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Hasan Imam Chowdhury Vs. Govt. of Bangladesh and others, 1981, 10 CLC (AD)
....ion is pregnant with any new issue which requires adjudication in separate proceedings. In this view of the matter, the appeal is dismissed without any order as to costs. Ed. ......he Government of Bangladesh has not challenged tube impugned direction, but it is the appellant at whose instance writ was issued by the High Court Division who has challenged the direction in question. Mr. Ahmad Sobhan referred to Article 102 of the Constitution and canvassed that such...... on general principles a person cannot be allowed to reap double benefit. This decision in the case of Pakistan vs. A. B. Isaac (1970) 22 D.L.R (SC) 371 has no manner of application because in the facts and circumstances of the present case no such foundation was laid by any of the parties clai..Category: Employment/Service Law | Date: | Hits: 101
Md. Matlabur Rahman & ors Vs. Madan Meah Chowdhury, 1981, 10 CLC (AD)
....h Court Division. In the result, the appeal is dismissed with costs. Order of the Court In view of the decision of the majority the appeal is allowed with costs. Ed. ......s institution and the Khadem, the respondent, is such a person, so he could be substituted in place of the deceased plaintiff. 8. The contention of Mr.M.H. Khondker is begging the whole question whether this property is at all dedicated and whether it is a religious institution and wh......resentative character and not in his private capacity and in the absence of the plaintiff the respondent, as Khadem, would continue the suit. 5. Leave was granted to consider whether in the facts and circumstances of the case the respondent, as a Khadem, could be substituted under Or..Category: Civil Law | Date: | Hits: 91
Amanullah Bhuiyan and others Vs. Abdul Hafiz and ors, 1981, 10 CLC (AD)
....m the date the decree is drawn and signed or it becomes executable. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 1981 BLD (AD) 210. ......sed by the High Court Division in S.M.A. No. 6 of 1970.) Judgment Shahabuddin Ahmed J. - The question raised in this appeal by special leave is whether the period of limitation under Article 1......m the date the decree is drawn and signed or it becomes executable. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 1981 BLD (AD) 210. ..Category: Procedural Law | Date: | Hits: 106
Commissioner of Taxes & another Vs. M/s. Mullick Brothers, 1981, 10 CLC (AD)
....rom want of legal authority. In the result, therefore, this review application is allowed and the appeal is dismissed without any order as to costs. Ed. This Case is also Referred in: ......t of the Government of Bangladesh." This Division took the view: "The imposition of the impugned tax was totally unauthorized and lacked legal foundation. It created no liability and so the question of debt does not arise," 2. In this view of the matter, the demand notices were declare......e income tax authorities find that such returns have been filed correctly these would be accepted accordingly. (b) If in the light of the wealth statements, personal expenses and other relevant facts, the returns/revised returns or the consolidated statement are not found acceptable by the Dep..Category: Fiscal/Taxation Law | Date: | Hits: 98
Md. Abdul Jalil Vs. Durjan Ali alias Siddique Hossain and others, 1981, 10 CLC (AD)
....re-emption. In the result, the appeal is allowed with costs. The Judgment and order of the High Court Division is set aside and that of the lower appellate court is restored. Ed. ......-sharers" were not necessary parties as they got no subsisting interests in the land transferred and as such the defect of parties was not fatal to the proceeding. 3. In this appeal the question raised is whether in the light of the decision in Motilal Sikdar's case as clarified by a...... holding and all he tenants holding lands contiguous to the land transferred and the transferee shall be made parties." 5. interpreting section 96(2) in the background of facts of the former case namely, Motilal Sikder vs. Benodini Dasi. This Division held: ..Category: Property Law | Date: | Hits: 43
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. ......allowing addition of parties to a probate proceeding under section 283(1) (c) of the Succession Act, 1925, read with Order 1 rule 10 of the Code of Civil Procedure. 2. The probate proceeding in question was instituted on June 25, 1974 by Sreemati Charubala Sen Gupta before the District Judge, ......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. ..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. ...... regards the constitutionality of the section aforesaid. I like to adhere to the wall-established self-set rule which says, the Court will not declare a law unconstitutional, if the case in which the question is raised can be properly disposed of in some other way. I, therefore, refrain from strikin...... notification on various grounds by filing a Writ Petition under Article 102 of the Constitution alleging, inter alia, mala fide in the Government in causing his premature retirement. 7. Some facts which appear in the petition may seem to be relevant for deciding the legality or otherwise of..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: ......t Petition No. 471 of 1979 and 178 of 1979 and 178 of 1978 respectively.) Judgment: Fazle Munim J.- These two appeals, namely, Civil Appeal Not. 196 of 1979 and 65 of 1980 Involved in a common question of law, they were heard analogously and this judgment will govern both the two appeals. ......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: ..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. ......of a person can be scrutinized in the light of the principles of natural justice. The principles are not embodied written rules and what principle shall apply to a given case is dependent upon the facts and circumstances of that case. When allegation is lodged that some principles of natural jus..Category: Others | Date: | Hits: 110
Goutam Ranjan Sen and other Vs. Bangladesh and others, 1981, 10 CLC (AD)
