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Abu Bakkar Vs. Nazir Ahmed, 1982, 11 CLC (AD)
....sion are set aside and those of the lower appellate court are restored. The respondent shall pay costs of the appeal to the appellant. Ed. This Case is also Reported in: 34 DLR (AD)(1982) 237. ......ed on proper consideration of the evidence on record and that the question of limitation has been erroneously decided by the High Court Division. The registered Instrument. Exhibit "A" is a sale deed according to the defendant, but it is a Kot-mortgage according to the plaintiff. The learned Subordi......m period of limitation of mortgage under section 95 of the State Acquisition Act 1950 was 15 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 provisi......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)
.... (4) The Chief Martial Law Administrator may, on review, set aside vary or modify any order, judgment or sentence or make orders for retrial of such other orders as he deems necessary for the ends of justice. (5) A Zonal Martial Law Administrator may, on review, set aside, vary or modify any order, ......luding the Chairman, from the Army and of his own choice and the Chief Martial Law Administrator himself would review the judgment of such a Court. 9. That when the machinery was, thus, organised according to the choice of they then Chief Martial Law Administrator, three cases, i.e. Martial Law ......gladesh through the Secretary, Ministry of Home Affairs……….. Respondent (In both the appeals). Judgment November 17, 1982. Result: Both the appeals are allowed. Cases Referred to- (1978) 30 DLR(AD)207; (1980) 32 DLR (AD) 216; Kh Ehteshamuddin Vs. Bangladesh (1981) 33 DLR ......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.......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.........Respondent Judgment March 17, 1982. Result: The Appeal is allowed. The State Acquisition and Tenancy Act, 1950 (Act XXVIII of 1951) Section 96. A case for pre-emption filed prior to completion of registration under section 60 of the Registration Act, such pre-maturity can be cur......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)
....e learned Attorney-General are found unacceptable, not because it lack reasons but such reason has no support in law. The appeal is dismissed. No order as to costs. Ed. ......e learned Attorney-General are found unacceptable, not because it lack reasons but such reason has no support in law. The appeal is dismissed. No order as to costs. Ed. ......Court, High Court Division, Supreme Court Building, Dacca …………….. Respondents Judgment Feb. 23, 1982. Lawyers Involved: K. A. Bakr, Attorney-General with A. W. Bhuiyan Deputy Attorney-General, instructed by M R. Khan, Advocate-on-Rec......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)
.... order in a pre-emption case, still restitution may be available under section 151 of the Code in exercise of the inherent power of the court to pass any order at its discretion to meet the ends of justice. In support of these contentions he has referred to a number of cases mainly of Indian Juri......trict Judge. The learned Subordinate Judge who heard the appeal, took the view that provision for restitution under section 144 of the Code is applicable to an order in a pre-emption case and accordingly allowed the appeal as well as the application under section 144 and ordered that posses......n 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 'Code', is applicable to an order in a pre-emption case under section 96 of the State Acquisition and Tenancy Act, 1950. ......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)
....ial and sufficient reasons to be recorded in writing, and be waived by the officer conducting the enquiry where there is a difficulty in observing them and. where such clauses can be waived without injustice to the person charged. Clause (k) provides that an order of punishment passed on the a......ing of the Ordinance as a whole indicates that the Ordinance has first selected a class of police officers to be dealt with under this Ordinance. This Ordinance only deals with trials and punishments according to the procedure prescribed thereunder by the authorities who are some specified offic......9). And Bangladesh & others…...Appellants Vs. Dhirendra Nath Sarkar ……………………………………Respondents (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 Cou......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
General Manager Jamuna Oil Company Ltd. Vs. Golap Rahman & another, 1982, 11 CLC (AD)
