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Sultan Ahmed, Advocate and others Vs. Haji Sultan Ahmed and others, 1982, 11 CLC (AD)
....re with an order of Magistrate made under section 107 of the Code of Criminal Procedure, directing the appellants to execute "bond for good behaviour," but without complying with the provisions of section 112 of the said Code. 2. The respondents-first party had filed an app......; Shahabuddin Ahmed J.—In this appeal, by special leave, the question is whether the High Court Division was well founded in law in refusing to interfere with an order of Magistrate made under section 107 of the Code of..Category: Criminal Law | Date: | Hits: 51
Govt. of Bangladesh Vs. Md. Arshad Ali, 1982, 11 CLC (AD)
....sp; Ruhul Islam J.— In this appeal by special leave the question for our consideration is whether the provision of "reward" as contained in rule 7 of the Resolution of the Ministry of F...... to India in Satkhira, Khulna. The respondent handed over the articles to the Sub-Divisional Officer, Satkhira, and in due course the smugglers were convicted and sentenced by a competent Court of law and the seized articles were confiscated to the State and handed over to the Bangladesh Bank. T..Category: Criminal Law | Date: | Hits: 171
M/s. Everett Orient Lines Inc. Vs. Commissioner of Income Tax Ctg Zone, Ctg, 1982, 11 CLC (AD)
....t Division referring the two questions: "(i) Whether in the facts and in the circumstances of the case, the Income Tax Appellate Tribunal has correctly interpreted the provisions of section 10(2) (vi) of the Income Tax Act and of Rule 9 (old) rule (8) of the Income ......to the appellant in computing the income of the appellant in the year under appeal. The Income Tax Officer is, therefore, directed to allow additional depreciation on the ships in accordance with law." Income Tax Officer was directed to revise the assessment order accordingly. ..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)
....he exemption continued till 30-6-66 and sales-tax at the rate of 5% was imposed on washing soap under Notification No. S.R.O. 114(R)/66 dated 1-7-67, with effect from 1-7-66. In the absence of any provision either in the Notification or any change in the existing law, that is, the charge se......ibunal sod prayed for referring the question framed therein to the High Court Division. The Tribunal by its order dated 21-4-72 rejected the application on the ground that no question of law arose out of the Tribunal. Thereafter the assessee filed an application under section 17(2) of ..Category: Fiscal/Taxation Law | Date: | Hits: 95
Mofizur Rahman Khan Vs. Government of Bangladesh, 1982, 11 CLC (AD)
....r on the subject. The second is whether by validation, Parliament has removed the defect which the Court had found in the earlier law. And thirdly, whether the validating law is consistent with the provision of the Constitution. When all the three test have been fulfilled, the validation law may o......usion arrived at on the appeals by my, learned brother Shahabuddin Ahmed, J., I think it appropriate to make some observations of my own on the constitutional question of validation of an invalid law, struck down earlier as repugnant to a Fundamental Right. In this particular case section 9 (2) ..Category: Constitutional Law | Date: | Hits: 188
Abdul Halim Mollah @ Monohar Mollah & anr Vs. Member, App Tribunal Dacca & ors., 1982, 11 CLC (AD)
....o 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 appeal against acquittal; ......te Tribunal and the sentence shall not be executed unless it confirmed by the Appellate Tribunal." 7. On careful consideration of the relevant provisions of law referred to by the learned Counsel I find it difficult to accept the proposition that an appeal..Category: Criminal Law | Date: | Hits: 40
Bangladesh Vs. Md. Misfor Ali and others, 1982, 11 CLC (AD)
....egal effect. 5. The judgment under appeal shows that according to the learned Judges when the respondents were exonerated from the charges of criminal offence by a competent Court, the provisions of President's Order No. 9 of 1972 could not he invoked and applied to punish them for ......ent of the High Court Division in Writ Petition No. 180 of 1978 declaring the order removing the respondents from service under the President's Order No. 9 of 1972, as illegal and without any lawful authority. Facts in short relevant for disposal of the appeal are that the respond..Category: Employment/Service Law | Date: | Hits: 92
....come-tax Act answering the question raised by the assessee and remanding the case to the Deputy Commissioner of Taxes to determine the income, profits and gains of the assessee in accordance with the provisions of section 13 read with section 23 of the Income-tax Act Leave was granted to examine whe......ruct the sales disclosed on the basis of 10% gross profit rate.....”
4. The contention of the appellant is that the question framed by the assesses is a pare question of fact, and no question of law arises from the judgment of the Appellate Tribunal and no reference lay under section 66 (1) of ..
