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Udaypur Halima Darul Ulum Madrasha and others Vs. Bangladesh, 1981, 10 CLC (AD)
....for each ear as the Government considered proper". With these observations the Writ petition was dismissed. 3. Leave was granted to examine as to whether in view of the undisputed facts the application for lease for the year 1380 B.S. by the appellant has been correctly rejected...... ......ust succeed. Therefore, the appeal is allowed and the order of the High Court Division is set aside. Let the Government proceed in accordance with law. We make no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 93
Jamal Soap Factory, Narayanganj Vs. Commissioner of Income Tax, Dacca Zone, Dacca, 1980, 9 CLC (AD)
....o. 2 of 1969 made under section 66(1) of the Income-Tax Act by the Income Tax Appellate Tribunal. The Tribunal asked the opinion of the High Court by framing to following question: "Whether in the facts and peculiar circumstances of the present case, the Tribunal was justified is not interferin......Advocate-on-Record—For the Appellant. Hubibul Islam Bhuiyan, Advocate, instructed by Sajjadul Haq, Advocate-on-Record—For the Respondent. Civil Appeal No. 120 of 1978 (From the judgment and order dated April 3, 1975 passed by the High Court Division in Income-tax Reference Case No. 2 o......ates to the income for the period 1365 B.S. suffers from want of jurisdiction. In the result, the appeal is allowed and the question is answered in the negative. We make no order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 78
S.M. Quddus & ors Vs. Chairman, Labour Court, Ctg. & anr, 1981, 10 CLC (AD)
.... provides, in our opinion, sufficient justification for granting termination benefits instead of reinstatement. In that view of the matter, the petitions are dismissed. Ed. ...... the petitions). Not represented—Respondent No. 1 (in all the petitions.) Civil Petition for special leave to appeal Nos. 58 to 60 of 1980. (On appeal from the judgment and order dated 6-6-79 passed by the High Court Division in Writ Petition Nos. 993, 994 and 995 of ...... employer dismissed the petitioners from their service. Against the order of dismissal the petitioners separately filed complaint case before the Labour Court, The Labour Court found that the evidence on record was not sufficient to warrant the order of dismissal, and set aside the order of..Category: Labour and Industrial Law | Date: | Hits: 110
Siddique Ahmed Chowdhury & others Vs. Gani Ahmed and others, 1979, 8 CLC (AD)
....extended to any other person other than the transferor or the executants, who is herself a pardanashin lady…………..(26) In the present case independent advice was not at all necessary in the facts and circumstances of the case as because the donor was making a gift in favour of her deceased...... Appellate Division (Civil) Present: Kemaluddin Hossain CJ Ruhul Islam J KM Subhan J Siddique Ahmed Chowdhury & others….....………Appellants Vs. Gani Ahmed and others …………………………..Respondents Judgment. July 18, 1979. The Moha......isinterested advice. The trial Court held, that the grandsons (defendants 1 and 2) carried burden of proving that the lady got independent advice before the transaction, and they failed to call any evidence to discharge this onus of proof. On fact, the trial Court held that the grandsons obtained ..Category: Property Law | Date: | Hits: 53
Abdul Jabbar Khan @ Jabbar Khan & ors Vs. State and another, 1980, 9 CLC (AD)
....r Section 190 Cr.P.C. can, after he gets seisin by transfer of a case, try the accused persons for an offence other than the one of which cognizance was taken before transfer arising out of the facts stated, if he finds in course of the trial that such an offence has been committed and that ......llate Division (Criminal) Present: Kemaluddin Hossain, C J. Ruhul Islam, J., Badrul Haider Chowdhury, J. Abdul Jabbar Khan @ Jabbar Khan & ors ……..Appellants. Vs. State and another.......................................... Respondents Judgment January 24, 1980. ......istrate has been given the power for using discretion whether to proceed by way of issuing processes or not by the Court…………(18) The transferee trying Magistrate who has already recorded evidence of few witnesses is authorized to issue process against the accuseds not sent up in the cha..Category: Criminal Law | Date: | Hits: 60