....dinance shows that the Court itself either cannot compel the attendance of such member or extract his advice. For the reasons stated above, the appeal is dismissed with costs. Ed. ......dinance shows that the Court itself either cannot compel the attendance of such member or extract his advice. For the reasons stated above, the appeal is dismissed with costs. Ed. ......Vs. Golap Rahman & another….......................... Respondent Judgment June 15, 1981. Cases Referred To- National Bank of Pakistan vs Md. Golam Mostofa, (1975) 27 DLR 158; Aminul Islam vs. James Finlay, (1974) 26 DLR (SC) 33; Project-in-Charge, P......he Labour Court being unable to agree with him pronounced the judgment as it is. 9. In this connection the learned Counsel for the appellant drew our attention to the relevant provisions of law in two enactments. First, he referred to sub-section (6) of section 9 of the East Pakistan Labo..Category: Labour and Industrial Law | Date: | Hits: 97
Bangladesh Vs. Winifred Rubi & ors., 1982, 11 CLC (AD)
.... 7. In the result, therefore, this appeal is allowed. And the Judgement of the High Court Division are set aside and the writ petition is dismissed. There will be no order as to cost. Ed. ......rder of requisition in such circumstances. As for the other circumstances, namely, whether the school fees are very much on the high side and whether the school is imparting correct education according to syllabus, etc. these are essentially within the domain of the School Board authority a......ors………………………………..Respondents Judgment Feb. 24, 1982. Lawyers Involved: K. A, Bakr, Attorney General, A.W. Bhuiyan, Deputy Attorney General, with him, instructed by B. Hossain, Advocate...... the decision of the High Court Division was correct and whether the requisition could be said to have been passed for public purpose. 2. "Public purpose" has not been defined. The law says that if the Deputy Commissioner is satisfied then he can requisition the premises for publ..Category: Property Law | Date: | Hits: 65
Md. Habibur Rahman & ors. Vs. Hasen Ali Mondal and others, 1982, 11 CLC (AD)
....atal so as to nullify the notification issued on February 4, 1980. The appeal is allowed. The order of the High Court Division is set aside and the Writ Petition dismissed. No costs. Ed. ......atal so as to nullify the notification issued on February 4, 1980. The appeal is allowed. The order of the High Court Division is set aside and the Writ Petition dismissed. No costs. Ed. ......…. Appellants Vs. Hasen Ali Mondal and others…………………... Respondents Judgment April 2, 1980. Case Referred to- Azizul Molla vs. Taher Ali Sarder (1980) 32 DLR (AD) 61. Lawyers Involved: ...... of respondent No. 1 from the office of the Chairman makes all the difference that must be recognised. We, therefore, find no substance in the challenge to the wrong quotation of the provisions of law and its supposed consequence. 8. The next contention veers around the absence of any rul..Category: Employment/Service Law | Date: | Hits: 100
Md. Enayet Ali Vs. Munsif of First Court at Khulna & Election Tribunal and others, 1982, 11 CLC (AD)
.... Court By the majority decision, the appeal is allowed. The orders of the Courts below are set aside and the election petition is dismissed. There will be no order as to cost. Ed. ......ent seemed 40,600 votes and the petitioner secured 40,265 votes; (b) election was vitiated on account of violation of rules 37, 38 and 39 of the Paurashava Election Rules, (c) according to rule 39 the Presiding Officer is required to seal all papers connected with the elect......e judgment of Badrul Haider Chowdhury, J. 3. Ruhul Islam J.—I have gone through the proposed judgment written by my learned brother Badrul Haider Chowdhury, J. and I find it difficult to agree with some of his reasons and the conclusions for allowing the appeal and setting as......d the majority by 335 votes and accordingly, he was declared elected. It is contended that the learned Judges did not pay any attention to the analysis of the election result. 21. Purpose of law is to elect the people representative through election process. It is the verdict of the peopl..Category: Election Law | Date: | Hits: 121
Haripada Biswas Vs. State & another, 1982, 11 CLC (AD)
....y the Code. On the contrary it has been expressly prohibited by the Code. To allow the continuation of proceeding would amount to abuse of the process of Court and for securing ends of justice, such proceeding is liable to be quashed. To hold to the contrary is to put the trial ...... the decision of the High Court Division Is set aside and the proceedings in Criminal Miscellaneous Case No. 687 of 1978 of the Court of Sessions Judge, Bakerganj are hereby quashed. Ed. ......dents Judgment Jan. 4, 1982. Lawyers Involved: Dr. Aleem-Al-Razee, Advocate instructed by Aminul Hug, Advocate-on-Record—For the Appellant. K. A. Bakr, Attorney General, Maksudur Rahman, Deputy Attorney General, instructed by A.W. Miah, Advocate-on-Rec......d be taken. Then section 193 provides in the following: "Cognizance of offenses by Courts of Sessions 1) Except as otherwise expressly provided by this Code or by any other law for the time being in force, no Court of session shall take cognizance of any offence as ..Category: Criminal Law | Date: | Hits: 61
Jamil Huq and 11 others Vs. Bangladesh and others, 1981, 10 CLC (AD)
