Search Options
Judgment Advanced Search
Displaying 6321-6340 of 7133 results.
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. ......Judge of the High Court by his judgment dated June 10, 1977 set aside order of the S.C.C. Judge and directed the trial Court to accept the security bond and to proceed with the Miscellaneous Case according to law. 4. It has been argued by the learned Advocate appearing for the appellant that...... Vs. Nitya Gopal Shaha ……………………….Respondent Judgment July 15, 1980. Result: The appeal is dismissed. 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 applica......High Court by his judgment dated June 10, 1977 set aside order of the S.C.C. Judge and directed the trial Court to accept the security bond and to proceed with the Miscellaneous Case according to law. 4. It has been argued by the learned Advocate appearing for the appellant that the requirem..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. ......otary public, or of a Bangladesh Consul or diplomatic agent, that the copy is duly certified by the Officer having the legal custody of the original, and upon proof of the character of the document according to the law of the foreign country. 10. We may now take the salient provisions of the ......Lawyers Involved: M.G. Rabbani, Advocate, instructed by B.C.Panday, Advocate-on-Record.—For the Appellants. S.M. Huq, Advocate-on-Rccord.—For the Respondents 3-7 and 9-11. K.A. Bakr, Attorney-General, instructed by B.Hossain, Advocate-on-Record.—Under Rule 1, Order XLV S.C. (A.D.) R......ment and Decree dated 19.3.76 passed by the High Court Division in S. A. No. 973.) Judgment Kemaluddin Hossian CJ.- This appeal is by the heirs of the original plaintiff and the question of law involved is of some public importance in that, whether a power of attorney executed in India and..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. ......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. ......f the High 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 th...... section (2) it to have all the co-sharer tenants or all the tenants holding lands contiguous to the land transferred, before the Court for proper and complete adjudication in accordance with law. A co-sharer tenant or tenants holding land contiguous to the land transferred may waive his ri..Category: Property Law | Date: | Hits: 73
Khadomul Islam Chowdhury Vs. Bangladesh and others, 1981, 10 CLC (AD)
.... notices in time, and if so, had they sufficient cause in failing to appear at the time of hearing and present their case and had they succeeded in making out a case for review, so that the ends of justice demanded re-hearing of the Writ petition, and in so doing the earlier judgment and order cou......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. ......s Judgment July 21, 1980. Lawyers Involved: Khandker Mahbubuddin Ahmed, Advocate instructed by Md. Shafiqur Rahman, Advocate-on- Record—For the Appellant. Abdus Sobhan, Additional Attorney General, with Matiur Rahman, Assistant Attorney General, instructed by M.R. Khan, Advocate-on...... Appeal No. 173 of 1979. From the Judgment and Order dated 1-8-79 passed by the High Court Division in Writ Petition No. 835 of 1979. Judgment K. Hossain CJ.- In this appeal a question of law of some public importance it involved namely, whenever the High Court Division, in the exercise ..Category: Constitutional Law | Date: | Hits: 160
Shamuj Ali and other Vs. Kamalarma Bibi and others, 1980, 9 CLC (AD)
....suitors. Execution will be issued as a matter of course; but in cases of the code, restitution is not a matter of course but depends upon the discretion of the court and will be ordered only when the justice of the case calls for it. The jurisdiction as to restitution bears only a superficial rese......hereof as has been varied or reversed. Nor indeed does this duty or jurisdiction arise merely under the said section. It is inherent in the general Jurisdiction of the Court to act rightly and fairly according to the circumstances towards all parties involved." 16. This decision also does not ap.............................Appellants Vs. Kamalarma Bibi and others …………………...Respondent Judgment November 26, 1980. Result: The appeal is dismissed. Case Referred to- Parmethwar Singh A.I.R, 1934 All. 626; Saraj Bhushan A.I.R. 1932 Cal 308; Hari Mohan Dalal, ......icularly the following cases: Parmeshwar Singh vs. Sitaldin Dube AIR 1934 All 626; F.B Saraj Bhushan vs. Dtvendranath, AIR 1932 Cal 30; Hari Mohan Dala vs. Parmeshwar Shau, AIR 1928 Cal 646, Khwaja Allawali Vs. Kesarimal AIR 1947 Nag. 239; Bal kukund Marwari vs. Basata Kumari Dasi, AIR I925; part 1...Category: Procedural Law | Date: | Hits: 111
Ful Chand Das and others Vs. Mohammad Hammad and others, 1982, 11 CLC (AD)
