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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. ......orney who subsequently executed a deed of sale in favour of the plaintiff on 8.10.56 and that the plaintiff thus became the owner of the suit lands and was possessing it, but it having been wrongly recorded in the name of the defendant-respondents, he was compelled to file the suit. 2. The de......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. ..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. ......stion for consideration was whether the application for pre-emption was maintainable or whether it was bad for defect of parties. The learned Subordinate Judge on consideration of the materials on record found that the question was not properly adjudicated by the learned Munsif inasmuch as he ba...... the absence of such party. 16. The right to purchase the land transferred as contemplated under section 96 is a statutory right and it is to be exercised within 4 months of the service of notice under section 89, or if no notice has been served under section 89, within ..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. ......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. ......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: ......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: ..Category: Procedural Law | Date: | Hits: 111
Ful Chand Das and others Vs. Mohammad Hammad and others, 1982, 11 CLC (AD)
....as specified in sub-section (4) or sub-section (5), or an appeal is not disposed of within the period as specified in sub-section (9) the authority concerned shall record, in writing, a good and valid reason thereof"; and (iv) the Explanation there......sed of within the period as specified in sub-section (4) or sub-section (5), or an appeal is not disposed of within the period as specified in sub-section (9) the authority concerned shall record, in writing, a good and valid reason thereof"; and (iv......ent of the High Court Division is maintained. Consequently, this appeal stands dismissed without any order as to costs. Ed. This Case is also Reported in: 3 BLD (AD) 1983, 68. ..Category: Property Law | Date: | Hits: 75
Abdul Alim and others Vs. A. K. Abdul Hoque and others, 1982, 11 CLC (AD)
.... another civil proceeding, whether in a Court of first instance or in a Court of appeal against the same party for the same relief shall be excluded, where such proceeding is prosecuted in good faith in a Court which from defect of jurisdiction, or other cause of a like nature, is unabl......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. ..Category: Property Law | Date: | Hits: 54
Sultan Ahmed, Advocate and others Vs. Haji Sultan Ahmed and others, 1982, 11 CLC (AD)
....vision was well founded in law in refusing to interfere 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. ......e been made on behalf of the first party to show that an order was made by the Magistrate on 10 October 1978 asking the second party to show cause why they should not execute a bond, but it was not recorded in the Order-sheet by mistake. Contention of the second party is that the alleged order da......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. ..Category: Criminal Law | Date: | Hits: 51
Govt. of Bangladesh Vs. Md. Arshad Ali, 1982, 11 CLC (AD)
.... 8. Clause (A) in rules 2 of the Rules framed under the Resolution dated 18.8.58 provides that reward or rewards shall not exceed half of the realised value of confiscated goods plus half of the penalty or fine realised, etc. Clause (B) provides for granting reward or re......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. ......mental in detecting and bringing to notice infringement and evasions of the provisions of the statutes mentioned therein. Rewards as contemplated under the Rules are payable in appreciation of the service rendered either by an officer of the Customs or a private person in the detection of import..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. ......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)
....rtation of the raw materials against the sale-tax payable on the finished products section 27(i) of the Sales-tax Act reads as under:- "27.—(1) Where partly manufactured goods are purchased by a licensed manufacturer and tax has been paid on those goods OB importat......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. ..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. ......that time did not require that retirements could be ordered only in public interest. Now that these retirements are deemed to have been made in public interest the Government may show us from their record that there were materials showing that these orders were made in public interest, particularl...... Khan was acting as Deputy Director, Civil Aviation, Government of Bangladesh at the relevant time. By an order dated 16 June, 1978 the Government, in the Ministry of Civil Aviation, retired him from service on completion of 25 years of service under section 9 (2) of the Public Servants (Retirement;..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. ......;nal. The Appellate Tribunal's power to ''set aside" and "vary" the judgment of the Special Tribunal includes the power to write its judgment on consideration of the evidence on record. Such power is concomitant with the power to set aside the judgment. In my opinion the ......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. ..Category: Criminal Law | Date: | Hits: 40