Bangladesh Vs. Hail Abdul Gani Biswas and others, 1980, 9 CLC (AD)
....ion of the High Court Division set aside and remitted back to the High Court Division for disposal. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 233 ...... F. K. M. A Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Bangladesh………………………… Appellant in all the appeals Vs. Hail Abdul Gani Biswas and others..................Respondents Judgment March 9, 1980. The State Acquisition and T......creating a complete usufructuary mortgage for exceeding 15 years or usufructuary mortgage other than complete usufructuary mortgage was also forbidden and such documents were declared inadmissible in evidence. Thus a drastic change was made by Act IV of 1928 and a new type of mortgage being "complet..Category: Property Law | Date: | Hits: 85
Belayet Hossain and another Vs. Md. Abu Taher and others, 1980, 9 CLC (AD)
....ation under section 96 of the East Bengal State Acquisition and Tenancy Act is not appealable. The question involved and the decision proposed to be given does not call for any detailed recounting of facts, except that the appellants being pre-emptees is Miscellaneous Case No. 222 of 1974 of the f......e is also Reported in: 32 DLR (AD) (1980) 231. ......side and the case is remitted back to the High Court Division for disposal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 231. ..Category: Property Law | Date: | Hits: 55
Wahid Ali and ors Vs. State, 1980, 9 CLC (AD)
....is whether the Sessions Judge acting as a Revisional Court under the Criminal Procedure Code an suo motu take cognizance under section 27(1) of the Special Powers Act as a Special Tribunal. 2. The facts are that informant Rais Ali lodged a First Information Report on 1-7-74 at the Bianibazar Pol...... is also Reported in: 32 DLR (AD) (1980) 229 ......e the orders of the High Court and that of the Sessions Judge and direct that the proceedings are to continue in accordance with law. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 229 ..Category: Criminal Law | Date: | Hits: 33
M/s. Hossain Ahmed Vs. M/s. H. D Hossain & Brothers, 1980, 9 CLC (AD)
....been any breach of the rule or regulation or any instruction having statutory force, the plaintiffs could very well ask for a decree, with the appropriate declaration but filing of a suit on the facts of this case for declaration that the acceptance of the tender of their rival was illegal is n......rul Haider Chowdhury J M/s. Hossain Ahmed represented by its proprietor Hossain Ahmed…… ...Appellant Vs. M/s. H. D Hossain & Brothers represented by its proprietor Md. Delwar Hossain and others. ….. Respondents Judgment November 28, 1979. The Specific Relief Act, 1877 (Ac...... allowed with cost and the order of the High Court Division in staying the operation of the order of the District Judge is set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 223 ..Category: Others | Date: | Hits: 94
Nasiruddin Vs. Government of the People's Republic of Bangladesh & ors, 1980, 9 CLC (AD)
....ragraph 4 of Martial Law Regulation No. VII of 1977. This order of abatement was recorded along with some other writ petitions. 2. It is to be observed that the learned Judges did hot refer to the facts involved in any one of the writ petitions before them and decided the question of the applicat...... Shahabuddin Ahmed, J Nasiruddin …....Appellant Vs. Government of the People's Republic of Bangladesh & ors………….Respondent. Judgement April 14, 1980. The Bangladesh Abandoned Property (Control, Management and Disposal) Order, 1972 (President Order No. 16 of 1972) a......t Division and remit the case back to it for decision in the light of the observation made above. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 216 ..Category: Constitutional Law | Date: | Hits: 157
Sayed Ali Vs. Sree Gopal Chandra Das and others, 1980, 9 CLC (AD)
