated before a Magistra......w, we, however, make no order as to costs. Ed. ......ure of any person 'authorised by this section to administer an oath in testimony of any oath, affirmation, affidavit, or act being admiÂnistered, sworn or done by or before him, shall be admitted in evidence without proof of the seal or signature being the seal or sigÂnature of the person, or of t..Category: Others | Date: | Hits: 128
Abdus Samad & ors Vs. Md. Sohrab Ali and others, 1981, 10 CLC (AD)
....igh Court correctly appreciated the ratio decidendi of the decision of this Court in Motilal Sikder vs. Benondini Dasi, 28 D.L.R (AD) 5, and whether the same has been correctly applied to the facts and circumstances of this case. 3. Facts relevant for disposal of the appea......hmed J Abdus Samad & ors…………………………………Appellant Vs. Md. Sohrab Ali and others..................... Respondents Judgment March 18, 1980. ......amely whether the petitioners were the owner of the contiguous lands and whether the application was barred by limitation. On both the points are learned Munsif found, on consideration of the evidence, in favour of the pre-emptors. On the question of defect of parties the learned Munsif ob&..Category: Property Law | Date: | Hits: 73
Khadomul Islam Chowdhury Vs. Bangladesh and others, 1981, 10 CLC (AD)
....but none of the Counsels appearing for the parties challenged the power of the High Court Division to review its order made under Article 102 of the Constitution. 4. We, therefore, now turn to the facts of the case. Mr. Khandker Mahbubuddin Ahmed has much justification in saying that on 1st Augus......sion (Civil) Present: Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Khadomul Islam Chowdhury…………………….Appellant Vs. Bangladesh and others ……………………………..Respondents Judgment July 21, 1980. Lawyers ......for disposal in accordance with law. Let the operation of the order dated 12th July. 1979 be stayed till the disposal of the matter in the High Court Division There will no order as to costs. Ed. ..Category: Constitutional Law | Date: | Hits: 160
Shamuj Ali and other Vs. Kamalarma Bibi and others, 1980, 9 CLC (AD)
....the appellate court if appeal is preferred from the decree of reversal of the first appellate court. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: ......n: ......the appellate court if appeal is preferred from the decree of reversal of the first appellate court. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: ..Category: Procedural Law | Date: | Hits: 111
Ful Chand Das and others Vs. Mohammad Hammad and others, 1982, 11 CLC (AD)
....hose 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 considering the facts and circumstances of the case, I agree with the judgment of Shahabuddin, J. I think it advisa......t Appellate Division (Civil) Present: FKMA Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Ful Chand Das and others......................Appellants Vs. Mohammad Hammad and others&......lly denied that he was ever acquainted with the plaintiffs. He also denied that he had any acquaintance with the Deputy High Commissioner of India at Dacca. 4. At the trial the parties led evidence in support of their respective case. On consideration of the evidence the learned Sub..Category: Property Law | Date: | Hits: 75
Abdul Alim and others Vs. A. K. Abdul Hoque and others, 1982, 11 CLC (AD)
....d have raised the following question for determination by this Court- 1. Whether section 14 of the Limitation Act is available in an execution proceeding. 2. In the facts of this case whether it could be said that the second executions petition was within ti......preme Court Appellate Division (Civil) Present: Kemaluddin Hossain CJ Ruhul Islam J K. M. Subhan J Badrul Haider Chowdhury J Abdul Alim and others……………………………&h......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. ..Category: Property Law | Date: | Hits: 54
Govt. of BanglaÂdesh Vs. Md. Arshad Ali, 1982, 11 CLC (AD)
....e sustained. Therefore, the appeal is allowed. The judgment and order of the High Court Division are set aside and the writ petition is dismissed. We make no order as to costs. Ed. ......e Appellants. Rafiq-ul-Huq, Senior Advocate instructed by Serajuddin Ahmed, Advocate-on-Record,—For the Respondent. Civil Appeal No. 118 of 1981. From the judgment and order dated April 30, 1981 passed by the High Court Division in Writ Petition No. 760 of 1980.......ibunal wherein the presence of the claimant for reward is essential to comply with the rules of principle of natural justice and to afford him an opportunity to establish his claim upon legal evidence." According to the learned Judges, "Without such proceeding any determination of..Category: Criminal Law | Date: | Hits: 171
M/s. Everett OriÂent Lines Inc. Vs. Commissioner of Income Tax Ctg Zone, Ctg, 1982, 11 CLC (AD)