....-consideration of material points in the evidence. It is, therefore, to be seen whether the impugned finding is of such a nature as to justify our interference at this stage in the interest of justice. 56. The sale-deed in question (Ext. B) consists of about fifty pages containing ......ir absence; and that the same would be necessary to enable them getting land and settle in India. The plaintiffs were at that time in such state of mind that they readily agreed to his proposal and according to his instruction delivered to him their title deeds together with blank stamp papers a.....................Appellants Vs. Mohammad Hammad and others……………… Respondents Judgment March 23, 1982. Case Referred to- Mohandra Lal Jaini vs. State of Uttar Pradesh AIR 1963 (SC) 1019. Lawyers Inv......o considerations. Firstly, sections 4 and 6 of East Pakistan Ordinance No.1 of 1964 having been declared void in Chittaranjan Sutar's case, the said provisions not being in existence in the eye of law the impugned kabala in favour of defendant No.2 never lost its legal validity on account of Non..Category: Property Law | Date: | Hits: 75
Sultan Ahmed, Advocate and others Vs. Haji Sultan Ahmed and others, 1982, 11 CLC (AD)
....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. ......d Magistrate by an order dated 20.7.74 treated the application as one under section 145 of the Code since there was a dispute over possession of a land likely to cause breach of the peace, and accordingly drew a proceeding thereunder. In due course second party-appellants appeared before th......sp; 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 Criminal Proced......; 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)
....8-58 by itself presumes a quasi judicial proceeding by an administrative tribunal 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." Accordin...... as per London market, the average market price being at the rate of taka 2,300/- per 100 tolas of silver. The quoted value of seized gold and silver in the writ petition was much inflated and not according to current market price in 1975. However, the respondent was granted advance reward ......p;………………………......... Respondent Judgment February 25, 1982. Lawyers Involved: A Wadud Bhuiyan, Deputy Attorney General, B. Hossain, Assistant Attorney General, instructed by Abdul Wadud Mian, Advoca...... 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)
....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. ......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. 2. Thereafter, the Department preferred appeal before the Appellate Tribunal ag......me Tax Act. The assessee-appellant is a Company incorporated outside Bangladesh but carries on business in Bangladesh through local Agents. It is Shipping Company and it plies ships from and to ports in Bangladesh. During the assessment year 1968-69 the Assessee Company claimed depreciati......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)
....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. ......; Ruhul Islam J.-This appeal by special leave arises from a decision of the High Court Division on an application under section 17(2) of the Sales-tax Act, 1951 raising the question as to whether the assessee is entitled to claim adjustment on refund of the sales- tax paid by him at ......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)
.... 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. ......relating to interpretation of certain as tides of the Constitution are involved in these cases we invited Mr. S.R. Pal, and Syed Ishtiaq Ahmed, learned Advocates, to assist us as amicus curiae. They, accordingly, appeared and made submissions regarding interpretation of the relevant laws, particul......S.S. & Wag Ld. AIR 1970 (SC) 1292; Farzand Ali V West Pakistan (1970) 22 DLR (SC) 208; Sai Md. vs. W st Pakistan PLR (1958)(SC) 181; Millner V. Raita Commonwealth Law Report Vol 66(1942-43): Basanto Co. Ghosh vs. Emperor AIR 1944 (P.C.) 36. Lawyers Involved: Shaukat Ali Khan, Advocate ......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)
....t is a perverse judgment, the State or the person aggrieved will have no remedy against such an illegal order of acquittal, and consequently the accused will go, unpunished, occasioning failure of justice. So, considering the question by applying any of the tests indicate above, I have no doubt ......Tribunal by the judgment and order dated June 10, 1978 acquitted all the accused persons from the charge on the ground that the 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 Tribun......58. Lawyers Involved: Shaukat Ali Khan, Advocate, instructed by A. Basel Majumder, Advocate on Record—For the Appellants. Md. Moksudur Rahman, Deputy Attorney General, instructed by B. Hossain, Advocate on Record—For the Respondents. ......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)
....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. ......gned order of removal of the respondents from service under President's Order No. 9 of 1972 without any lawful authority and of no legal effect. 5. The judgment under appeal shows that according to the learned Judges when the respondents were exonerated from the charges of crimi......;……………………………Respondents Judgment March 18, 1982. Lawyers Involved: Matiur Rahman, Assistant Attorney-General, instructed by M.R. Khan, Advocate-on-Record, —For the Appellants. Moin......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
....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.