.... Civil Appeal No. 119 of 1979. (From the Judgment & order dated 28.7.77 passed by the High Court in Civil Revision Case No. 379 of 1977). Judgment Kemaluddin Hossain CJ.- In this appeal facts are not complicated nor they require to be recounted in detail, but a short but important qu......: Kemaluddin Hossain CJ Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Sayed Ali........................................................Appellant. Vs. Sree Gopal Chandra Das and others…….....Respondents Judgment March 11, 1980. The Code of Civil Proc......ithout any order as to costs and remit the case to the Court of first instance to dispose of the matter in accordance with law. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 212. ..Category: Procedural Law | Date: | Hits: 96
Abu Taleb Mridha Vs. State, 1980, 9 CLC (AD)
....al. This argument overlooks that Section 436 though it has been deleted from the Article 2(4) (f), has been mentioned under sub-clause (k) and that offence is triable by Special Magistrate. In the facts of this case as it appears none of the offences mentioned in Article 2(4) (f) are the subject ......pondent Judgment February 14, 1980. The Bangladesh Scheduled Offence (S.T) Order, 1972 (P.O. 50 of 1972), Art 241. 4 A Special Magistrate will try the cases of the Scheduled Offences and only in cases of offence under Article 2(4) (f) and the offences committed in the connection wit......se and the Court has quashed the proceedings on merit as against that accused. In the result, therefore, this appeal is dismissed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 209 ..Category: Criminal Law | Date: | Hits: 57
Abdur Rashid Vs. Secretary, Ministry of Cabinet Affairs, Establishment Div & ors, 1980, 9 CLC (AD)
.... be argued that duty has been cast upon the appointing authority to give notice of the proposed higher punishment, unless it can be shown that it was passed arbitrarily or capriciously, which, on the facts on record, cannot be urged…………(8) Lawyers Involved: Syed Ishtiaq Ahmed, Senior Ad...... that it was passed arbitrarily or capriciously, which, on the facts on record, cannot be urged…………(8) Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate, Supreme Court, (K. Z. Alam and Zamiruddin Ahmed, Advocates, Supreme Court, with him) instructed by Syed Sakhawat Ali, Advocate-...... to say that the appellant was not denied the right to cross-examine the witnesses. According to him since the witnesses were examined in support of the allegations brought against the appellant, the evidence so recorded would not be mad the basis for convicting him and inflicting punishment, unles..Category: Employment/Service Law | Date: | Hits: 70
Bangladesh and ors Vs. Somboon Asavaham, 1980, 9 CLC (AD)
....7 was challenged in a Revision before the Board of Revenue but with no effect. Respondents challenged the orders of confiscation mainly on the ground of lack of jurisdiction contending that the facts as stated by the Customs authorities even if admitted do not attract the mischief of the Custo......980) 194 ......e foregoing reasons, the appeals are allowed with costs. The order of the High Court Division is set aside and the writs are re-called. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 194 ..Category: Admiralty Law or Maritime Law | Date: | Hits: 246
Commissioner of Income Tax, (Now Com. of Taxes), Ctg. Vs. Saifuddin A Siddiqui, 1980, 9 CLC (AD)
....he High Court Division in Reference Case No. 5 of 1973 and Reference Case No. 11 of 1969 respectively under section 66(1) of the Income Tax Act, 1922. Excepting the assessment years, the relevant facts of the two appeals and the question of law also being common the appeals have been heard analo......is exemption will not apply to a case where so much of the income as remaining unexpended during the previous year………….(6) "Income applied" meant the income set apart in the wakf deed and not the income actually spent by the Mutwalli…………….(7) The unexpended amount o......f the Income Tax Act in this case. In the result, both the appeals are dismissed on contest without, however, any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 190 ..Category: Fiscal/Taxation Law | Date: | Hits: 85
Afzal Khan Vs. Election Tribunal and Munsif. 3rd Court, Comilla and other , 1980, 9 CLC (AD)
