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Sreemati Charubala Sen Gupta Vs. Abul Hashem and others, 1981, 10 CLC (AD)
....udge are set aside and the application for addition of party to the probate proceeding is dismissed without, however, any order as to costs. Ed. This Case is also Reported in: 33 DLR (AD) 254. ......udge are set aside and the application for addition of party to the probate proceeding is dismissed without, however, any order as to costs. Ed. This Case is also Reported in: 33 DLR (AD) 254. ......1976.) Judgment Shahabuddin Ahmed J.- This appeal by special leave is from the judgment and order of the High Court Division refusing to interfere with a judgment and order of the District Judge allowing addition of parties to a probate proceeding under section 283(1) (c) of the Success..Category: Property Law | Date: | Hits: 80
Dr. Nurul Islam Vs. Bangladesh, 1980, 9 CLC (AD)
....osts. The decision of the High Court Division is set aside and the impugned order declared to be of no lawful authority. Ed. This Case is also Reported in: 33 DLR (AD) 201, 1981 BLD (AD) 140. ......osts. The decision of the High Court Division is set aside and the impugned order declared to be of no lawful authority. Ed. This Case is also Reported in: 33 DLR (AD) 201, 1981 BLD (AD) 140. ......untarily retired. In his supplementary affidavit-in-reply the appellant mentioned that those doctors voluntarily retired because they obtained lucrative jobs in foreign countries. 11. The learned Judges of the High Court Division, after hearing the parties, discharged the Rule on July 29, 1980. ..Category: Employment/Service Law | Date: | Hits: 180
Musharraf Hossain Chy Vs. GM, Titas Gas Transmission & Dist. Co. Ltd. & ors., 1981, 10 CLC (AD)
....view of the above observations, the appeal is dismissed, the Judgment and order of the High Court Division is upheld. There will be no order as to costs. Ed. This Case is also Reported in: ......as Transmission and Distribution Company Ltd. and he is directed to report for duties immediately. The officer currently holding the aforesaid post should vacate and will work as an officer on Special Duly until further orders." Respondent No.1 by his order dated May 24, 1979 terminated......ion by a three months' notice. It was denied that the appellant’s service was terminated in i971. 9. After hearing the parties, the rule obtained by the appellant was discharged by the learned Judges of the High Court Division on the grounds that the principle of natural Justice was not avail..Category: Employment/Service Law | Date: | Hits: 104
Bangladesh Steamer Agents Association Vs. Bangladesh & others, 1981, 10 CLC (AD)
.... any lawful authority. Ed. ...... any lawful authority. Ed. ......he Rule issued earlier held that the appellant did not acquire any vested right to run the Licensed Measurers Department business because of the clause in the Memorandum of Association. The learned Judges further held that stoppage of Licensed Measurers Department service does not affect the main..Category: Others | Date: | Hits: 110
Khandaker Ehtehshamuddin Ahmed @ Iqbal Vs. Bangladesh and others, 1980, 9 CLC (AD)
....rnment of Bangladesh. 8. The main ground for challenging the legality of the proceedings before the special Martial Law Court number, 11 is that the transfer of the case from the Court of the Sub-Divisional Magistrate to the special Martial Law Court No. 11 being wholly illegal and without Juris......am J. - This appeal by special leave is directed against the judgment and order dated Jane 13, 1979 passed by the High Court Division in Writs Petition No. 508 of 1979. The appellant was tried by the Special Martial Law Court No. II, Dacca on a charge under section 302 of the Bangladesh Penal Code i......h much reliance has been placed by Mr. M.H. Khondker lends any real support to the contentions raised by him. On carefully going through the decision in Asma Jilani's case it appears that the learned Judges of the Supreme Court of Pakistan have not followed the view taken in the case of State vs...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. ...... 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. ......r 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 observing that the Screening Board based its decision on extraneo..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. ...... the Judgment and order dated 13-8-79 passed by the High Court Division in Criminal Revision Nos. 94 of 1979 and 61 of 1979). Judgment: Ruhul Islam J. -These two Criminal Appeals by Special Leave arise from the Judgements and orders dated August 13, 1979 passed by a Division ...... 13-8-79 passed by the High Court Division in Criminal Revision Nos. 94 of 1979 and 61 of 1979). Judgment: Ruhul Islam J. -These two Criminal Appeals by Special Leave arise from the Judgements and orders dated August 13, 1979 passed by a Division Bench of the High Court Divis..Category: Criminal Law | Date: | Hits: 62
Nani Gopal Saha Vs. Jatindra Lal Chowdhury and others, 1981, 10 CLC (AD)
....s an order in excess of its power as provided under Articles 3 and 7 of the President's Order No. 13 of 1972. In the result, the appeal fails and it is dismissed with costs, Ed. ......s an order in excess of its power as provided under Articles 3 and 7 of the President's Order No. 13 of 1972. In the result, the appeal fails and it is dismissed with costs, Ed. ......on Court afresh suffers from clear want of jurisdiction and was made without lawful authority and 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 err..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. ......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. ...... of the Code of Civil Procedure for restoration of the suit on setting aside the ex parte decree. He also filed a petition praying for time for furnishing required security bond. The learned S.C.C. Judge allowed time to the respondent to furnish the security bond by 25-9-73 and fixed 14-11-73 for ..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. ......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. ......n. It was revalidated on payment of required stamps. 