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Abdul Alim and others Vs. A. K. Abdul Hoque and others, 1982, 11 CLC (AD)
....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. ......an execution proceeding. 2. In the facts of this case whether it could be said that the second executions petition was within time. 2. The facts giving rise to these questions are that there was a suit for declaration of an easement right over the passing of water ......d have raised the following question for determination by this Court- 1. Whether section 14 of the Limitation Act is available in an execution proceeding. 2. In the facts of this case whether it could be said that the second executions petition was within ti..Category: Property Law | Date: | Hits: 54
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. ......No. 34 of 1980. Judgment: 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 a......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)
....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. ......60 of 1980. Judgment: Ruhul Islam J.— In this appeal by special leave the question for our consideration is whether the provision of "reward" as contained in ......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. ..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. ......me Tax Officer for revising the assessment order. Thereafter, the Revenue filed the application under section 66(1) of the Income Tax Act before the High Court Division referring the two questions: "(i) Whether in the facts and in the circumstances of the case, t...... order. Thereafter, the Revenue filed the application under section 66(1) of the Income Tax Act before the High Court Division referring the two questions: "(i) Whether in the facts and in the circumstances of the case, the Income Tax Appellate Tribunal has correctly ..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. ......; 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 pai......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. ...... Fundamental Right. In this particular case section 9 (2) of Public Service (Retirement) Act (Act XII) of 1974 was struck down owing to its repugnancy to Articles 27 and 29 of the Constitution. The question is whether the validation of the said section and the action under the invalid law sought t......a hurry to proceed with the scheduled work of selecting candidates. It was further alleged that in a Departmental Proceeding he was let off with a warning. Excepting this matter of warning, all other facts as alleged by the Government have been practically admitted by him That his efficiency deterio..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. ......Facts necessary for disposal of the appeal are that the appellants filed the above noted writ petition before the High Court Division under Article 102 of the Constitution of Bangladesh calling in question the legality of the order of conviction passed by the Appellate Tribunal on setting aside ......ed. Another is that of reasonable doubt. The accused mast has the benefit of that doubt. An appellant from conviction can always invoke the support of these principles, if he can show that the facts of his case come from within their purview. On the other hand, the task of the appellant fro..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. ......s Order No. 9 of 1972, which is protected under sub-article (2) of Article 47 of the Constitution of the People's Republic of Bangladesh read with the First Schedule to the Constitution, cannot be questioned in any Court of law. 3. A Bench of the High Court Division allowed the Writ Petit......l is bad in law, because, Article 6 of President's Order No-9 of 1972 empowering the Government to remove its employees from service without assigning any reason thereof, has no application in the facts and circumstances of the case. 4. Leave was granted to examine whether the High Court ..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.
...... 11 of 1978 respectively.)
Judgment
Ruhul Islam J.- These two appeals by special leave arise from the decision of the High Court Division under section 66(1) of the Income-tax Act answering the question raised by the assessee and remanding the case to the Deputy Commissioner of Taxes to determ....... The assessee respondent filed an application under sub-section (1) of section 66 of the Income-tax Act raising the following question for the decision of the High Court Division:
"Whether on the facts and circumstances of the case the Tribunal was justified in confirming the rate of gross profi..
Category: Fiscal/Taxation Law | Date: | Hits: 100
Bangladesh Vs. Md. Matiur Rahman, 1982, 11 CLC (AD)
....ourt Division is set aside and the Writ Petition is dismissed with the modification that; the punishment is altered to compulsory retirement. No order as to costs. Ed. ......to the satisfaction of all concerned. I faithfully followed the instruction of the superior authority at any stage. No financial loss of the Government involved either. So the question of misconduct within the meaning of clause(b) of rule 3 of Bangladesh Government Servants......y namely, censure but the Government decided to impose a major penalty. Opinion of the Public Service Commission was obtained. It expressed the opinion that the dismissal would be harsh in the facts and circumstances of the case and recommended censure but the Secretary took a strong vi..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. ......est was inherited by his nephew Chand Mia. Defendant No. 1 took settlement of the suit land from Syed Akbar Mia, son of Chand Mia 40 years back and since then is in possession of the land in question. Defendant further asserted that the transaction between the plaintiff and Jayn...... 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)
....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. ......rred against 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 pro......carried on are assessable to income tax in his hands. 15. In view of the above it is to be observed that the Income Tax Act is a complete code by itself and all questions of law, facts arising out of the proceedings under the Act should be decided by the authority set up in acc..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. ......eposit to be refunded to the respondent on the expiry of the lease which was initially for a period of one year, renewable by mutual agreement. The respondent who held and possessed the premises in question on the expiry of one year defaulted to pay rent from January to March, 1971. The appellant ......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. ..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. ......d 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 holding that a subse&s...... to a pardanashin woman not to extend it to one not entitled to it. If the person upon whom the property of the pardanashin woman devolves by operation of law and who in the facts represents her can challenge the legality of disposition. 9. In the instant ..Category: Property Law | Date: | Hits: 57
....persona! hearing has, in any way, prejudiced the respondent.