Category: Fiscal/Taxation Law | Date: | Hits: 100
Bangladesh Vs. Md. Matiur Rahman, 1982, 11 CLC (AD)
....1973, but instead of taking up the work he wrote to the Superintending Engineer to forward a copy of the administrative approval of the proposed construction along with an abstract showing the provision of electrical installation in connection with the proposed work at an early date fo...... harshness has become apparent, the only decision that is called for is to say whether the punishment is contrary to the recommendation of Public Service Commission was illegal or without lawful authority or not. The respondent has not filed the petition in mitigation of sentence. He h..Category: Employment/Service Law | Date: | Hits: 87
Rajan Miah Vs. Abdur Rashid and another, 1982, 11 CLC (AD)
.... of the trial court judgment by the appellate Court below was justified and the plaintiff is not entitled to any relief. In the result, therefore, this appeal is dismissed with cost. Ed. ......lish his possession in the suit land within 12 years from the institution of the suit he is not entitled to get any relief, the suit being barred by limitations The conclusion is in accordance with law. The High Court Division had summarily dismissed the appeal. In air fairness it must be stated ..Category: Property Law | Date: | Hits: 47
Commissioner of Income Tax Vs. Chowdhury Ramzan Ali and another, 1982, 11 CLC (AD)
....he demand on the ground that it was time barred. Thereafter the Appellate Commissioner of Income made an application before Company Judge for direction on the Official Liquidator to make provision for payment of the demand in respect of the income tax and super tax assessed for the ass......the order of the Company Judge and the said appeal was heard by a Division Bench of the High Court which dismissed the appeal. 3. Leave was granted to consider substantial questions of law involved in the case, namely, whether the High Court was wrong in holding that provisions of se..Category: Fiscal/Taxation Law | Date: | Hits: 85
Hajee Khabiruddin Ahmed Vs. Md. Salam Kabir, 1982, 11 CLC (AD)
....proper address nor regarding the posting by registered post. In these circumstances, we hold that the conclusions of the learned Judges of the High Court Division have not been correctly drawn. The provisions of section 27 did not leave any scope for drawing any adverse presumption regarding servi......the trial court on the ground of default and requirement of the house by the landlord-appellant for reconstruction dismissed the suit on inconsequential grounds and upon an erroneous view of law." 6. It appears that regarding personal service of notice the learned Judges in finding ..Category: Tenancy Law | Date: | Hits: 67
Rokeya Khatun Vs. Alijan @ Alijan Bepari and ors., 1982, 11 CLC (AD)
....he modification that the suit is decreed in part in favour of the appellant to the extent of the 1/3 rd share in the suit property. Respondent No. 1 is to pay cost of the appeal. Ed. ......was a pardanashin lady who had no independent advice before she executed the documents transferring her entire property. In second appeal a question was raised whether the said proposition of law is applicable to the bona fide purchaser for consideration from the beneficiary under the docum..Category: Property Law | Date: | Hits: 57
.... submitted that there has been no total denial of the procedural safeguards provided in the Statute which were available to the respondent. According to him, if there had been non-compliance with the provisions of the Ordinance it might have been argued that such non-compliance has gone to the root ......nt was guilty of misconduct and the unauthorised storing of the aforesaid quantity of cement outside the University godown resulted in financial loss to the University. Further the inquiry was held lawfully and every reasonable opportunity was afforded to the plaintiff-respondent to defend himself..
Category: Employment/Service Law | Date: | Hits: 109
Abu Bakkar Vs. Nazir Ahmed, 1982, 11 CLC (AD)
....years and with amendment by ordinance no. XXI of 1969 maximum period for usufructuary mortgage was reduced to seven years. However, right of redemption subsists for sixty years. With amendment of the provision by P.O. 86 of 1972, the mortgager acquired the right of redemption with an application bef......not file any redemption suit, but may get quick remedy by an application to the Sub-divisional Magistrate. The other provision in the amendment is that notwithstanding anything contained in any other law in force, any transfer of a land by an out and out sale with a condition for reconveyance shal..Category: Property Law | Date: | Hits: 58
Khondker Moshtaque Ahmed Vs. Bangladesh, 1982, 11 CLC (AD)
.... as to enable constitution of each Court with an officer of the Army as Chairman and another Army officer as member thereof, which together would constitute majority in the Court. (b) There was provisions for an appeal to the Government in cases where the Special Martial Law Court would be div......ice rendered by the accused to the Nation during the war of liberation and also of his age. The Special Martial Law Court directed that the proceedings of the case be submitted to the Chief Martial law Administrator for review as required under Regulation 4 of M.L.R. 1 of 1975. In the first case t..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.......the reasons, we set aside the judgment of the High Court Division and that of the Court of appeal 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...Category: Property Law | Date: | Hits: 65
Bangladesh Vs. Hon'ble Judge, Prize Court, HCD, Supreme Court Building, Dacca, 1982, 11 CLC (AD)
....the fond by way of a formal proposal and working scheme for consideration of the Prize Court. The Ministry of law was denied the locus standi to file application. Reasons are that there is no provision in law for a wholesale transfer of the Prize Fund from the custody of the executive admi&......through a Secretary in the Ministry of Finance for distribution and investments of the fond by way of a formal proposal and working scheme for consideration of the Prize Court. The Ministry of law was denied the locus standi to file application. Reasons are that there is no provision i..Category: Others | Date: | Hits: 116
Abdul Hamid Vs. Abdul Jabbar , 1982, 11 CLC (AD)
.... 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 the Code of Civil Procedure, briefly the '......e of reversal of an erroneous order by which a person had been deprived possession of his property, in a civil proceeding which ends with an order having the force of a decree. 5. In English law as to restitution, no distinction is found to have been made between order, judgment and decree..Category: Civil Law | Date: | Hits: 82
Bangladesh & others Vs. A. K. M. Zahangir Hossain, 1981, 10 CLC (AD)
.... petitions in the High Court Division and some were allowed and some dismissed. A common question involved in all the appeals is whether a member of the subordinate police service by virtue of some provisions contained in the Bangladesh Constitution can maintain a writ petition on the ground of vi......espondents (In Civil Appeal No. 126 of 1979). Judgment October 21, 1981. Result: If a member of any disciplined force is aggrieved by an order of a Court or tribunal established under law relating to the disciplined force, he is debarred from invoking the writ jurisdiction unless it ..Category: Constitutional Law | Date: | Hits: 188
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