Bangladesh Vs. Md. Misfor Ali and others, 1982, 11 CLC (AD)
....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. ......ch person remove such person from service without assigning any reason thereof". The provisions of the statute are wide enough to attract a case of the nature as disclosed from the record. II is for the authority concerned to decide whether a particular Government servant is not...... Ruhul Islam J.—This appeal by special leave arises from the judgment 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..Category: Employment/Service Law | Date: | Hits: 92
....found that the Deputy Commissioner's finding regarding want of particulars of customers in the cash memos was correct; and that it was also correct that the assessee did net keep any stock tally of goods. On these findings the Appellate Joint Commissioner reduced Tk. 32,121/- to Tk. 27,750/- and......e total sale and the gross profit or for that matter of the Appellate Joint Commissioner of Taxes modifying the orders, cannot be assailed on any such ground…………(16)
Assessing office when records the assesse’s system of accounting does not show true income he can put his own estimate o......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)
....ules as an offence. There” misconduct" has been stated to be one of the offences for which a government servant may be punished. "Misconduct" means conduct prejudicial to good order or service discipline or unbecoming an officer or gentleman "Disobedience" as ......hy;trical Division-1 Dacca has, therefore, rendered himself liable for disciplinary action for his procrastination in respect of submission estimates'. The Secretary, therefore, has gone beyond the record in suggesting that the omission on the part of the respondent has caused pecuniary loss to ......o forward a copy of administrative approval of the proposed construction. Exception was taken for such step and a departmental proceeding was drawn up as to why he should not be dismissed from service or otherwise suitably punished for inefficiency and misconduct within the meani..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. ......ther asserted that the transaction between the plaintiff and Jaynab. Bibi is collusive and this had been brought into being after Jainab Bibi lost her objection case in getting the land recorded in her name on contest. 5. The plaintiff pressed his case with regard to C.S. plot ...... 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. ..Category: Property Law | Date: | Hits: 47
Commissioner of Income Tax Vs. Chowdhury Ramzan Ali and another, 1982, 11 CLC (AD)
....rought in any Civil Court to set aside or modify any assessment made under this Act, and no prosecution, suit or other proceeding shall lie against any officer of the government for anything in good faith done or intended to be done under this Act." 8. In the case of Raleigh ......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. ......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. ..Category: Fiscal/Taxation Law | Date: | Hits: 85
Hajee Khabiruddin Ahmed Vs. Md. Salam Kabir, 1982, 11 CLC (AD)
....oney order which was also refused by the appellant. Since then he has been depositing the rent with the House Rent Controller. It was further stated by him that the suit premises was in a perfectly good condition, the plea of reconstruction by demolishing the frontal portion of the building was ......ter the lapse of a reasonable time. For the reason stated above, the appeal is allowed with costs. The judgment of the High Court Division is set aside and that of the trial court restored. Ed. ......nsfer of Property Act was served upon the respondent on April 3, 1974. Yet, as it was not issued in time, a fresh notice was issued through the appellant's Advocate under registered post. Despite the service of notice upon the respondent whereby the tenancy was determined with the expiry of the mo..Category: Tenancy Law | Date: | Hits: 67
Rokeya Khatun Vs. Alijan @ Alijan Bepari and ors., 1982, 11 CLC (AD)
....ud, coercion, undue influence, etc.' or on the allegation of bad faith. The rule of law has been codified in section 111 of the Evidence Act, which provides that where there is a question as to the good faith of a transaction between the parties, one of whom stands to the other in a position of ......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. ......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. ..Category: Property Law | Date: | Hits: 57
....ute, University Ordinance, or Regulation made thereunder, shall be called in question in any Court and no suit, or prosecution or other legal proceeding shall lie against any person for anything in good faith done or intended to be done under this Ordinance or any statute, University Ordinance o......e sheet shall be read out and explained to him by the Head of the Office or Department or an officer delegate for the purpose not below the rank of a subordinate administrative officer, who shall record the statement of the delinquent.
(b) The charge-sheet with the explanation furnished by ......ho is an Overseer in the employment of the appellant University filed O. C. Suit No 185 of 1968 in the First Court of Munsiff Sadar, Mymensingh, for a declaration that the order of his dismissal from service on October 30, 1968 was illegal, void and without jurisdiction. It was stated by him that he..
Category: Employment/Service Law | Date: | Hits: 109
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