......hould be added towards reconstruction of the disclosed sales for adopting gross profit at 10% and thereby addition of Tk. 32,121/- by the Deputy Commissioner of Taxes was replaced by Tk. 27,750/- and accordingly the assessment was modified.
6. There being valid ground for rejecting trading accou......come Tax Act, 1922 (IX of 1922), sections 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 cas......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)
....reme punishment of dismissal should be imposed upon the respondent. The Public Service Commission gave advice that dismissal would be harsh and opined that censure would meet the ends of justice in this case. The Secretary to the Ministry concerned, however, took the view that the......h was sought for from the Superintending Engineer. The Government not being satisfied with this explanation appointed the Deputy Chief Engineer to inquire into the matter. An inquiry was accordingly held on the conclusion of which the Inquiry Officer submitted a report holding the resp......p;..Respondent Judgment March 4, 1982. Case Referred To- M.A. Hai vs. Trading Corporation (1980) 32 DLR (AD) 46. Lawyers Involved: A.W Bhuiyan, Deputy Attorney-General, instructed by B. Hossain, Advocate-on-Record—For the Appellants. Syed ...... 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)
....g 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 in the case of judgment of reversal, justice demands a consideration of the materials which led to the reversal of the trial court judgm...... 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. ......te court dismissed the suit on reversing the judgment and decree of the trial Court. His second Appeal was dismissed summarily by a learned Single Judge of the High Court. Leave was granted to consider whether the High Court Division was correct in summary dismissal of the appeal when it......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)
....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. ......uthority and every other artificial judicial person." Section 3 of the said Act, the charging section, provides "that income tax shall be changed for any year at any rate or rates according to the provisions of the Finance Act in respect of total income of the previous year of e...... 2. The Income Tax Officer, Companies Circle, made an assessment u/s. 23 of the Income Tax Act for the year 1962-63 demanding Rs. 11,98,326/- as tax from the Official Liquidator, Dacca Electricity Development Company under liquidation. The Commissioner of Income Tax ......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)
....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. ......h the seal has been denied but it may be difficult for us, in the absence of any evidence, to held that the seal and the signature on Exhibit 6 were manufactured by the plaintiff” 8. It was accordingly held that the appellant failed to prove the service of notice according to law. Leav......thereof. The respondent was a monthly tenant under a deed of agreement dated 1st May, 1968, rent was fixed at Tk 851/- per month payable by the 7th day of the next month. A sum of Tk. 2000/- was paid to the appellant as security deposit to be refunded to the respondent on the expiry of the lease whi......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. ......hereunder immediately reverts back to the ownership of Meher Afzan Bibi. But she being dead it reverts back to her heirs, namely, respondent No. 2 Mahtabuddin and the appellant Rokeya Khatoon according to their respective shares. Mahtabuddin cannot get the benefit of the result of the decla......cancelling a deed of perpetual lease coupled with a sale deed, executed by the mother Meher Afzan Bibi in favour of her younger son respondent No. 2. Mahtabuddin Miah, Leave was granted to examine the question whether the learned Judge of the High Court Division was correct in holdin......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
....ce against the increased number. There might have been some legitimate scopes for grievance if the number of the inquiry officer went below the number provided for in the Statute. More and not less justice it expected when an Inquiry Committee is seen to consist of a greater number of persons. The......vision for constitution of an Inquiry Committee for investigating into the charge of misconduct. There is mention of constituting an Inquiry Committee in Statute 5(1) (c) which could only be set up according to Statute 5(2). Such Inquiry Committee can, however, be set up for inquiring into any c......seer 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 was employed......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
15471546154515441543154215401539153815371536153515341533153115301529152815271525