.... order. Thereafter, the Revenue filed the application under section 66(1) of the Income Tax Act before the High Court Division referring the two questions: "(i) Whether in the facts and in the circumstances of the case, the Income Tax Appellate Tribunal has correctly ...... Advocate-on-Record—For the Appellant. Mahmudur Rahman, Advocate -instructed by Md. Sajjadul Huq, Advocate-on-Record — For the Respondent. Civil Appeal Nos. 129 of 1980 and 130 of 1980. On appeal from the judgment and order dated 23-6-1980 pa......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. ..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. ......r the Appellant, A.M. Mahmudur Rahman, Advocate instructed by Md. Sajjadul Huq, Advocate-on-Record.—For the Respondent. Civil Appeal No, 100 of 1981. From the judgment and order dated 24-6-1980 passed by the High Court Division in Application No. 157 of 1972. ......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. ..Category: Fiscal/Taxation Law | Date: | Hits: 95
Mofizur Rahman Khan Vs. Government of Bangladesh, 1982, 11 CLC (AD)
....a hurry to proceed with the scheduled work of selecting candidates. It was further alleged that in a Departmental Proceeding he was let off with a warning. Excepting this matter of warning, all other facts as alleged by the Government have been practically admitted by him That his efficiency deterio......¦â€¦â€¦â€¦... Appellant Vs. Burhanuddin Ahmed………………………….. Respondent (In Civil Appeal No. 124 of 1981) Judgment March 10, 1982. Result: Civil Appeal Nos. 73 and 124 of 1981 are dismissed. Cases Referred To- Dr. Nurul Islam Vs. Govt. of Bangladesh (1...... 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. ..Category: Constitutional Law | Date: | Hits: 188
Abdul Halim Mollah @ Monohar Mollah & anr Vs. Member, App Tribunal Dacca & ors., 1982, 11 CLC (AD)
....ed. Another is that of reasonable doubt. The accused mast has the benefit of that doubt. An appellant from conviction can always invoke the support of these principles, if he can show that the facts of his case come from within their purview. On the other hand, the task of the appellant fro......resent: Kemaluddin Hossain CJ F. K. M. A. Munim J Ruhul Islam J Badrul Haider Chowdhury J Abdul Halim Mollah alias Monohar Mollah and another……………………Appellant &nbs...... prosecution had failed to prove the case beyond reasonable doubt and accordingly benefit of doubt was given to the accused. On appeal by the State, the Appellate Tribunal on consideration of the evidence accepted the case of the prosecution as against the appellants and disbelieved the pr..Category: Criminal Law | Date: | Hits: 40
Bangladesh Vs. Md. Misfor Ali and others, 1982, 11 CLC (AD)
....l is bad in law, because, Article 6 of President's Order No-9 of 1972 empowering the Government to remove its employees from service without assigning any reason thereof, has no application in the facts and circumstances of the case. 4. Leave was granted to examine whether the High Court ......emaluddin Hossain CJ F. K, M. A Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Bangladesh represented by the Secretary, Ministry of Power and Water Resources ……………… Appellants Vs. M......ges, the appeal must succeed. Therefore, the appeal is allowed. The judgment of the High Court Division is set aside and the Writ Petition is dismissed. We make no order as to costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 92
..... The assessee respondent filed an application under sub-section (1) of section 66 of the Income-tax Act raising the following question for the decision of the High Court Division:
"Whether on the facts and circumstances of the case the Tribunal was justified in confirming the rate of gross profi......ns 13, 66(1)
In case of assessee does not maintain accounts in accordance with method of accounting regularly, the assessing officer has been given the power to reject the accounts of the assessee and take recourse to the proviso to section 13. In such a case, the assessing officer is competent t......dgment and order by the High Court Division are set aside. The appeals are allowed without any order as to costs.
Ed.
This Case is also Reported in: 34 DLR (AD)(1982) 298; 3 BLD (AD) 1983, 48.
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Category: Fiscal/Taxation Law | Date: | Hits: 100
Bangladesh Vs. Md. Matiur Rahman, 1982, 11 CLC (AD)
....y namely, censure but the Government decided to impose a major penalty. Opinion of the Public Service Commission was obtained. It expressed the opinion that the dismissal would be harsh in the facts and circumstances of the case and recommended censure but the Secretary took a strong vi......n Hossain CJ Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Bangladesh represented by the Secretary, Ministry of Public Works and Rural Development and another ……………………&h......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. ..Category: Employment/Service Law | Date: | Hits: 87
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