....rt, in that, the decision of the High Court is confirmed subject to this modification that the suit shall remain stayed so long the suit property. There will be no order as to costs. Ed. ......l, instructed by A W. Mian, Advocate-on- Record.—For the Respondents 1 & 9. Ex-prate.-Respondents 2-8. Civil Appeal No.67 of 1980 Judgment: Kemaluddin Hossain CJ.- The question Involved in this appeal is whether the learned Judges of the High Court Division were corr......lier hat arisen. 2. It is true that by the notification of 3rd December, 1965 if a property was an enemy property, all kinds of transfer including making of the will were prohibited and the facts set out which are not much in dispute clearly established that the property of Chiranjib Sen ..Category: Property Law | Date: | Hits: 39
Khandaker Ehtehshamuddin Ahmed @ Iqbal Vs. Bangladesh and others, 1980, 9 CLC (AD)
....at the order passed by this Division staying execution of the sentence to continue for further ten days from the date of this order. Ed. This Case is also Reported in: 33 DLR (AD) (1981) 154. ...... clause (6) (7) of M L.R. 4 of Marital Law Regulation No. 1 of 1975. 3. Leave was granted in the background of lifting of Martial Law by the Proclamation on April 6, 1979 to examine the following questions which were considered to be of great public importance:— "(1) Whether the proceeding......ft occipito parietal region. According to the Doctor's opinion death was due to shock and haemorrhage as a result of both the Injuries which were ante, mortem and homicidal in nature. 5. Material facts found by the Special Martial Law Court on the evidence led by the prosecution are that the vic..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. ...... avoidance of repetition I am not covering the facts of the case which have been amply given in the judgment of my lord, Mr. Justice Fazle Munim. The appeal merited consideration on the following questions: (1) Whether the respondent, who was inspector of Police, could maintain a Writ Petiti......The three-in-one set was sent to him in 1977 from London by his brother who owns a restaurant there. The TV set was presented to his children in 1975 by his mother-in-law. Documents in support of the facts stated by the respondent in his explanation were also put in. He also prayed for examination o..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. ......ements and orders dated August 13, 1979 passed by a Division Bench of the High Court Division in two separate cases, namely, Criminal Revision Nos. 94 of 1979 and 61 of 1979. Short question for our consideration in these appeals is whether the Sessions Judge reviewing the proceed......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. ..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. ......; Ruhul Islam J. - This appeal by special leave arises from the judgement of the High Court Division in Writ Petition No. 60 of 1976. Leave was granted to consider the question raised by the appellant-whether under the provisions of the President's Order No. 13 of 19......or re-hearing of the case, and as provided under the Statute, should have adjudicated and decided the case fully and finally, if necessary after taking further evidence in the matter. 2. The facts, in short, necessary for proper appreciation of the contention under consideration may b..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. ......evision No. 396 of 1970). Judgment Ruhul Islam. - This appeal by special leave arises from the judgment of the High Court dated June 10, 1977 in Civil Revision No. 396 of 1974. 2. A short question has been raised in this appeal for our consideration: whether the application for setting a...... in Rughu Nath Das vs. Pana Lal, 1910 54 PR 1910 corresponding to 6 Indian Case 945; and Shadi Lal, J. in Mukandi Lal vs. Pars Ram, (1919) 50 Indian Case 917. 8. In the case in AIR 1931 Lah. 332 facts in short are that an application was filed by the judgment-debtor for setting aside an ex part..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. ......rom the Judgment 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 ...... of Registrar of that country is produced in India, the presumption of section 85 does not arise. These two decisions are not very relevant to the question before us. 18. We now turn to the facts of the present case. It appears that the power of attorney was authenticated before a Magistra..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. ......angladesh in Civil Revision Case No. 1696 of 1968 in connection with 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 cor......igh 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 the appea..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. ...... 3. Civil 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 t......but none of the Counsels appearing for the parties challenged the power of the High Court Division to review its order made under Article 102 of the Constitution. 4. We, therefore, now turn to the facts of the case. Mr. Khandker Mahbubuddin Ahmed has much justification in saying that on 1st Augus..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: ......f 1980. (From the Judgement and order of the High Court Division dated July 24, 1979 passed in S.M.A. No. 45 of 197). Judgment Shahabuddin Ahmed J. - This appeal by special leave call in question a judgment and order of the High Court Divison dated July 24, 1979 in S.M.A. No. 45 of 1970......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)
....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. ......J. as to the result of the appeal but I do not subscribe to some of his reasonings to support the conclusion for allowing the appeal. So, I consider it necessary to give my own reasons on the questions involved in the appeal. 2. This appeal by special leave arises from a judgment of......hose of Ruhul Islam, J. and Badrul Haider Chowdhury, J. who have concluded differently In view of the concurrent findings of fact by the trial court and the High Court Division and considering the facts and circumstances of the case, I agree with the judgment of Shahabuddin, J. I think it advisa..Category: Property Law | Date: | Hits: 75
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