For the reasons stated above, the appeal is allowed but without any order as to costs.
Ed.
This Case is also Reported in:
......
5. Section 33 of the Ordinance provides as follows:
“No order made under this Ordinance or under any Statute, 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 p...... pass such orders as he thinks fit.
(f) Notwithstanding anything contained in the foregoing clauses formal inquiry may be dispensed with when the order of dismissal is passed on the strength of facts or conclusions arrived at by a Judicial trial or trial by a Court Martial or when the accus..
Category: Employment/Service Law | Date: | Hits: 109
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. ......Munsiff, Cox's Bazar for redemption of the suit land which was transferred by him to the defendant-respondent under a registered instrument dated 11 November, 1953. He claimed that the transaction in question was a Kot-mortgage and that the entire consideration for the mortgage was satisfied by usuf......ficult to accept this abrupt finding of the High Court Division to be correct and justified as against the clear finding of the lower appellate court which was based on due consideration of evidence, facts and circumstances of the case. The Interference with the finding arrived at by the lower appel..Category: Property Law | Date: | Hits: 58
Khondker Moshtaque Ahmed Vs. Bangladesh, 1982, 11 CLC (AD)
....w Court and the order of Government on review are set aside, The orders of conviction passed on the appellant ate hereby quashed. Ed. This Case is also Reported in: 34 DLR (AD) (1982) 222. ......against the petitioner under Regulation No. XI of Martial Law Regulation No. 1 of 1975 which was amended afterwards. These facts, however, colorful mala fide might be this Court cannot go into that question in view of the fact that the Martial Law Regulation by which the amendments have been mad......udges observed: ''When the petitioner was arrested there was no charge against the petitioner under Regulation No. XI of Martial Law Regulation No. 1 of 1975 which was amended afterwards. These facts, however, colorful mala fide might be this Court cannot go into that question in view of the f..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.......r section 60 of the Registration Act, such pre-maturity can be cured, if during trial the pre-maturity is cured with registration of the Deed, otherwise the pre-maturity will remain. In this case the question of pre-maturity was raised at the appellate stage but by then the document had been registe...... wag disposed of on merits. The pre-maturity can be cared if, at the time of the trial, the Kabala was registered, otherwise the prematurity would remain. But in this particular case, became of the facts aforesaid, it is to be governed by its own facts, in that, the question of pre-maturity was ra..Category: Property Law | Date: | Hits: 65
Haji Tajamal Ali being dead his heirs: Kamarunnesa & ors. Vs. Abdus Sattar & ors, 1982, 11 CLC (AD)
....iguity" within the meaning of section 9 of the State Acquisition and Tenancy Act. 8. In the result, the appeal is dismissed without, however, any order as to cost. Ed. ......t Division in Civil Revision Case No 1583 of 1976. Judgment: Shahabuddin Ahmed J.—The question for determination in that appeal by special leave is whether, in a case for pre-emption un......iguity" within the meaning of section 9 of the State Acquisition and Tenancy Act. 8. In the result, the appeal is dismissed without, however, any order as to cost. Ed. ..Category: Property Law | Date: | Hits: 66
Abdul Hamid Vs. Abdul Jabbar , 1982, 11 CLC (AD)
....o this modification the appeal is allowed, the order of the High Court Division is set aside and that of the Subordinate Judge is restored. There will be no order as to costs. Ed. ......ision in Civil Revision No. 1034 of 1980). Judgment: Shahabuddin Ahmed J.- In this appeal by special leave the question for determination is whether the provision for restitution as contained in section 144 of ......o this modification the appeal is allowed, the order of the High Court Division is set aside and that of the Subordinate Judge is restored. There will be no order as to costs. Ed. ..Category: Civil Law | Date: | Hits: 82
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