.... purpose of doing complete justice in the matter. In the result, therefore, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 186 ......Civil) Present: Kemaluddin Hossain, CJ Ruhul Islam, J KM. Subhan, J Badrul Haider Chowdhury J Afzal Khan ………………………….Appellant. Vs. Election Tribunal and Munsif. 3rd Court, Comilla and other .......Respondents Judgment December 11, 1979. Loc......lowed then recounting should be held for all the 32 polling centres. His petition was, however, rejected by the Tribunal. 5. The Election Tribunal after hearing the parties and considering the evidence recounted the ballot papers of the 18 polling centres and found that Afzal Khan had a lead ..Category: Election Law | Date: | Hits: 136
Gopinath Ghose Vs. State, 1980, 9 CLC (AD)
....rinciple is that if a person has been tried by a competent court for an offence and has been either convicted or acquitted of such offence he shall not be tried again for the same offence on the same facts for any other offence for which a different charge might have been made under Section 236 or h...... March 28, 1980. The Code of Criminal Procedure, 1898 (Act V of 1898), section 403(1). The Constitution of Bangladesh, 1972, Article 143. Benefit of doubt entitles an accused to acquittal and as such this finding of fact even if erroneous is conclusive since it was not challenged in appe......Act 1 of 1956, read with East Pakistan Gold (Procurement and Distribution) Order, 1958. His defence was that the gold was not recovered from his possession. The learned Magistrate on consideration of evidence held that the prosecution failed to prove that the gold was recovered from his possession a..Category: Criminal Law | Date: | Hits: 42
Abdus Sattar & others Vs. Suresh Chandra Das & others, 1978, 7 CLC (AD)
....er, must be upheld. In view of this finding, the first question loses much of its importance but since a question of law of public importance is involved, we proceed to deal with it. 7. From the facts on record we find that there was no written contract between the plaintiff's on the one hand a......upreme Court Appellate Division (Civil) Present: Kemaluddin Hossain CJ Fazle Munim J KM Subhan J Abdus Sattar & others................Appellants. Vs. Suresh Chandra Das & others………….Respondents Judgment May 2, 1978. Result: The appeal ......Balaram, and on his death it has devolved upon both the respondents as his heirs and so the notice to quit u/s. 106 of the first Respondent was insufficient. 3. The trial Court on consideration of evidence, both oral and documentary, accepted the plaint case that Balaram was the first tenant, t..Category: Tenancy Law | Date: | Hits: 67
Abul Khair Mia Vs. Abdul Latif Sardar, 1980, 9 CLC (AD)
....965 (S.C.), 671 and Saifur Rahman vs. Haider Shah, 19 DLR (SC), 433. In the result, therefore, this appeal is dismissed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 167 ............Appellant Vs. Abdul Latif Sardar………Respondent Judgment February 5, 1980. The Code of Civil Procedure, 1908 (Act V of 1908), Order IX, rule 13 It is by practicing deceit and fraud that the decree was obtained and when such fraud and deceit is established, a decree has n......livery of possession on 21-3-66. In this view of the matter the appeal was dismissed. On revision the High Court Division, however, noticed that the two mokabila witnesses were not examined and the evidence of the Process Server did not inspite any confidence. Moreover, the evidence of the defenda..Category: Property Law | Date: | Hits: 69
General Manager, BD Cable Shilpa Ltd. Vs. Chairman, Khulna Labour Court & ors, 1980, 9 CLC (AD)
....as to costs and the matter is remitted to the Labour Court with liberty to the parties to adduce such evidence as they think necessary. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 165 ...... (Civil) Present: Kemaluddin Hossain CJ K. M. Subhan J Badrul Haider Chowdhury J General Manager, Bangladesh Cable Shilpa Ltd........ Appellant. Vs Chairman, Khulna Labour Court and others..............Respondent Judgment April 4, 1979. The Factories Act, 1965 (Act XXV......as misconceived. Those respondents were also not entitled to get overtime allowance for 4 hours per week, although, other officials and staff worked for 44 hours in a week. 4. Both the parties led evidence before the Labour Court and produced papers in support of their respective contentions. The..Category: Labour and Industrial Law | Date: | Hits: 267
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