....se fundamental aims is to realise through the democratic process a socialist society, free from exploitation—a society in which the rule of law, fundamental human rights and freedom, equality and justice, political, economic and social, will be secured for all citizens. Keeping this Proclamation......tude of the Courts whether justified by authority or not, is in favour of an abdication of controlling authority. There is accordingly I suggest a strong case for the further reform.........I would accordingly suggest that the jurisdiction of Court Martial should be statutorily confined to offen......74/81, 75/81, and 76/81) Vs. Bangladesh and others................................Respondent Judgment September 22, 1981. Result: The petitions are dismissed. Cases Referred to- Khondker Ehteshamuddin alias Iqbal vs. State (1981) 33 DLR (AD) 154; Mask & Co. 44 CWN 7...... shows that Bangladesh Constitution envisages a State, whose fundamental aims is to realise through the democratic process a socialist society, free from exploitation—a society in which the rule of law, fundamental human rights and freedom, equality and justice, political, economic and social, w..Category: Constitutional Law | Date: | Hits: 327
Al-Sayar Navigation Co. Vs. Delta International Traders Ltd. and ors., 1982, 11 CLC (AD)
....plaintiff is assessed at Tk. 7,36,040/- and the decree is passed accordingly. Civil Appeal No. 38 of 1981 is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: ......metric tons of salt "white, clean, dry, common, edible fine/ fully crushed salt in bulk." It was agreed that the shipment must be made by 31st December, 1977 and the plaintiff opened letter of credit accordingly. Salt was loaded in the vessel at Hodeidah port in North Yemen and the bill of lading wa......as M. V. Al-Sayer and others……….Respondents Judgment June 25, 1981. Result: Civil Appeal No. 15 of 1981 is allowed. Civil Appeal No. 38 of 1981 is dismissed. Cases Referred to- The St. Cloud (1863 LR 2 A & E 269); Napotor (LR 2 A & E 375); North Port Code Vs. Ow...... in a ship." 14. Thus the jurisdiction was enlarged and all that is required is that the claim must arise out of an agreement of carriage of goods. It is evident there has been a sea change in the law since 1861. In 1861 Act the words 'damage done to the goods' occupied a central place and the ..Category: Admiralty Law or Maritime Law | Date: | Hits: 264
Commissioner of Taxes, Ctg Zone, Ctg Vs. M/s Free School Street Properties, Ltd, 1982, 11 CLC (AD)
.... the activities of the assessee was business or trading. Therefore, rule 8 (9) is applicable. In the result, therefore, this appeal is dismissed without any order as to cost. Ed. ......e profit and loss account, (ii) The liabilities shown in the balance sheet shall be carefully scrutinised so as to exclude every item which is not a liability proper. (iii) If according to the accounting system followed by the assessee, the original value of the block ......Company is engaged in the business of acquiring houses and letting them out on monthly rental for the purpose of earning profit upon which the company declared dividend and distributed it to its share holders. The High Court Division took the view that it is a kind of trade as contempl......d that the house properties in the instant case should be valued under rule 8(9) of the Wealth Tax Rules and not under Rule 8(3)." 3. The Commissioner of Taxes raised a question of law before the High Court Division under section 27 of the Wealth Tax Act which is as under: ..Category: Fiscal/Taxation Law | Date: | Hits: 78
Ranabir Purkayastha @ Bhanu Vs. Alekjan Bibi and ors., 1982, 11 CLC (AD)
....cumstances, if there is a serious apprehension of breach of peace which is apparent from the record, the exercise of the Magistrate's jurisdiction is called for. We think that the ends of justice would be met, if the Magistrate is directed not to pass any final order regarding possessi......urt of Subordinate Judge, Second Court, Sylhet by the trial Court. The appeal is disposed of in the aforesaid terms. Ed. This Case is also Reported in: 1982 BLD (AD) 25. ......nbsp; Kemaluddin Hossain CJ.- Leave was granted at the instance of Second Party-appellant to consider whether the Magistrate was well founded in law in drawing up the proceedings under......nbsp; Kemaluddin Hossain CJ.- Leave was granted at the instance of Second Party-appellant to consider whether the Magistrate was well founded in law in drawing up the proceedings under section 145 of the Code of Criminal Procedure, when a ..Category: Criminal Law | Date: | Hits: 39
Commissioner of Income Tax, Dacca Vs. Adamjee Sons Ltd., 1982, 11 CLC (AD)