5. The point arising in this appeal has been set out earlier. Before dealing with the basic question an observation made by the learned Single Judge of the High Court Division to which the learned Attorney- General has taken exception to as ..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. ......ing upon the decision of a Division Bench of the Dacca High Court in Syed Abdul Karim vs. Harendra Chandra Dhupi, 14 D.L.R 847 accepted the contention and dismissed the application for preemption. Special leave to appeal was granted to the appellants to consider whether the objection that Mozaff......h the pre-emption case under section 96 of the East Bengal State Acquisition and Tenancy Act, 1950. 2. The short question for consideration in this appeal is whether the learned Single Judge of the High Court correctly appreciated the ratio decidendi of the decision of this Court..Category: Property Law | Date: | Hits: 73
Khadomul Islam Chowdhury Vs. Bangladesh and others, 1981, 10 CLC (AD)
....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. ......ned. 2. Facts for disposal of the appeal are that the appellant filed a writ petition under Article 102 of the Constitution for declaration that the notice dated July 21,1976 issued by Respondent, Special Additional Land Acquisition Officer (D.I.T.) in L.A. Case No. 10 of 1963-65, and the order d......fore the same Bench by the Respondent, Dacca improvement Trust praying for re-hearing of the Writ Petition after setting aside the judgment of July 12, 1279. On this application on 1-6-79 the learned Judge, passed the following order: "Heard Mr. A. Hossain Khandker and perused this applicatio..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: ......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: ....... Rafiqur Rahman, Senior Advocate, instructed by Zinnur Ahmed, Advocate-on-Record.—For the Respondent No. 1. Ex-parte—Respondents No. 2-12. Civil Appeal No. 56 of 1980. (From the Judgement and order of the High Court Division dated July 24, 1979 passed in S.M.A. No. 45 of 197). ..Category: Procedural Law | Date: | Hits: 111
Ful Chand Das and others Vs. Mohammad Hammad and others, 1982, 11 CLC (AD)
.... falling under sub-clause (i) of clause (a) of sub-section (2) and to the Deputy Commissioner in all other cases. (4) On receipt of an application under sub-section (3), the Sub-Divisional Officer or the Deputy Commissioner, as the case may be, shall cause an enquiry to be ...... section 4 as substituted by Ordinance X of 1964 and section 6 as amended by the said Ordinance was challenged by a writ petition in the case of Chittaranjan Sutar. The petition was heard by a Special Bench of the East Pakistan High Court. On examining the restrictions put on the transfer o......lved in the appeal. 2. This appeal by special leave arises from a judgment of the High Court Division in First Appeal No. 38 of 1969 dated August 28, 1974 reversing that of the Subordinate Judge and dismissing the suit for cancellation of sale-deed dated February 7, 1964 on declarat..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. ......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. ......execution case on the 10th November, 1970 there is no doubt that more than three years had lapsed thus the execution case becoming barred under Article 182 of the Limitation Act. The learned Single Judge in order to overcome this bar invoked the aid of section 14 sub-section (2) of the Limitatio..Category: Property Law | Date: | Hits: 54
Sultan Ahmed, Advocate and others Vs. Haji Sultan Ahmed and others, 1982, 11 CLC (AD)
....xecute "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 application before the Sub-Divisional Magistrate, Chittagong for drawing up a proceeding under section 144 of the Code, a......gh Court Division dated 5 June 1981, order of the Additional Sessions Judge dated 30th November 1979 and the order dated 16 October 1978 of the learned Magistrate are set aside. Ed. ......tween a bond for keeping the peace and a bond for good behaviour or to non-application of mind to the question involved. 4. This order was challenged by the second-party before the Sessions Judge, by a revisional application seeking a reference to the High Court Division under section 438..Category: Criminal Law | Date: | Hits: 51
Govt. of Bangladesh Vs. Md. Arshad Ali, 1982, 11 CLC (AD)
....sed detection and recovery of 1514 tolas of gold and 3271 tolas of silver in the course of smuggling from Bangladesh 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 com......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 seized gold and silver, to make payment of the reward to him. 5. Legality of the order of High Court Division has been challenged by the appellant contending, inter alia, that the learned Judges of the High Court Division failed to give proper consideration to the Rules appended 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)
....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. ......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. ......al depreciation in respect of the plant and machineries which are not installed in Pakistan (Bangladesh). The reference was heard by the Division Bench of the High Court. The learned Judges of the High Court Division without answering the question suo moto entered into discussion a..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. ......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. ......t 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 cannot be accepted. The learned Judges of the High Court Division were correct in taking the view that the import of raw mater..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. ......d ''office of profit" with retrospective effect. Consequently the appellant's disqualification stood removed and her election was saved. In Piare Dusaah vs King Emperor (FC) 1 the validity of the Special Criminal Courts Repeal Ordinance (19 of 1943) was considered. By promulgating this Ordinance...... 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
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