....d not separately under section 7(1) of the Wealth Tax Act. There is nothing to interfere. In the result, therefore, this appeal is dismissed without any order as to cost. Ed. ......fit and loss account. (ii) The liabilities shown in the balance sheet shall be carefully scrutinised so as to exclude every item which is not a liability proper, (iii) If according to the accounting system followed by the assessee the original value of the block (......s appeal by special leave is directed against the judgment and order of the High Court Division in an application under section 27 (1) of the Wealth Tax Act, 1972. The respondent was assessed to Wealth Tax by the Wealth Tax Officer, Companies Circle (I), Dacca for the assessment year 1963/6......shy;cers and resulting in unnecessary and protracted litigations. Under the amended provisions the valuation of assets is to be made as prescribed under the Rules which have the force of law. Section 7 lays down the method of valuation of an asset for the purpose of computa&..Category: Fiscal/Taxation Law | Date: | Hits: 73
Commissioner of Income Tax Vs. Mrs. Masuda Khatun, 1982, 11 CLC (AD)
....e the exemption illusory. Accordingly, the answer to the question framed must be in the affirmative. The appeals are, therefore, dismissed without any order as to costs. Ed. ......e the exemption illusory. Accordingly, the answer to the question framed must be in the affirmative. The appeals are, therefore, dismissed without any order as to costs. Ed. ......Darbhanga AIR 1935 (PC) 172; Nawab Habibullah V. Com. of I. T, Bengal AIR 1943 (PC) 20; Md. Isa V. Com. I. T. C & U, Prov. AIR 1942 (All) 194; I. T. Com Vs. EVH. Miller PLD 1956 (Lah) 45; Hamilton Vs Commissioner, Inland Revenue '6 Tax Cases 221; Cape Brandy Syndicate vs. I.R. (1921) 1KB 54;......udgment passed by the High Court holding that the dividend in the hand of an assessee is exempt from tax under section 15-BB of the Income Tax Act on giving an affirmative answer to the question of law which was framed as under: “Whether on the facts and in the circumstances o..Category: Fiscal/Taxation Law | Date: | Hits: 75
Ramesh Chandra Dutta Vs. Nimai Kumar Dutta and ors, 1982, 11 CLC (AD)
....ers had any independent income to acquire, the presumption of jointness is not reversed. That being the position we do not find any merit in this review petition, which is dismissed. Ed. ......ers had any independent income to acquire, the presumption of jointness is not reversed. That being the position we do not find any merit in this review petition, which is dismissed. Ed. ......r Dutta and ors……………………………………Respondents Judgment Nov. 19, 1981. Case Referred to- Randhi Appalaswami vs. Randhi Surjanarayanmurti, 52 C.W.N. (P. C.) 505. Lawyers ......ng in support of the review petition submitted that this Division while following the case of Randhi Appalaswami vs. Randhi Surjanarayanmurti, 52 C, W. N. (P. C.) 505, has stated the proposition of law relating to proof of joint family property in a way which requires a review. It is to be obser..Category: Property Law | Date: | Hits: 65
Nurjahan Begum, wife of Mahmudur Rahman Vs. Mahmudur Rahman Mullick , 1982, 11 CLC (AD)
....y applied to the facts of this case by either the learned Subordinate Judge or the learned Judges of the High Court Division. In the absence of proper application of the law of benami the course of justice has been misdirected, and because of this, notwithstanding the concurrent finding of f......uced the counterfoils of the cheques to show that it was he who drew the cheques. He also produced counterfoils of another cheque of Rs 1,471/-Issued in favour of the vendor Md. Nasiruddin, which, according to the plaintiff, was paid towards the cost of the kabala. The plaintiff also produc......ives:- Musammat Nurjahan Begum, first Wife already on record as Defendant-appellant and others ......... ...... ........Respondent Judgment March 30, 1981. Case Referred to- Kanakarathanammal V.S. Loganatha Mudallar, AIR 1P65 S.C 271; Musammat Bilas Kunwar vs. D......entire property of schedule 'A' but on the request of the plaintiff and his two brothers, she agreed to take half share of the property with a view to providing accommodation to her father-in-law's family at Dacca, and as such the exchange document was made in her favour to the extent of 8 ..Category: Property Law | Date: | Hits: 448
Habibur Rahman Vs. The State, 1982, 11 CLC (AD)
....retrial is set aside and the order of the Special Tribunal dated 1-8-1975, allowing the withdrawal is restored. Consequently the petitioner stands acquitted under section 494 Cr.P.C. Ed. ......retrial is set aside and the order of the Special Tribunal dated 1-8-1975, allowing the withdrawal is restored. Consequently the petitioner stands acquitted under section 494 Cr.P.C. Ed. ......both the appeals) Judgment June 15. 1981. Lawyers Involved: Aminul Huq, Advocate on Record -For the Appellant (in both the appeals) Md. Moksudor Rahman, Deputy Attorney General, instructed by B. Hossain, Advocate on Record.—For the Respondent (in both the......inal Courts and Special Tribunals. Regulations 7B reads as under:— "7B. Fresh trial of withdrawn cases.— Notwithstanding anything contained in the Code or in any other law for the time being in force any case which was withdrawn at any time before the commencement ..Category: Criminal Law | Date: | Hits: 46
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